Drunk Driving Accident Lawyer in Phoenix

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.

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.

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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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