Phoenix DUI accidents often affect innocent people. Although DUI (driving under the influence) is considered a criminal offense, it’s reasonable to ask what happens to the innocent victims in the Phoenix area? How will they handle the cost of the damage to their vehicle or other property? What about the unexpected medical bills? What if there is a permanent disability or even a death?
Getting through a DUI accident as a victim and even as a family isn’t easy. Hastings & Hastings is here to help. Our experienced Phoenix DUI accident attorneys are here to help you understand your legal rights and options. Schedule your free case evaluation with our Phoenix injury attorneys today.
If you or someone you love is injured or killed in a DUI accident, there are ways to receive financial compensation. Filing a personal injury claim can help you recover compensation for the losses that you incurred as a result of the collision. This can include lost wages, medical bills, reduced earning capacity, pain and suffering, among others. In certain cases, punitive damages may be awarded in DUI car accident cases.
If you choose to file a civil claim because you were victimized by a Phoenix DUI accident, it’s clear that the driver is a named defendant. However, did you know that there may be others who may be liable for your injuries and damages? In many cases, the business or establishment that overserved the drunk driver may be legally responsible, under Arizona’s dram shop liability Law. According to A.R.S. § 4-311:
4-311. Liability for serving intoxicated person or minor; definition
A. A licensee is liable for property damage and personal injuries or is liable to a person who may bring an action for wrongful death pursuant to section 12-612, or both, if a court or jury finds all of the following:
1. The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age without requesting identification containing proof of age or with knowledge that the person was under the legal drinking age.
2. The purchaser consumed the spirituous liquor sold by the licensee.
3. The consumption of spirituous liquor was a proximate cause of the injury, death or property damage.
B. No licensee is chargeable with knowledge of previous acts by which a person becomes intoxicated at other locations unknown to the licensee unless the person was obviously intoxicated. If the licensee operates under a restaurant license, the finder of fact shall not consider any information obtained as a result of a restaurant audit conducted pursuant to section 4-213 unless the court finds the information relevant.
C. For the purposes of subsection A, paragraph 2 of this section, if it is found that an underage person purchased spirituous liquor from a licensee and such underage person incurs or causes injuries or property damage as a result of the consumption of spirituous liquor within a reasonable period of time following the sale of the spirituous liquor, it shall create a rebuttable presumption that the underage person consumed the spirituous liquor sold to such person by the licensee.
D. For the purposes of this section, “obviously intoxicated” means inebriated to such an extent that a person’s physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.
An experienced Phoenix DUI accident lawyer can help you determine who may be part of your lawsuit. Examples include, and may not be limited to:
In addition to civil liability, drinking and driving is against the law. Our state has five specific laws that address driving while under the influence. However, DUI can also involve other violations of the laws of the State. Those charged with a DUI are charged under one of the following DUI laws:
Civil DUI accident claims help is here. The experienced Phoenix DUI lawyers of Hastings & Hastings are here to help victims and their families get the legal representation and compensation that they deserve. Schedule your free case review now.