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Every year, countless people choose to get behind the wheel after consuming alcohol, leading to tragic accidents with devastating consequences. If you or a loved one has been harmed in a drunk driving accident in Phoenix, you need a local lawyer with experience in these cases.
A Phoenix drunk driving accident lawyer from Zanes Law can help you navigate the legal system and fight for the financial compensation you deserve. Whether you were the driver, a passenger, or a pedestrian involved in the accident, taking the right steps after a crash is vital.
Contact us now for a free consultation with a Phoenix car accident lawyer, or keep reading to learn more.
Common Drunk Driving Accident Injuries
Drunk driving accidents often result in high-impact collisions due to impaired judgment and delayed reaction times.
Victims of such accidents may suffer from various injuries, including but not limited to:
- Traumatic brain injury (TBI): Drunk driving accidents can lead to traumatic brain injuries, impacting victims’ cognitive functions and overall well-being.
- Back and neck injuries: The force of impact in these accidents may cause spinal injuries, ranging from herniated discs to spinal cord injuries, affecting victims’ mobility and quality of life.
- Organ damage: The intensity of collisions can result in internal injuries and organ damage, necessitating immediate medical attention and long-term care.
- Limb injuries: Victims often sustain injuries to limbs, such as fractures, dislocations, or even amputations.
- Soft tissue injuries: Whiplash, cuts, and bruises are common soft tissue injuries in drunk driving accidents, causing pain and discomfort.
Understanding the full impact of your injuries is crucial for pursuing fair compensation after an accident. A Phoenix personal injury lawyer from Zanes Law can work with your doctors to understand the extent of your injuries and your future prognosis.
For a free legal consultation with a drunk driving accidents lawyer serving Phoenix, call 866-499-8989
Your Rights as a Drunk Driving Accident Victim in Arizona
If you’ve suffered injuries due to the actions of a drunk driver, it’s important to understand your rights. In a case like this, the other driver is likely to face criminal charges initiated by law enforcement officials and state prosecutors.
As the victim, you’ll receive comprehensive reports from these authorities outlining information related to your rights as a crime victim.
Civil Lawsuits
It’s important to note that criminal DUI cases and civil personal injury claims are two different legal processes. If you suffered injuries due to the negligence of an impaired driver, you have the right to initiate a civil claim to seek compensation for your losses.
You retain this right even if prosecutors or law enforcement officials don’t press DUI charges or if the accused is acquitted of any criminal charges. Recovering compensation through an insurance claim or civil lawsuit does not depend on a criminal conviction.
Establishing Liability
Your lawyer can delve into the matter, conduct investigations, and gather evidence from the accident scene and police report to establish the liability of the drunk driver.
Typically, proving fault in these cases requires the following four elements:
- The other driver owed you a duty of care.
- The driver breached their duty of care by operating under the influence of alcohol or drugs.
- The driver’s impairment or reckless behavior directly caused the accident.
- You sustained damages as a result of the driver’s breach of duty.
Even if there is no proof that the other driver was intoxicated, you can still go after them for compensation if they negligently caused the accident.
Phoenix Drunk Driving Accident Lawyer Near Me 866-499-8989
Holding an Establishment Responsible Under the Dram Shop Liability Law
In some cases, other parties can share responsibility for a drunk driver’s actions. Arizona Revised Statute 4-311(D), also known as the “dram shop law,” establishes the conditions under which establishments holding a liquor license may be held liable for personal injuries resulting from the intoxication of a patron they served.
Specifically, the statute outlines that if a licensee sells liquor to an individual who is intoxicated or to an individual under the legal drinking age without checking for identification, the establishment may bear liability for any resulting harm.
Understanding Arizona’s dram shop law is crucial for individuals seeking compensation for injuries resulting from alcohol-related accidents. Your attorney may leverage this law to provide you with another avenue for pursuing compensation.
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Seeking Medical Treatment After a Collision With a Drunk Driver
After a drunk driving accident, it’s not uncommon for injuries to go unnoticed at first. Some conditions may take days or weeks to manifest. Unfortunately, people involved in accidents often focus on visible signs like bleeding or fractures.
In situations where injuries are invisible, victims may mistakenly assume they are okay and forego seeking medical attention. The longer you wait to see a doctor, the more difficult it will be to link your injuries to the drunk driving incident.
Avoid putting yourself in this difficult situation. If you’ve been involved in a motor vehicle accident, it’s crucial to seek medical attention promptly. A healthcare professional can identify physical damage that might not be immediately apparent. Early detection is important for your physical recovery and your personal injury case.
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The Other Party’s Insurance Company Is Not on Your Side
It’s important to realize that the insurance company representing the at-fault party is not inherently aligned with your best interests. While claims adjusters may seem friendly, insurance companies primarily aim to protect their bottom line.
Here are some tactics they may use to avoid paying you a large settlement:
- Denial of liability: Even if the insured is clearly at fault, an insurance company might outright deny liability, requiring you to prove the other party’s negligence.
- Undervaluing claims: They might attempt to undervalue your claim, offering a settlement that does not accurately calculate your medical expenses, lost wages, and pain and suffering.
- Stall tactics: Insurance companies may intentionally delay the claims process, hoping to wear you down and push you into accepting a lower settlement.
- Blame shifting: Insurers may employ contributory negligence arguments, attempting to shift blame onto you to reduce their liability.
Understanding these tactics is crucial when you’re dealing with the other party’s insurance company. Hiring an attorney can help level the playing field and ensure you receive fair compensation for your injuries and losses.
Using Criminal DUI Charges to Obtain Financial Compensation
Drunk driving accidents resulting in criminal convictions generally give victims the right to demand restitution in criminal court. Restitution is financial compensation the judge orders the offender to pay the victim, typically for medical bills and property damage. However, auto insurance companies do not cover restitution judgments.
Convicted offenders must generally pay restitution out-of-pocket, and they often don’t have the money to cover it. An experienced DUI accident injury lawyer could help you recover financial compensation through the insurance claims process and personal injury litigation.
Filing Drunk Driving Lawsuits in Phoenix
Your attorney may file a civil lawsuit against the drunk driver, the vehicle owner, and the driver’s employer if they were drinking and driving while on duty. As we mentioned previously, some cases even support claims against shop owners who unlawfully sold alcohol to underage drivers.
Experienced plaintiff’s lawyers might use DUI, assault, or manslaughter convictions to obtain accelerated liability judgments in personal injury lawsuits. However, even if the offender was never convicted or charged, injured claimants might still win personal injury damages in civil court.
Settling DUI Injury Lawsuits with Liable Auto Insurers
Most viable auto accident cases, including drunk driving claims, settle with the liable driver’s auto insurer. However, insurance adjusters will do everything possible to avoid paying out a large settlement. This may include tricking you into accepting a lowball offer or convincing you not to hire a lawyer.
Once you retain a drunk driving injury lawyer in Phoenix, adjusters can no longer contact you without your lawyer’s consent. This protects you during your medical recovery and keeps you from accidentally saying something that could harm your case.
Most attorneys begin settlement negotiations by sending a detailed demand letter to the liable insurance company. These demands typically include evidence establishing liability and outlining your damages. Your DWI injury lawyer may then negotiate with the liable insurer, which may result in a settlement agreement.
Damages a Phoenix Drunk Driving Injury Lawyer Could Help You Recover
Drunk drivers cause some of Arizona’s most devastating traffic crashes. While our Phoenix drunk driving accident lawyers cannot cure your injuries, we might help you and your family obtain financial relief to pay for medical care and other accident-related expenses.
In Arizona, following a DUI car, truck, or motorcycle crash, you might recover:
Economic Damages
These awards cover the claimant’s direct economic losses (past and future) stemming from the accident.
Common economic damages include the following:
- Hospital and surgical costs
- Doctor fees and rehabilitation expenses
- Medical equipment and transportation costs
- Lost wages
- Lost benefits
- Nursing care
- Household assistance
An experienced attorney can identify and calculate your unique non-economic losses in advance of settlement negotiations.
Non-Economic (Pain and Suffering) Damages
Victims of Arizona drunk driving accidents have the right to demand compensation for their non-economic losses, like pain and suffering.
These damages may include awards for the following:
- Physical pain and suffering
- Emotional distress or mental anguish
- Loss of consortium
- Loss of enjoyment of life
Insurers generally calculate these non-economic damages based on the severity of the claimant’s injuries and financial losses using a multiplier. The more disabling the injury, the greater your potential pain and suffering compensation.
Punitive Damages
Because driving drunk qualifies as reckless driving in Phoenix, injured claimants might demand punitive damages directly from the drunk driver. Claimants often receive these awards in addition to compensation for their economic and non-economic damages.
Unlike compensatory damages, punitive damages aim to punish the offender for unacceptable conduct. Juries may award these additional damages in cases involving gross negligence, intentional misconduct, or wrongful death.
Drunk driving accident victims often have multiple options for maximizing their compensation, but they frequently settle claims too soon or give up after pushback from insurers. Our drunk driving accident lawyers in Phoenix help families seek the highest amount of compensation possible based on available insurance, liable parties, and the defendant’s resources.
Hiring a Phoenix Drunk Driving Injury Attorney From Zanes Law
Phoenix DUI accidents often trigger criminal prosecution, insurance investigations, and personal injury lawsuits, which is a lot to keep track of. Insurers may intentionally pressure you to drop your claim or accept a low offer while you’re going through a difficult time.
Our dedicated Phoenix drunk driving accident attorneys can handle these details while you recover, and we don’t get paid unless we get you a settlement or court award.
This contingency fee arrangement allows you to focus on healing without worrying about expensive hourly legal fees. We can even cover the necessary litigation costs and expenses upfront, so you’ll pay nothing out of pocket. Every case is unique, but in general, people who hire attorneys tend to walk away with substantially more money, even after legal fees are taken out.
Time Limit for Suing the Drunk Driver
If you want to file a civil lawsuit against the person responsible for your injuries, you must file your legal claim within Arizona’s statute of limitations. ARS § 12-542 gives you two years from the accident date to initiate your claim against the at-fault driver. If you try to take legal action after the deadline, your claim will likely be denied.
Certain exceptions could shorten or lengthen the deadline, so it’s important to consult with an attorney about your specific case.
While two years may seem like plenty of time, it’s important to act quickly for other reasons. The sooner you reach out to our team, the sooner one of our experienced attorneys can start gathering and preserving key evidence in your case.
Free Consultation Regarding Your Phoenix Accident
Are you seeking guidance after your Phoenix accident? Zanes Law is here to help. Take the first step toward peace of mind and a better financial future by scheduling a free consultation today. We understand the challenges you’re facing, and our attorneys are ready to provide personalized advice tailored to your situation.
Don’t navigate the aftermath of a crash alone. Let one of our drunk driving accident lawyers in Phoenix be your ally in securing the compensation you deserve. Contact us now for a free consultation, and let’s start the journey toward resolution together.
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Benefits of Retaining Phoenix Drunk Driving Injury Attorneys at Zanes Law Injury Lawyers
The legal complexities associated with DWI crashes leave many injured claimants struggling to understand their rights. Phoenix DUI accidents often trigger criminal prosecutions, insurance investigations, and personal injury lawsuits, which grieving families and accident victims can’t handle without help. Make no mistake that insurers may intentionally pressure you into dropping your claims or accepting insufficient settlement offers before the shock wears off.
Our dedicated Phoenix drunk driving accident attorneys might handle these claims while you recover, and we don’t get paid unless we recover needed compensation for our wrongfully injured clients. This fee structure—called a contingency fee arrangement—allows families to focus on getting well without worrying about expensive hourly legal fees.
We might even front all necessary litigation costs and expenses. Following DUI accidents, our lawyers frequently help victims navigate the criminal process, demand restitution, and recover quick damages from victim’s compensation funds. Contact the Phoenix drunk driving injury attorneys at Zanes Law Injury Lawyers to schedule your free and confidential case analysis by calling 866-499-8989 or contacting us online.
Frequently Asked Questions
Can I Get Punitive Damages from the Drunk Driver?
Punitive damages are very rare in any type of personal injury case. They are only reserved for some of the worst examples of conduct by a defendant that a jury wants to punish. That said, drunk driving is a bad example of illegal and reckless conduct. We cannot predict with certainty what a jury may do if your case goes to trial, but we can seek punitive damages in your case.
The higher the defendant’s blood alcohol content, the more likely the jury is to want to send a message to the defendant. Note that you will likely not receive punitive damages if you settled your case at the claims stage. Insurance companies do not pay punitive damages as part of a settlement. Punitive damages will greatly increase the amount of your jury award, but it can take time to collect the judgment if you can fully collect at all.
Will an Insurance Company Pay for a Drunk Driving Accident Settlement?
Some people worry that the driver’s insurance company will not pay for a drunk driving accident settlement because it involves intentional criminal behavior on the part of the responsible driver. Thankfully, they do not need to fear.
Even though the driver intentionally did something wrong, a drunk driving accident is still a motor vehicle crash. Thus, an insurance company should cover the losses. If they try to get out of paying your claim, you can file a lawsuit. If for some reason, the driver’s insurance will not pay, you still deserve compensation. Your own auto insurance will need to cover your damages. Either way, you are legally entitled to compensation for a drunk driving accident.
What Happens if the Driver Did Not Stop or Did Not Have Insurance?
You should have underinsured and uninsured motorist coverage as part of your auto insurance. This should give you some amount of payment from your own insurance company, regardless of whether the other driver had insurance. The key is to call the police to the scene of the accident and get a police report. This will document that you were the victim of a hit-and-run accident.
If the other driver was under or uninsured, you will file a claim against your own insurance company. However, be careful about thinking of an insurance company as loyal to you in any way just because you pay premiums. They will still play the same games as any other insurance company. You will still need to negotiate for every penny that you get, and a lawyer who will fight for you is a requirement.
Does the Other Driver’s Conviction Mean that I Automatically Win My Civil Lawsuit?
Not necessarily, but it will be helpful. If the other driver pleads guilty to the crime or receives a conviction from a jury, it is admissible as evidence in your civil case. There is a higher standard of proof in the criminal process than in civil cases, so this will be important evidence in your case. You will still need to go through a separate legal process for a civil case because these are two different parts of the law. Importantly, you can even file a civil lawsuit against the driver if they received an acquittal of drunk driving charges. Again, the burden of proof is different.
In a criminal case, law enforcement will need to prove the charges beyond a reasonable doubt. This is a high standard to meet. In a civil case, your burden of proof is that you must show that the driver was responsible for the crash by a preponderance of the evidence. This translates to the fact that it is more likely than not that your version of events is true, and the driver is legally responsible for your injuries. However, injured victims can use evidence of a criminal conviction to prove negligence.
You will not need to wait for the criminal action to wrap up before you begin the compensation process. However, drunk driving prosecutions generally move quickly, so the criminal process may be over before you wrap up the claims process.
Do the Same Legal Rules Apply if the Driver Was on Drugs?
Drivers are criminally liable when they drive under the influence of any substance. A .08 blood alcohol level is evidence enough where impairment is presumed, and it does not matter whether the driver has been affected by the alcohol or not. However, the driver can still be drunk and responsible for the accident if they had a BAC below that. This is another way of saying that impairment can be a basis of liability, no matter what substance the driver ingested.
Motorists cannot legally take any kind of drug before they get behind the wheel. Even if they took legally prescribed drugs, they can still be responsible for an accident if they were under the influence. The same goes for cannabis products, even if the driver legally took them. If a driver caused an accident when they were under the influence, police can administer a test to figure out whether they had drugs in their system.
What Happens if My Loved One Died Due to a Drunk Driver?
If your family member lost their life in a DUI accident, your family will have the right to file a lawsuit. The cause of action will be a wrongful death case. This is another type of personal injury case that will have different damages than a lawsuit filed by a surviving accident victim. Certain family members will file this type of case according to an order of precedence that Arizona law establishes.
In wrongful death cases, the family will receive compensation for what they lost when their loved one passed away.
Their compensation can include:
- The wages that their loved one would earn had they lived
- The family’s grief and trauma at losing their loved one
- The loss of their loved one’s presence and support
- The loss of their family member’s love and companionship
- Loss of consortium for the spouse
In addition, the estate can also bring a survival action. This compensation is for what the deceased person experienced before their death. The payment will be greater if their loved one suffered greatly before their death. It will also include the medical bills for any treatment or surgeries that they received after the accident.
Who Can File a Drunk Driving Lawsuit?
Anyone who suffered injuries due to the drunk driver can file a lawsuit. Most often, the person hurt is another driver. Possible plaintiffs in a drunk driving accident lawsuits can include:
- Passengers in your car
- Passengers in the drunk driver’s car (see below)
- Pedestrians
- Bicyclists
The drunk driver’s passengers may have a more difficult time filing a lawsuit if there is evidence that they willingly got into a car with a driver that they knew was drunk. If you are an injured passenger, you may hesitate to sue the driver if they are a friend or a family member. However, it will be the insurance company that pays your claim. You will only be giving up money to which you are legally entitled. The driver should understand that they were at fault, especially when they were under the influence at the time of the accident.
How Much Can I Receive in a Drunk Driving Accident Case?
This all depends on your injuries and if you settle your case. Insurance companies should be very careful about trying to nickel and dime you in settlement negotiations. They should know that juries generally treat drunk drivers harshly since they chose to get behind the wheel inebriated. Therefore, you may get a more reasonable settlement offer in this type of case.
The question of damages is very specific to the facts of your case. For example, if you were a healthy 25-year-old before the accident, you may be able to receive a larger check than an older person. This is because you can earn more money throughout your lifetime, and you may also lose more enjoyment of life. In addition, you will have higher future medical bills and pain and suffering damages. It is up to your attorney to present the arguments why you fully deserve the damages that you are claiming.
What Should I Do if the Insurance Company Approaches Me Directly?
Refer them to us, because this could place your claim in danger. Usually, the insurance company will try to trick you into admitting to liability for the accident. The considerations are not the same for a drunk driving accident, where the other driver is clearly at fault. However, admitting to things like speeding or texting at the time of the accident can cut your recovery. This is why you do not want to talk to them about the accident.
In addition, they may try to get you to say something that can undercut your claim for damages. They may try to argue that your injuries are not as serious as you claim, and you, therefore, do not deserve as much money.
If the insurance company tries to call you, remember that you are under no obligation whatsoever to speak with them. If you have an attorney (and you should), simply refer them to your attorney and say no more. When dealing with an insurance company, the less you say, the better off you are.
If I Know that the Other Driver Caused the Crash, Why Do I Need a Drunk Driving Accident Lawyer?
Remember that proving liability is only part of what you need to do in a car accident claim. Even after it is apparent that someone else was responsible for the accident, you still must prove your damages and negotiate your claim. In other words, fault is just part of the equation. After that, you will still need to fight for the compensation that you deserve.
Your lawyer will handle the settlement negotiations with the insurance company. This is a task for someone with experience dealing with these companies and knowing how they operate. It requires an experienced professional who knows when the insurance company is trying to underpay your claim. The average person may not know what their claim is worth on their own without the help of an experienced professional.
How Else Can a Lawyer Help Me in My Case?
When you are dealing with intoxication, you need someone who can work with toxicology experts in case forensics are necessary. You may even need your own investigation to establish the extent of your damages. Your attorney can help translate and read the evidence about what substances were in the driver’s blood at the time of the accident and the extent of the intoxication. If your case goes to litigation, your attorney can get more information in discovery, including documentation of the at-fault driver’s motor vehicle records.
I Don’t Have Any Money. How Can I Pay for an Attorney?
At Zanes Law Injury Lawyers, our drunk driving accident attorneys receive payment differently than other lawyers. If you were going through a divorce, you would have to pay a retainer and then pay monthly attorney’s bills for the time that they spent on your case. You would owe the money regardless of the legal result of your case.
When you file a drunk driving accident lawsuit, we will put you under no obligation to pay a retainer or hourly charges. If there was one, many people will hesitate to stand up for their legal rights and seek compensation because of the financial risks. Here, our lawyers only receive payment if your case succeeds. If for some reason, you don’t recover compensation, you will not owe your lawyer money. This way, your lawyer is also investing their time in your case because they also risk not getting compensation.
Phoenix Car Accidents Blog Posts:
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