When you are injured in a Phoenix drunk driving accident, you need to understand your rights and the process of seeking compensation for your injuries. The first step is to hire an experienced personal injury attorney.
A lawyer can also help ensure that any settlement negotiations are fair and equitable for all parties involved in your case. We will negotiate on behalf of your best interests and make sure you receive a fair settlement amount based on the facts of your case and the injuries you’ve sustained as a result of your accident.
During our initial consultation, we are available to answer any questions you may have. Here is a selection of some of the most frequently asked questions about drunk driving accidents in Phoenix and their answers.
What Should I Do if a Drunk Driver Hit My Car?
As soon as possible after an accident, call 911 if anyone is injured or trapped in their vehicle. If not, call police and report what happened.
If someone is injured or killed, ask for their names and phone numbers so that emergency services can reach them if necessary. If possible, take pictures of the scene with your smartphone or camera before leaving the scene — this could help police determine who was at fault for the crash.
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What Should I Do if I Am Injured in a Drunk Driving Accident?
In most cases, the best thing to do when involved in a Phoenix drunk driving accident is seek medical attention immediately after being involved in an accident or after being hit by someone who was driving under the influence.
If you don’t seek medical attention right away, it may become harder to prove that your injuries were caused by the accident itself instead of negligence on your part. If you do decide to seek medical attention, it is important to be honest with the doctor about what happened and what your injuries are so that they can properly treat them.
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Can I Sue if I Was Injured in a Drunk Driving Accident?
Yes, you can sue for your injuries in a drunk driving accident. However, you may need to hire a personal injury lawyer to represent your claim.
If you were injured in a drunk driving accident, you may be able to file a claim against the driver and their insurance company. You should get in touch with an attorney as soon as possible so that they can help you build your case.
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Is It Possible to Sue the Driver Who Hit Me for Punitive Damages?
Yes. The law allows you to recover punitive damages in cases where you were injured by another driver’s negligence or recklessness. Punitive damages are meant to punish the at-fault party for their highl egregious behavior and also deter others from behaving the same way.
In order to win punitive damages against a drunk driver in court, you will need to show evidence that the driver was behaving in a grossly reckless manner. It must be clear and convincing evidence that the drunk driver behaved with malice, willful misconduct, or conscious indifference to the consequences.
However, punitive damages being awarded in personal injury cases is often rare. But we can argue that the conscious decision of the inebriated person to get behind the wheel constitutes gross negligence and willful misconduct.
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What Are the Most Common Causes of Drunk Driving Accidents?
The most common cause of Phoenix drunk driving accidents is simply driving while intoxicated. However, there are other causes that can contribute to a drunk driving accident.
For example, if someone is driving at night without headlights on, they could be involved in an accident if they collide with another vehicle. Another example would be if someone was driving while distracted by their cell phone or other electronic device.
Arizona’s dram shop law means that bars, restaurants, and other venues that sell alcohol can also be held liable for DUI accidents if they overserve a customer who then goes out to drive drunk.
What Is the Difference Between DUI and DWI?
DUI stands for driving under the influence. DWI stands for driving while intoxicated. Both crimes are basically the same thing, except that DUI is charged against people who were driving while impaired by alcohol, drugs, or both. DWI is charged against people who were driving while intoxicated by alcohol alone (but not necessarily under the influence).
What Is Meant by “Operating” a Vehicle?
A vehicle “operator” is defined under Arizona Revised Statutes § 28-101(57). The law does not require someone to be driving or in physical control of the vehicle for them to be charged with a DUI.
This means that a drunk driver could be sitting in their car at a stop sign waiting for traffic to clear so that they can turn left and still be arrested for DUI if there was evidence that showed they were impaired while sitting in at that stop sign.
I Was Drunk, but So Was the Driver. Who Is Liable?
Arizona is a comparative negligence state. You may be offered a settlement or be awarded damages in court, but it will be reduced by the percentage of fault you share. For example, if you receive a $50,000 court award for your losses but were found to be 20% at fault for the crash, your compensation would be reduced by 20% to $40,000.
But if you and the other driver were both driving drunk and share liability, you will have much more to worry about. Drinking and driving is a crime, and you and the other driver with both likely be cited for DUI or DWI and face criminal charges.
Your attorney will help determine whether or not you have grounds for filing a claim or lawsuit and will guide you through all stages of litigation until your case is resolved favorably.
Why Hire a Phoenix Drunk Driving Accident Attorney?
If you have been injured in an accident caused by another person’s negligence or carelessness, hiring a Phoenix drunk driving accident lawyer can help protect your rights and interests. You may be entitled to compensation for medical bills, lost income or future earnings if your injuries prevent you from working.
A personal injury lawyer can help make sure that all your expenses related to this case are paid for and that any money awarded will come directly from the person responsible for causing your injuries .
They will also fight for the best possible settlement or verdict. In most cases, you will be expected to pay a portion of your attorney’s fee and any court costs associated with your case. Contact Zanes Law today to schedule your consultation.
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