Over the past few decades, every state has taken a strict stance on drunk driving, and Arizona is no exception. Despite these efforts, some people still choose to drive while dangerously impaired, putting themselves and others at risk of serious, potentially life-threatening injuries in preventable accidents.
Drunk driving car accidents in Tolleson are particularly frustrating causes of personal injuries and are often more complicated to file suit over than expected. Fortunately, the experienced auto accident attorneys at Phillips Law Group are here to help, and are ready to take your case to trial if necessary to ensure you receive the compensation you deserve.
Proving Someone Else Was Drunk Behind the Wheel
Driving while impaired by alcohol, illegal drugs, or certain medications is illegal in Arizona and constitutes a violation of the duty of care all drivers must follow. This means if a drunk driver causes an accident in Tolleson, they can generally be held legally liable for their breach of duty—provided their impairment was the direct cause of the collision.
However, proving this can be challenging, especially if the injured party bears some responsibility for the accident. For example, if a person changed lanes without signaling just before being rear-ended by a drunk driver, a court may assign a percentage of comparative fault to the injured person. This could reduce their final compensation by that percentage. Having skilled legal representation is crucial to minimizing or avoiding such reductions and ensuring a fair outcome.
What If a Drunk Driver Is Not Arrested for DUI?
An arrest and conviction for driving under the influence (DUI) in connection with a Tolleson car accident can serve as strong evidence for establishing civil liability for injuries resulting from the crash. However, it is important to note that you do not have to wait for criminal proceedings to conclude before pursuing a civil claim. Criminal and civil cases are handled separately, with distinct rules and procedures.
In fact, it is not uncommon for someone to be held civilly liable for a crash, even if their DUI charges are dropped or dismissed. This is because the burden of proof in civil cases—a preponderance of the evidence—is much lower than the beyond a reasonable doubt standard used in criminal cases.
Get Help From a Tolleson Attorney With a Drunk Driving Car Accident Lawsuit
Drunk driving is always dangerous and should never be taken as anything but a serious and very reckless error in judgment. If someone nevertheless acted irresponsibly in this way around you and caused you to get seriously hurt as a result, they should be the one who pays financially for the losses your injuries have caused and will cause you.
If you want to give yourself the best chance possible of getting a good result from a claim based on a drunk driving car accident in Tolleson, you should make seeking help from a dependable car accident lawyer one of your top priorities. Call Phillips Law Group to learn from a member of our team what we could do to assist you. Your initial consultation is free and you are under no obligation to work with us after this visit.
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