Can I Sue a Drunk Driver in Arizona?

Drunk drivers in Arizona may face criminal penalties and civil liability if they cause an accident. Victims of intoxicated drivers can pursue compensation through a drunk driver accident lawsuit in Arizona.

People who drink and drive make a conscious decision to get behind the wheel and put themselves and others in danger. They need to be held accountable when their recklessness leads to catastrophic crashes. While the criminal courts may punish the drunk driver, a conviction does not provide monetary relief or help make victims whole again.

With a civil lawsuit, you may be able to obtain compensation for medical expenses, lost wages, pain and suffering, and other losses. You may also be entitled to punitive damages, which can help send a powerful message against drunk driving.

At Burg Simpson’s law office in Phoenix, our personal injury attorneys represent the victims of drunk driving accidents. We can help you explore your legal options. This may include bringing a claim against the drunk driver as well as the establishment that served them alcohol.

For a FREE case review, call Burg Simpson at 602-777-7000 today. Our firm is located in Phoenix, and we can help you file a drunk driver accident lawsuit in Arizona.

What Is the Drunk Driving Law in Arizona?

In Arizona, motorists with a blood alcohol content (BAC) of 0.08 or higher immediately lose their driving privilege. For commercial drivers, the legal limit in Arizona is a BAC of 0.04.

Penalties for a first-time DUI offense in Arizona include:

• A minimum fine of $1,250
• 10+ days in jail
• Mandatory alcohol screening, education, and/or treatment
• Installation of an ignition interlock device
• Court-ordered community service

Subsequent offenses carry additional penalties, including a 12-month revocation of the driver’s license. Drivers charged with extreme DUI or aggravated DUI also face more serious penalties.

A person who drives drunk and causes an accident in which someone is hurt or killed is likely to face felony charges. They may also be held liable for civil damages by the victim(s). A Phoenix car accident attorney can help you take legal action against a drunk driver.

Filing a Drunk Driver Accident Lawsuit in Arizona

People often assume that the courts will take care of everything if a drunk driver is arrested and convicted. In reality, criminal matters are entirely separate from civil cases (such as a personal injury claim). The county or state may bring charges for DUI, but you will need to bring your own separate case in civil court to recover compensation for your losses.

For example, you would likely file a claim with the Maricopa County Superior Court if you were injured by a drunk driver in or around Phoenix. Arizona’s superior courts have jurisdiction in civil matters with damages in excess of $10,000.

Lawsuits need to be filed within the statute of limitations. Arizona Revised Statutes (A.R.S.) § 12-542 sets the time limit for most personal injury claims at 2 years.

It is important to note that it is not always necessary to file a lawsuit against the drunk driver to obtain compensation for the accident. Most claims are settled without ever seeing the inside of a courtroom. However, insurance companies do not always play fair. You need a skilled lawyer who can help you file a lawsuit and represent you at trial if needed.

How Much Can I Sue a Drunk Driver For?

The compensation you are entitled to in a drunk driver accident lawsuit in Arizona depends on the losses you have suffered. Potential damages that may be available in your case include:

• Past and current medical bills
• Future medical care, such as surgeries, rehabilitation, etc.
• Loss of wages
• Diminished or lost earning capacity
• Pain and suffering
• Emotional anguish
• Loss of the enjoyment of life

Families who lose loved ones to drunk drivers may also be entitled to compensation. Damages that may be obtained for wrongful death include funeral and burial expenses, lost income and other financial support, loss of companionship, etc.

Do You Get More Money If You Get Hit by a Drunk Driver?

Possibly, yes. In Arizona, a plaintiff may be awarded additional compensation in the form of punitive damages if they prove that the defendant acted with an “evil mind.” In Rawlings v. Apodaca, the Supreme Court of Arizona held that a defendant may be found to have acted with an “evil mind” if they (1) “intended to injure the plaintiff,” or (2) “consciously pursued a course of conduct knowing that it created a substantial risk of significant harm to others.”

In Olson v. Walker, the Arizona Court of Appeals held that the defendant “disregarded the fact that his ability to drive safely was impaired” and his decision to drive drunk created a “substantial risk of significant harm to others.” Therefore, the Court concluded that this conduct satisfied the “evil mind” standard for punitive damages in Arizona.

Bottom line: You may be awarded more money at trial if you can show that the drunk driver made a conscious decision to engage in behavior that created a substantial risk of significant harm to you. The fact that the driver was intoxicated is not enough for punitive damages; in the Olson case, Walker drank 10 beers in a 1-hour span before driving. Therefore, cases of extreme intoxication and reckless actions behind the wheel are more likely to meet the punitive damages standard.

Contact a Phoenix drunk driving victim lawyer to find out how much your case may be worth.

How Do I Prove a Driver Was Drunk?

In a drunk driver accident lawsuit in Arizona, you will need to show that the driver’s impairment behind the wheel led to the crash. Some signs of drunk driving may seem relatively obvious (difficulty waking, bloodshot eyes, slurred words, etc.), but you will need more than your personal observations to make a compelling case.

Evidence that can help to establish the driver’s intoxication and their responsibility for the accident include:

• Police reports
• Breath, blood, and urine test results
• Testimony from eyewitnesses
• Video footage of the accident
• Drunk driving charges and convictions

A skilled car accident attorney can help you obtain a copy of the crash report from the authorities and collect additional evidence. They can also negotiate with the insurance company. If a fair settlement is not forthcoming, you need a proven litigator who can file a lawsuit on your behalf and prepare for trial.

Can a Bar or Restaurant Be Sued for Drunk Driving?

Bars, restaurants, nightclubs, and other establishments that serve alcohol may face lawsuits if they are negligent in serving patrons. Arizona’s dram shop law (A.R.S. § 4-311) imposes civil liability on an establishment that:

1. Sells liquor to an “obviously intoxicated” person, with their intoxication subsequently causing harm to another
   OR
2. Sells liquor to an underage person who goes on to harm someone as a result of intoxication

If the evidence shows that a bar or restaurant over-served a customer who later drove drunk, you may be able to bring a claim against both the drunk driver and the establishment that served them alcohol. Prompt investigation is essential for proving liability in a dram shop claim.

What to Do If You Were Injured by a Drunk Driver

Before filing a drunk driver accident lawsuit in Arizona, there are a number of steps you need to take to safeguard your rights and ensure that your case has the greatest chance of success. The steps you should take if you are in an accident with a drunk driver include:

1. Call 911. The police will typically respond to an accident where drunk driving is suspected.
2. Inform the police officer that you think the other driver is drunk. Be sure to tell the officer if you saw the driver behaving erratically prior to the accident, as well as your observations at the scene. The police can assess intoxication through field sobriety tests and other means.
3. Document the scene. Take photos of the damaged vehicles, skid marks, and debris in the roadway.
4. Speak to witnesses. Ask bystanders what they saw before the crash and when it occurred. Their observations may support your claim that the at-fault driver was drunk.
5. Get medical treatment for your injuries. Even if you feel alright and the paramedics give you an all-clear, you should still go to the emergency room for a complete evaluation and treatment of your injuries.

Contact a Phoenix Drunk Driving Victim Attorney Today

Insurance companies do not have your best interest at heart. They want to pay as little as possible, even when an accident is caused by something as egregious as drunk driving.

At Burg Simpson, we are frequently able to negotiate favorable settlements without going to trial. However, we are prepared to file a drunk driver accident lawsuit in Arizona and go to court if the insurance company deflects blame or refuses to pay the compensation you deserve.

If you or someone you love has been injured by a drunk driver, call 602-777-7000 today for a FREE consultation. The car accident lawyers at Burg Simpson serve clients in Phoenix and throughout Arizona.