How Does Comparative Negligence Affect a Drunk Driving Accident Case?

Arizona uses comparative negligence laws when handling car accident cases, including those caused by impaired drivers. How does comparative negligence affect a drunk driving accident case?

This portion of the law may lower your compensation if the at-fault driver claims you partially caused the collision. Fortunately, a Phoenix drunk driving accident lawyer from our team at Zanes Law can focus on the liability of the other motorist. 

Find out how we can help with cases involving comparative negligence by calling or completing our online contact form.

How Does Comparative Negligence Work in Arizona?

According to A.R.S. §12-2505, comparative negligence means that multiple parties may hold some degree of fault for accidents and that individuals who are partially responsible for a collision may still seek compensation for their losses. 

If you hold partial liability for a drunk driving accident, the court can reduce the compensation you receive based on your percentage of fault. Therefore, working with a car accident lawyer in Phoenix who can show that someone else caused your wreck is essential. 

Does Comparative Negligence Apply in All Cases? 

Arizona’s comparative negligence laws shift in cases involving wanton, willful, or intentional actions resulting in injuries or wrongful death. In these cases, the at-fault individual has no right to the benefits offered by comparative negligence statutes.

A lawyer may argue that a driver getting behind the wheel of a vehicle while impaired by alcohol was acting in an intentionally dangerous way. You can discuss specific options around your situation when you reach out to our legal team. 

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

What Compensation Does Comparative Negligence Impact?

You may receive reduced compensation for all your losses if you’re found partially responsible for a drunk driving accident in Arizona. Regulations around comparative negligence can impact the funds you receive for your:

• Emergency medical treatment and time in the hospital 
• Medical tests, assessments, and necessary procedures
• Medications, physical therapy, and rehabilitation 
• Lost pay and reduced earning potential
• Vehicle repair or replacement costs
• Pain, emotional anguish, and mental suffering

A lawyer can help you secure total compensation for all of these losses by striving to demonstrate that someone else caused your accident. 

How Do Lawyers Address Issues with Comparative Negligence?

Your attorney can help you handle a drunk driving accident claim involving potential comparative negligence. We address this issue by collecting evidence to show that the other driver caused the collision.

Our team has years of experience and the resources to thoroughly investigate the facts around your collision. We change the strategies we use to meet the needs of each client. Based on your situation, we may:

• Find and interview all eyewitnesses 
• Visit the scene of the accident
• Collect copies of the police accident report
• Look for photos and videos of the accident 

We strive to show that the drunk driver directly caused your accident through negligence, standing up for your best interests throughout the legal process. We may work with drunk driving accident experts to strengthen your claim further. 

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Can Other Parties Cause Drunk Driving Accidents?

Your attorney may look beyond the actions of a drunk driver when building a claim for compensation after an accident. Arizona’s dram shop laws mean you may file a claim against some parties for selling liquor to an obviously intoxicated person. 

You can generally only file a claim against a dram shop if the intoxicated party consumed the additional liquor and then caused property damage, an injury, or death. 

A Phoenix Dram shop accident lawyer can discuss your legal options and all potentially liable parties. 

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When Should You Contact a Lawyer for Help with Comparative Negligence?

Getting legal help immediately after an accident can help you handle issues related to comparative negligence. Your attorney can provide advice about what to say to the at-fault driver and insurance agents, protecting your ability to secure compensation. 

For example, we often advise our clients to avoid apologizing for the accident, as this can imply you hold a percentage of fault. You may also want to avoid posting about the accident on social media or giving the other driver’s insurance company a recorded statement. 

Getting help right away can also allow your lawyer to effectively collect evidence and work with witnesses before they start to forget what happened. These factors can strengthen your claim. 

Find Out How Comparative Negligence Impacts Drunk Driving Accident Cases

How does comparative negligence affect a drunk driving accident case in Arizona? This aspect of the law may reduce the compensation you receive in some cases. Find out how to protect your claim with our team at Zanes Law. 

Call or fill out our online contact form to learn more. 

Call or text 866-499-8989 or complete a
Free Case Evaluation form