Do I Still Have a Case if the Drunk Driver Passed Away?

If you’ve been injured in a drunk driving car accident where the drunk driver has passed away, you may be uncertain about your ability to pursue financial compensation through a legal claim.

When the defendant is deceased, the typical process is complicated, leaving many victims with unanswered questions. However, Arizona law does provide avenues to recovery even in these difficult situations.

Depending on the specific circumstances, it may be possible to file a lawsuit against the deceased driver’s estate or their insurance provider. You do not have to navigate this process alone, though. A Phoenix drunk driving accident lawyer can pave the way to the answers and relief you deserve.

You Can Pursue Compensation Even if the Drunk Driver did Not Survive the Crash

Being involved in a car accident with an intoxicated driver can be a terrifying and devastating experience. However, even if the driver responsible for the accident passes away, it is important to remember that you still have legal options to seek compensation for your injuries.

You may be able to pursue a claim against the driver’s insurance company for compensatory damages to cover your medical bills, pain and suffering, lost wages, and other losses.

While proving that the driver was intoxicated at the time of the accident may present challenges, with the right evidence, such as witness statements, police reports, and toxicology reports, it is possible to build a case with help from a Phoenix car accident lawyer.

For a free legal consultation, call 866-499-8989

Proving Your Claim May Be Challenging

Proving that a deceased driver was intoxicated can present significant challenges. Without the ability to conduct field sobriety tests or obtain blood alcohol concentration (BAC) levels from the driver, we must look to other forms of evidence to establish intoxication.

This may involve analyzing blood samples taken posthumously, interviewing witnesses who may have interacted with the driver prior to the crash, and reviewing any potential surveillance footage that could shed light on their state of mind before getting behind the wheel.

While it may be a challenging process, with thorough investigation and legal representation, it is still possible to hold a deceased driver accountable for causing harm while under the influence of alcohol or drugs in a fatal drunk driving accident.

Why Proof of Drunk Driving Matters When the Driver Has Died

Proving that the deceased driver was intoxicated can make it easier to establish fault in a car accident claim. Driving under the influence is a clear violation of traffic laws and puts other road users at significant risk.

By demonstrating that the driver’s intoxication directly contributed to the accident, victims may have a stronger case for recovering compensation for their losses.

The presence of alcohol or drugs in the deceased driver’s system can provide concrete evidence of their impairment and help support claims for both compensatory and even punitive damages.

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Who Pays for the Damages?

Here are the main sources that can potentially pay for your injuries if the at-fault driver has died in the accident in Arizona:

• The at-fault driver’s automobile insurance: If the at-fault driver had car insurance, their insurance policy would be liable to pay out up to the policy limits for any injuries or damages caused in the accident.
• The at-fault driver’s estate: If the driver left behind any assets like real estate, bank accounts, or vehicles, you may be able to file a lawsuit against their estate to try to recover damages. Any assets would go toward paying claims.
• Your own uninsured/underinsured motorist coverage: If the at-fault driver was uninsured or underinsured, your own car insurance UM/UIM coverage may kick in up to your policy limits to compensate for injuries.

The best approach is to consult a personal injury lawyer to determine which options apply to your specific accident situation and help recover damages for your injuries.

With guidance, you can gain a clearer understanding of your legal rights and determine the strongest path to fairly compensate you for medical costs, lost wages, pain and suffering or other damages from the crash. 

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How Can a Lawyer Help?

Here are some of the key ways a lawyer can help if you’ve been injured in an accident where the at-fault driver died:

• Investigate the accident and determine liability: Your drunk driving accident lawyer will gather evidence, such as police reports, witness statements, and autopsy reports, to prove fault.
• Contact the deceased driver’s insurance and request documentation: Your personal injury lawyer will find out policy limits and details to maximize potential payments.
• Pursue a claim against the deceased’s estate if they left any assets: Filing a lawsuit may be necessary to compel compensation.
• Handle the claim on your UM/UIM coverage: If the other driver was underinsured. A lawyer knows the process to access these funds.
• Handle all correspondence and negotiations: Our attorneys are experienced in arguing the value of injuries to get full settlements.
• Calculate your damages thoroughly: This involves estimating past/future medical bills, lost wages, pain, and suffering for fair damages.
• Guide you through the legal system: Deceased defendant cases involve additional complexities that require expertise to navigate.
• Protect your rights and interests: Insurance providers are incentivized to minimize the amounts they pay out. A lawyer aggressively acts on your behalf to maximize your compensation.

Contact a Phoenix Drunk Driving Accident Lawyer

If you have been injured due to a drunk driver who did not survive the crash, contact the experienced drunk driving accident attorneys at Zanes Law. We understand the challenges you’re facing, and our legal team can help you pursue the compensation you deserve.

We will conduct a thorough investigation, determine all viable means of recovery, and guide you through the claims process. By maximizing insurance payouts and, if needed, filing a lawsuit against the at-fault party’s estate, we will hold all responsible parties fully accountable.

You don’t need to face this challenge alone. Let us handle the legal battle on your behalf so you can focus on healing. Contact us today.

Call or text 866-499-8989 or complete a
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