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Drunk Driving Accidents

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Phoenix Drunk Driving
Accident Attorney

The Devastating Impact of Drunk Driving

Phoenix drunk driving accidents often affect innocent people. In 2021, Arizona had 215 fatalities caused by drunk driving accidents. 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?

If You’re the Victim of Someone’s Criminal DUI, Can You Receive Financial Compensation?

If you or someone you love is injured or killed in a drunk driving 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 car accident cases involving a DUI.

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Who Is Liable for Your Phoenix Drunk Driving Accident Injuries?

If you file a civil claim after a Phoenix drunk driving accident, the intoxicated driver may not be the only liable party. Under Arizona’s dram shop law (A.R.S. § 4-311), bars, restaurants, liquor stores, and other alcohol vendors may be held responsible if they served alcohol to someone who was obviously intoxicated or underage, and that service contributed to the crash and resulting injuries or damages.

In other words, if establishments such as bars, restaurants, and liquor stores continue serving visibly intoxicated individuals who end up causing accidents that lead to injuries (like DUI accidents), those places (or individuals) can be sued for damages because they contributed by supplying excess alcohol.

An experienced Phoenix drunk driving accident lawyer can help you determine who may be part of your lawsuit. Examples include, and may not be limited to:

The bar owner
The restaurant owner
The server
The bartender
The nightclub owner
The manager of the bar, restaurant, or nightclub that continued to serve the driver
Others who continued to serve the driver once they realized that they were over-served

Proving Dram Shop Liability

To hold an establishment accountable under Arizona’s dram shop laws, you’ll need to prove several key elements.

Visible Intoxication or Under 21

You must demonstrate that the patron or guest was noticeably intoxicated. Signs of visible intoxication can include slurred speech, unstable movements, and aggressive behavior.

“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.”

If the person who caused the accident was under the age of 21 and it can be proven that the establishment did not ask for ID or knew that the individual was under 21, the establishment can be held liable even if the person wasn’t visibly intoxicated.

Establishment Served the  Intoxicated Individual

Next, it must be shown that the person who caused the accident drank liquor sold to them by the establishment that is alleged to be at fault.

Causation

Finally, there must be proof demonstrating that intoxication was the proximate cause of the accident or injuries.

What Does Arizona Law Say About DUI?

In addition to civil liability, drinking and driving is against the law. Arizona has five specific laws that address driving while under the influence. However, DUI can also involve other violations of state law. Those charged with a DUI are charged under one of the following DUI laws.

Driving Under the Influence, under Title 28-1381, is used when the driver is even the least bit impaired by drugs or alcohol. Sometimes, additional evidence in addition to a BAC is used when this charge and statute are used.

Extreme DUI, under Title 28-1382, is used if the driver’s BAC is over 0.15. Serious accidents are often caused by drivers with a BAC this high.

Aggravated DUI, under Title 28-1283, includes repeat offenders and those driving on the wrong side of the road, among other actions.

Aggravated Assault with a Motor Vehicle, under Title 13-1204, is used when a Phoenix DUI causes a serious or catastrophic personal injury to passengers, pedestrians, cyclists, or other vehicle occupants.

Vehicle Manslaughter, under Title 13-1103, is used in fatal drunk driving incidents.

Filing a Wrongful Death Claim After a Drunk Driving Accident

The aftermath of a drunk driving accident can be devastating, especially when it results in the loss of life. Filing a wrongful death lawsuit may be an option to pursue justice and compensation for your loved one’s untimely passing.

Under Arizona law, only certain relatives are legally authorized to file a wrongful death claim. Eligible family members include parents, children, including adopted children, and spouses. The specifics will depend on who the survivors are. Additionally, the personal representative of the deceased and a guardian acting on behalf of minor children can also file these claims. To determine if you’re able to file a claim, it’s essential to reach out to an experienced lawyer as soon as possible.

Compensation That Can Be Sought in a Phoenix Wrongful Death Claim

Filing a wrongful death claim serves multiple purposes, including seeking financial redress for expenses you may have taken on from dealing with your loved one’s financial responsibilities. Eligible surviving family members can seek compensation for medical bills related to the deceased’s final injury or illness, along with funeral and burial costs. These immediate out-of-pocket losses often form a critical part of this claim.

Families also have the right to seek compensation regarding lost economic support previously provided by the deceased. In other words, this may include lost wages that the deceased otherwise would have continued to earn to support their family. This is not an exhaustive list, but it is a general overview of the types of compensation that can be recovered.