Drunk driving is a public health hazard, and Arizona has fought for years to lower the number of accidents. In addition to criminally prosecuting people for getting behind the wheel while drunk, the state uses sobriety checkpoints and public service announcements to reduce drunk driving.

Unfortunately, thousands of people are arrested each year, and thousands more get hurt in drunk driving accidents around the state. We aren’t optimistic that the numbers will go down any time soon. With more people using marijuana and other recreational drugs, the number of impaired incidents is only increasing. Please call CLS Law, PLLC, today to discuss an accident involving a drunk driver. We can make a claim for financial compensation for your injuries.

Why Drunk Driving is So Dangerous

Alcohol has well-known negative effects on the ability to drive safely. Even one drink can:

  • Delay reflexes. A drunk driver won’t be able to hit the brakes fast enough if a person steps into the road or a car pulls in front of them.
  • Impaired thinking. A buzzed driver will likely exhibit poor judgment while driving and could pass illegally, run a red light, or refuse to yield.
  • Blurred vision. Alcohol can also distort vision, especially at night, so a driver cannot see everything they need to. As a result, they might crash into someone a sober driver would see quite easily.
  • Increased fatigue. Too much alcohol can also make a motorist tired, especially late at night. A motorist who falls asleep can easily jump the median and crash head-on with traffic.

Drugs are also dangerous. They have many of the same side effects but can also lead to hallucinations, paranoia, or rage. Even marijuana can impair a driver.

Your Right to Compensation

Drunk driving is a crime in Arizona. But accident victims don’t have to wait for the criminal process to play out. Instead, they can file a personal injury lawsuit against the drunk driver for monetary damages.

Some common accidents include:

  • Head on collisions
  • Sideswipes
  • Intersection accidents
  • Rollovers
  • T-bones
  • High-speed collisions

You can submit a claim against the driver’s insurance or even sue them personally in court. A person who drives drunk is usually liable for an accident.

Call our firm. We will need evidence to prove the other driver was dangerous. If he or she was stopped by police, then we can use any toxicology results, like a breathalyzer or blood test results. These will show the driver’s blood alcohol concentration and a high number is solid evidence the driver is impaired. Other evidence includes witnesses who saw the defendant leave a bar after drinking too much or stumbling to their car.

How Much Can You Receive for an Accident?

We seek full economic and non-economic damages, as well as possible punitive damages:

  • Economic damages: You should receive compensation for your medical care, lost income, car damage, car rental, and other financial loss flowing from the accident.
  • Noneconomic damages: We request compensation for bodily pain, embarrassment, disfigurement, mental anguish, and similar losses.
  • Punitive damages: We can request these to punish the defendant who acted with an evil mind. DUI accidents are a classic situation where we can request punitive, which can significantly increase the money you take home.

Arizona Revised Statutes § 12-2505 is the state’s comparative negligence law, which might come into play. If you were partially negligent, then your compensation is reduced in proportion to your share of fault. If you were 50% to blame, then you will only get half of your damages, at most.

Who Else Can You Sue for an Accident?

Drunk driving cases present unique opportunities to victims. You can always sue the drunk driver for the wreck. But you might add more defendants, which can increase the compensation available for your case. One of the main limitations is maxing out the driver’s liability coverage, which might only be $25,000. If we add more defendants, we can make more insurance policies available.

Under the state’s “dram shop” law, we can sue a business with an alcohol license that serves an obviously drunk person or a minor. Typical defendants include any bar, tavern, or restaurant with a license from the state. They might overserve a person who is obviously drunk—slurred speech, red eyes, stumbling, and so on. If so, then you might sue them if this person gets into a car and strikes you.

Social host liability can also come into play. A social host is anyone who serves alcohol to someone underage on their premises. We can sue the adult in this situation for illegally providing liquor if the underage driver hits you.

What to Do After a Drunk Driving Crash

In some ways, these accidents aren’t different from any other motor vehicle collision. We recommend the following:

1.       Note details about the car if the driver flees. Some drunk drivers will leave the scene of an accident before the police arrive out of fear of being arrested. Note anything that stands out, such as the make or model, as well as the color.

2.       Call the police and report the crash. An officer should visit the scene.

3.       Get medical attention for anyone who is hurt. Some passengers in the car could need an ambulance. You might need an ambulance! Remember to make everyone’s health a priority.

4.       Note anything unusual about the driver. Is he jittery or does his breath reek of alcohol? Remember to note these facts.

5.       Tell the police you think the driver is drunk. The officers might notice this fact by themselves, but you can tell them your suspicions. They can follow up with a field sobriety test or even a breath test.

6.       Get insurance information, if you can. A drunk driver might be uncooperative or even pass out at the scene but try to get personal details to help bring a claim.

7.       Visit the emergency room once you are finished. You should begin treatment immediately so you can improve.

8.       Open a claim with the other driver’s insurance company. However, refuse to give any type of recorded statement about the accident until you’ve secured the help of an attorney.

9.       Stop posting on social media and set all profiles to private. That will help you avoid saying something you regret about the crash.

10.   Call CLS Law as soon as possible. We offer free consultations to those who are injured and are eager to help.

Providing Real Value to Clients

Drunk driving cases present challenges to accident victims. Our legal team can increase the compensation you receive by doing the following:

  • Securing key pieces of evidence, including breath test results, witness statements, and physical evidence.
  • Reviewing the facts to identify who you can sue. We will check whether you have a valid dram shop claim against a bar or against a social host.
  • Calculate the full value of your injuries, including bodily injuries and possible punitive damages.
  • Opening negotiations by requesting a fair settlement and engaging in multiple rounds of negotiation.
  • Filing a lawsuit in court before the deadline, which is two years from the day of your accident.

Speak with a Scottsdale DUI Accident Lawyer One on One

Christopher L. Sullivan, our founder, believes that accident victims in Scottsdale deserve quality legal representation at an affordable price. He’s welcomed accident victims into his office that other firms had turned away. If you’ve been hurt in an accident, call us today at (855) 257-9467. We can walk you through the insurance claims process and talk about your odds of winning a settlement for compensation.