Phoenix Drunk Driving Accident Lawyers Helping Victims and Their Families Recover

One drunk driver’s reckless and negligent actions can devastate a family, leaving them reeling and uncertain of the future. However, the proper legal support can help ease your stress and worry during this overwhelming time. Everyone deserves the comprehensive legal representation a skilled DUI accident lawyer can provide in the aftermath of a horrific crash. Desert Star Law Group has extensive experience dealing with car accident claims, including drunk driving accidents. If a drunk driver’s negligence has harmed you or a loved one, call our law firm at 602-686-9936 to schedule your free consultation to discuss your legal rights.

How Can You Prove a Driver Was Impaired by Drugs or Alcohol During the Crash?

You and your personal injury lawyer must be able to show negligence on the part of the other driver to have a successful drunk driving accident lawsuit. Because driving while intoxicated (DWI) or while impaired by alcohol or other substances is illegal in Arizona, anyone who engages in these activities is considered negligent. In most cases, if someone causes an accident and the police are called, the responding officer will question all parties involved and observe them for any signs of impairment. They may also question witnesses who saw the crash happen. Signs that a person may be impaired include:
Slurred speech
Red eyes
Smelling of alcohol
Difficulty standing or walking
Erratic or reckless driving
If law enforcement believes the driver may be intoxicated, they will take them into custody and perform blood or breath tests. If the driver’s blood alcohol level is at or above .08% (or .04% for a driver with a CDL), they will face criminal charges. Your drunk driving accident attorney can use the toxicology reports from these tests as evidence in your civil lawsuit. While a drunk driving conviction can establish liability for the crash, there is also other evidence your legal team can gather to prove negligence if a conviction did not occur.

Who Can Be Held Liable for the Harm Caused by an Intoxicated Driver?

In addition to bringing a civil suit against the driver, victims may also be able to seek damages from the businesses and individuals who over-served the drunk driver prior to the accident. Any business that serves alcohol is subject to Arizona’s dram shop acts, which are state laws that render these businesses civilly liable if they are negligent in selling or serving alcohol. If the establishment over-serves an obviously intoxicated person or serves alcohol to a minor, and that individual then causes harm to another person due to their intoxication, the injured party can bring a civil case against the business. All places that have a license to serve alcohol to patrons are subject to the dram shop acts, including:
Bars, taverns, and pubs
Night clubs
Restaurants that serve alcoholic beverages
Any other locations that host a drinking establishment, such as sports stadiums or concert venues
Liquor stores
Some states also allow you to hold a social host liable. A social host is a private person who serves alcohol to guests, often at house parties or other informal gatherings. Arizona generally does not consider social hosts to be liable for their guests’ consumption unless they knowingly served alcohol to an underage person who then caused an accident. A DUI accident attorney can help you determine who may be at fault in your specific case so you can recover the maximum amount for your injuries.

What Damages Can Drunk Driving Accident Victims Recover?

Victims of drunk driving accidents can face serious physical, emotional, and financial challenges following the collision. A catastrophic injury caused by the wreck can derail your career and make it difficult to perform daily tasks or spend time with your family. You deserve fair compensation for your losses. An experienced drunk driving accident lawyer can negotiate with the at-fault driver’s insurance company to secure a settlement that meets your needs. If the insurer is unwilling to settle, a civil claim may be necessary to recover damages.

Economic Damages

Your drunk driving injury lawyer will carefully examine the financial impact of your crash to determine your economic damages. You can recover compensation for the monetary losses you’ve experienced, such as:
Medical expenses
Lost wages and the loss of future earning capacity
Property damage replacement and repair
Rehabilitation and physical therapy costs

Non-Economic Damages

Of course, a collision with an intoxicated driver causes more than just financial harm. It’s a terrifying event that can leave emotional scars lasting a lifetime. Full compensation for your claim should consider the effects of these non-monetary losses as well:
Pain and suffering
Scarring and disfigurement
Emotional trauma, such as PTSD or phobias

Punitive Damages

Sometimes the court may award punitive damages in a drunk driving accident case. Punitive damages are used to punish defendants who exhibited a reckless disregard for the well-being of others or who caused harm through grossly negligent or intentionally malicious actions. For example, repeat offenders who have dozens of drunk driving convictions on their record or a history of harming people while intoxicated may be more likely to have punitive damages assessed against them.

Wrongful Death Cases

Sadly, the severity of a drunk driving crash can often result in the death of one or more victims. While no monetary compensation can bring back a loved one who has been killed, a wrongful death lawsuit can ensure that surviving family members do not need to worry about a financial catastrophe caused by this senseless tragedy. As part of a wrongful death lawsuit, a family may be able to seek compensation for:
Funeral and burial expenses
Medical bills for the decedent
The loss of future financial support and services
The pain and suffering experienced by their loved one before they passed

How Can Our Law Firm Assist You?

Drinking and driving is a senseless crime that can result in severe, life-long consequences for victims and their families or even fatal injuries. Working with a knowledgeable and compassionate drunk driving accident lawyer can help you regain your peace of mind and recover the money necessary to rebuild your life following a devastating accident. To learn more about your legal options, contact Desert Star Law Group for a free case evaluation: (602) 584-8957.