What to Do If You’re in a Car Accident with a Drunk Driver in Arizona

After a collision with a drunk driver, be sure to report the accident to the authorities, gather as much evidence as possible from the scene, and seek medical help – even if you think your injuries are minor. Be observant and take photos and videos of the scene, especially if the at-fault driver seems to be hiding bottles or other evidence of impairment. You should also consult with a knowledgeable drunk driving accident attorney as soon as possible.

A skilled attorney can investigate the crash, calculate your claim’s worth, and negotiate with the at-fault party’s insurance company on your behalf. If necessary, they can also file a lawsuit and fight for your rights in court.

What Are Common Signs of Drunk Driving?

Common signs that a driver may be drunk include:

• Swerving or weaving between lanes
• Driving unusually slowly
• Stopping erratically or without cause
• Turning illegally or abruptly
• Driving on the wrong side of the road
• Reacting slowly to traffic signals
• Speeding
• Driving without headlights at night
• Tailgating or braking aggressively

If you suspect a driver may be under the influence, keep a safe distance and contact law enforcement immediately. Documenting these behaviors can provide valuable evidence in the event of an accident.

How Can You Recover Compensation for Your Drunk Driving Accident Injuries?

Drunk driving accident victims can seek compensation for their injuries and other losses by filing a claim against the at-fault driver’s liability insurance policy. This process involves calculating the total value of your losses, gathering the necessary evidence to prove the driver’s fault for your injuries, and sending a demand letter to the drunk driver’s insurer.

Unfortunately, the insurance company may decide to refute your claim or offer you far less than you deserve. Dealing with an insurance adjuster can be overwhelming, especially when you are still enduring your accident trauma. Working with a skilled Arizona drunk driving accident attorney can take this burden off your shoulders. Your lawyer can handle all communications with the insurer, protecting you from their manipulative tactics and helping you demand a maximum settlement.

If the insurer refuses to offer you a settlement package that meets your needs, your legal representative can file a lawsuit against the at-fault driver. A skilled trial lawyer is essential if your case moves to court, as the litigation process is full of pitfalls for those who are not thoroughly familiar with Arizona personal injury law.

What Evidence Do You Need for a Drunk Driving Accident Claim?

When building a solid drunk driving accident claim, gathering as much evidence as possible is crucial. This may include photos of the accident scene, vehicle damage, and visible injuries. You should also get contact information from any witnesses who can attest to the driver’s intoxicated state or reckless behavior. Request copies of the police officer report, which should contain the drunk driver’s blood alcohol content (BAC) and other pertinent details. Be sure to also keep records of all medical treatment related to your injuries, as well as receipts for out-of-pocket expenses.

An experienced legal professional can help you by gathering and compiling the necessary evidence to support your claim.

Can You File a Lawsuit Against the Establishment Who Served the Driver Alcohol?

Depending on the circumstances, you may be able to file a lawsuit against the business that served alcohol to the drunk driver under Arizona’s dram shop laws. These laws hold bars, restaurants, and other establishments liable for injuries and losses caused by an intoxicated patron if they continue to serve alcohol to someone who is visibly intoxicated or underage.

To win a dram shop claim, you must prove:

• That the establishment knew or should have known the patron was intoxicated or a minor and still served them alcohol,
• The driver drank the alcohol, and
• That this intoxication directly led to your injuries.

An attorney who is well-versed in Arizona drunk driving laws can determine if you have a viable dram shop claim.

What Damages Might You Be Entitled to After a Drunk Driving Accident?

The victims of drunk driving accidents are often eligible to recover significant compensation, although the type of damages you receive will depend on the circumstances of your case. A skilled drunk driving accident attorney may be able to help you pursue compensation for losses such as:

• Medical expenses, including emergency care, surgeries, follow-up visits, physical therapy, medication, and assistive devices
• Lost income if your injuries or medical appointments force you to miss time at work
• Reduced earning capacity if a long-term or permanent disability requires you to take a lower-paying job
• Physical and emotional pain and suffering
• Loss of enjoyment of life

A court may also award punitive damages in cases involving significant evidence of intentional or willfully egregious conduct by the drunk driver. Examples include a very high blood alcohol content (BAC) level, video evidence of reckless driving, or prior convictions for DUI. A knowledgeable Arizona attorney can review your case and help you understand how much it might be worth.

Is There a Time Limit for Filing a Drunk Driver Accident Claim in Arizona?

Arizona’s statute of limitations for auto accident cases places a two-year deadline on a victim’s ability to file a lawsuit against a drunk driver. If you do not start legal action within two years of the accident date, the court may bar you from recovering the compensation you deserve. Consulting with an Arizona drunk driving accident attorney as soon as possible after the crash can keep you from missing this statutory deadline.

Contact an Arizona Car Accident Lawyer

The experienced legal team at Mushkatel, Gobbato, & Kile, P.L.L.C. understands just how devastating a drunk driving accident can be. Our lawyers have over 50 years of combined experience helping injured individuals recover the compensation they need to move on with their lives. We bring a broad range of talent and insight to every case we handle. Call us today or contact us online for a confidential consultation with a drunk driving accident attorney in Sun City.

Visit Our Arizona Car Accident Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…