What You Should Know About Suing a Drunk Driver

Have you or a loved one been involved in a car accident with a drunk driver? Suing a drunk driver can be a complex and emotional process, but it’s important to know your rights and options.

Knowing what steps to take and what to expect can make a big difference in the outcome of your case. By understanding the legal process and your rights as a victim, you can seek justice and compensation.

Let’s discuss what you should know about suing a drunk driver, including the steps involved in the legal process, the types of damages you may be entitled to, and how a drunk driving accident lawyer in Phoenix can help make the process easier.

Proving Liability Is Not Always Easy

Proving the legal liability of the at-fault driver is a critical first step when pursuing a lawsuit after a drunk driving accident. Some challenges to proving negligence in a DUI claim include:

• Lack of BAC evidence: If the at-fault driver did not submit to a breathalyzer or blood test, it can be hard to prove they were intoxicated without concrete BAC evidence.
• Delayed testing: If too much time passed between the accident and a BAC test, the defense may argue the driver’s BAC at the time of the crash cannot be reliably determined.
• No witnesses: If the crash occurred late at night on a deserted road without eyewitnesses, it’s tougher to prove negligent or impaired driving.
• Challenging blood tests: Defense attorneys may try to undermine the reliability and procedures of any blood alcohol analysis tests.
• Sober appearance: Responding officers said the driver looked sober at the scene, making intoxication harder to demonstrate retrospectively.
• Shared liability claims: The defense or insurance company will often argue the victim contributed to the accident through their own actions.
• Lack of video evidence: absent crash camera footage or security videos, there may be no visual proof of erratic driving.

Dealing with any of these obstacles without help from a personal injury attorney can put your claim and your compensation at risk. Gathering as much corroborating evidence as possible can help overcome these proof challenges.

An experienced car accident lawyer in Phoenix will have the resources to gather and analyze the available evidence to help build your case.

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

How a Car Accident Lawyer Investigates Your Case 

Your Phoenix personal injury lawyer will begin with a thorough investigation to identify liable parties, gather evidence, and build the foundation of your claim. There are a few key aspects to liability that your attorney will evaluate:

Blood Alcohol Content (BAC)

In nearly all states, including Arizona, if a driver’s blood alcohol content (BAC) at the time of the accident is found to be above the legal limit of 0.08%, they are considered per se liable for the crash. Police reports documenting the driver’s BAC level through field sobriety tests or chemical analyses provide strong evidence of liability.

Further, Arizona has imposed even lower limits on commercial drivers and those under the legal age for consuming alcohol. A car accident lawyer in Phoenix can help you understand how these limits might impact your claim.

Negligence

Even if it cannot be proven that the other driver was drinking, you may be able to establish the at-fault driver’s simple negligence through dangerous or reckless actions like speeding, running red lights/stop signs, unsafe lane changes, tailgating, etc. Witness statements and traffic camera footage can support claims of negligent driving behavior.

Defenses

The defendant’s insurance will likely deny full liability and try to argue shared or comparative negligence on your part through defenses like speeding, distracted driving, or failure to wear a seatbelt.

Having legal representation and a coherent accident narrative corroborated by police reports helps disprove such claims.

Your attorney will construct a case rooted in liability statutes specific to your state. Solid evidence like BAC levels, witness accounts, and documentation of injuries shifts the burden of proof to the defendant to rebut negligence claims in court if needed.

Types of Compensation in a Drunk Driving Accident Claim

If you are able to prove negligence on the part of the drunk driver, you may be entitled to fair compensation for damages such as:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional trauma
• Property damage
• Loss of future earnings
• Scarring and disfigurement
• Punitive damages in some cases
• Wrongful death damages if applicable

It is important to keep thorough records of all expenses related to the accident, as these will be crucial in determining the amount of compensation you may be entitled to. Your car accident attorney can help compile this documentation to help solidify your personal injury claim.

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A Note on Insurance Coverage in DUI Accident Claims

In some cases, the drunk driver’s insurance may cover some or all of your damages. However, if the driver is uninsured or underinsured, or if their insurance policy does not fully cover your expenses, you may need to pursue a lawsuit to seek additional compensation.

Likewise, if the insurance company fails to agree to a fair settlement, your personal injury lawyer may file a lawsuit to ensure you receive full and fair compensation in a drunk driving accident case.

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The Emotional Toll

Dealing with the legal process of a drunk driving accident lawsuit can take an immense emotional toll above and beyond coping with physical injuries. Some common feelings victims experience include:

• Reliving the trauma: Discussing accident details or reviewing evidence can trigger flashbacks and post-traumatic stress symptoms.
• Anxiety: Facing depositions, court dates, and negotiations with insurance adds anxiety on top of existing worries about medical costs or lost income.
• Anger: Victims may struggle with feelings of anger towards the at-fault driver’s reckless actions and lack of accountability.
• Loss of control: The lengthy legal process often leaves victims feeling a loss of control over the situation and outcome.
• Distress: Emotions can run high when confronting the at-fault party, their defense strategy, or delays in obtaining compensation.

Having an experienced attorney on your side helps alleviate some of this emotional burden. We can guide you through difficult legal steps while also providing support during difficult times.

An attorney serving as an advocate and liaison helps give victims a sense of empowerment in seeking justice. Addressing both the legal and emotional needs of their clients is important for lawyers handling DUI accident cases.

Contact a Personal Injury Law Firm to Learn More About Suing a Drunk Driver

Filing a personal injury claim after a drunk driving accident can be an overwhelming process. Working with an experienced car accident attorney from Zanes Law can make all the difference.

Our team understands the complexity of DUI accident cases, and we have the resources to build a strong case on your behalf. We will work aggressively to establish liability, ensure you receive fair compensation for your injuries and losses, and take the legal burden off of you.

To discuss your potential claim, contact Zanes Law today for a free consultation.

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

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