Getting behind the wheel of a motor vehicle while impaired by drugs or alcohol can lead to criminal charges as well as that drunk driver being considered civilly liable for the effects of any crash they cause due to their intoxication. However, while drunk driving is a textbook example of negligent behavior, that does not mean it is always simple to recover civilly after being injured in a drunk-driving car accident in Gilbert.
Fortunately, you have assistance available from seasoned legal professionals with a track record of handling cases like this effectively in the past. No matter what injuries you have sustained or what specific losses you need to recover as a result of them, your dedicated auto accident attorney from Phillips Law Group can provide the custom-tailored guidance you need to obtain the civil restitution you deserve.
Proving Another Driver Was Drunk Behind the Wheel
Since drunk driving is against the law in Arizona, a police officer who responds to a traffic collision caused by a drunk driver can cite that motorist for driving under the influence (DUI) at the scene and include that citation in their accident report. If the report generated for a wreck includes such a citation, it could be used as key evidence for establishing civil fault for the wreck even before criminal proceedings for that charge actually begin, and sometimes even if those proceedings do not ultimately end with a criminal conviction.
However, if the person who caused a car accident in Gilbert by drunk driving is not actually cited or arrested for DUI, it may fall to the person intending to sue over that wreck to prove that the person who caused it was in fact drunk. This can require evidence like accident scene photos, records of beer or liquor purchases, witness testimony, and even debris from the scene like beer bottles on the floor of the defendant’s car — all of which our skilled legal professionals can provide vital help collecting and making effective use of.
What Damages Could Be Recoverable?
Since Arizona is a “fault state” in the context of car accident litigation, there are no artificial restrictions on when someone injured in a wreck caused by someone else’s negligence can file suit against that person rather than only seeking restitution through insurance coverage. Both economic and non-economic forms of harm can be recoverable through such a lawsuit or settlement demand, including:
- Physical pain and suffering
- Lost enjoyment/quality of life
- Emotional and psychological trauma
- Lost work wages and/or future working capacity
- Vehicle repair/replacement costs, plus other personal property damage
- Medical expenses not already covered by insurance, including expected future costs of rehabilitative/therapeutic care
Courts may also impose “punitive damages” against a defendant shown through “clear and convincing evidence” to have acted with an “evil hand and mind” — in other words, to have acted with extremely egregious negligence or intentional malice. While this is not guaranteed to happen with every drunk driving car crash claim in Gilbert, it is more common in these types of situations compared to many other types of auto accident cases.
Get Help From a Gilbert Attorney With a Drunk Driving Car Accident Lawsuit
Drunk driving is an extremely irresponsible behavior that happens far more often than it should and leads to serious accidents and injuries. While the justice system handles criminal proceedings against a drunk driver who struck and injured you, the civil court system may allow you to recover compensation from that drunk driver for every form of harm they have caused and will cause you in the future due to ongoing pain and suffering.
Drunk driving car accidents in Gilbert are much easier to effectively file suit over with support from capable legal counsel. Call Phillips Law Group today to discuss your options during a no-cost and no-obligation consultation with a member of our capable and experienced team.
Our team has been serving the Arizona area for the past three decades and is confident we can offer you the guidance you need. Please don’t hesitate to contact us today to learn more!
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