Anyone who drives with a blood alcohol concentration (BAC) over 0.08 percent or while meaningfully impaired by alcohol or drugs is violating both Arizona criminal law and their civil “duty of care” towards other drivers around them. Accordingly, if that drunk driver causes a traffic accident, they may face both criminal prosecution for driving under the influence (DUI) and civil liability for any injuries they cause another person through their illegal misconduct.
With that all being said, though, successfully filing a civil suit over a drunk driving car accident in Glendale can be much more challenging in practice than you might expect, especially if you have little or no experience with personal injury litigation. In a situation like this, the support of a seasoned auto accident lawyer from Phillips Law Group can be vital to building the strongest possible claim against the person who hurt you and ensuring you get paid fairly for all your crash-related losses.
Are Drunk Drivers Always Civilly Liable for Crashes?
Because it is both against the law and a fundamentally irresponsible act that increases the likelihood of an accident occurring, drunk driving is a textbook example of the kind of “breach of duty” that could serve as grounds for a civil lawsuit if it directly leads to an accident resulting in injury. However, it is not unheard of for people injured in Glendale drunk driving car accidents to also be found partially at fault for the incident based on their own negligent behavior.
Additionally, any criminal proceedings arising from a wreck involving a drunk driver would proceed entirely separately from any civil litigation arising from the same incident, and the outcome of one case would have no direct bearing on the outcome of the other. Put together; this means that people hurt by drunk drivers still have the burden of proving their injuries stemmed directly and primarily from the drunk driver’s actions if they want to recover civil compensation—something a skilled legal professional can provide invaluable assistance with.
Recovering for All Available Damages
“Compensable damages” following a drunk driving car wreck in Glendale can include both short-term and long-term losses that the “plaintiff” filing suit can expect to experience because of their injuries, including:
- Costs of medical care, including things like physical therapy and prescription pain medications
- Lost work income and/or earning capacity
- Personal property damage, including car repair/replacement costs
- Physical pain and suffering
- Psychological trauma and anguish
- Lost enjoyment of life
Notably, Arizona sometimes allows businesses that knowingly overserved a drunk person to be held liable for an ensuing drunk driving wreck under “dram shop” laws. If someone is extremely drunk to a degree that indicates total disregard for the safety of others, a court may additionally impose “punitive damages” against them and award them as extra compensation to an injured plaintiff.
Get Help With a Drunk Driving Car Accident Lawsuit From a Glendale Attorney
Drunk drivers put themselves and everyone around them in harm’s way during every second they spend behind the wheel and on public roads. While the criminal justice system is responsible for punishing people who drive under the influence, the civil court system may allow you to make yourself whole again after a crash caused by a drunk driver by demanding fair financial restitution from them.
Taking proactive legal action over a drunk driving car accident in Glendale will almost always be easier with a knowledgeable car accident lawyer on your side. Call Phillips Law Group today to discuss your options with a member of our team during a free, no-obligation consultation. We have served the local community for over 30 years and are confident we can provide the trusted legal guidance you need.
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