Things to Know About Drunk Driving Accident Compensation

Approximately 5,000 alcohol-related car accidents occur in Arizona annually, resulting in numerous fatalities and many more injuries. At its core, drunk driving accidents are very similar to any other type of accident, beyond the fact that the damages and injuries involved with them are significantly more severe on average. You’ll still open a claim with the drunk driver’s insurance company, citing many of the same types of auto accident damages as normal, and then going through the same negotiation process to reach a fair settlement; however, drunk driving accidents are unique in that they have several other sources you could receive additional compensation from.

Added Punitive Damages

Beyond compensation given to you for your direct losses, suffering, and injuries, you may also be awarded what’s known as “punitive damages.” Unlike other damages, punitive damages aren’t given to you to specifically compensate you for anything you’ve suffered or lost; instead, they’re handed out as a penalty to particularly negligent parties, such as a reckless driver who violated Arizona’s drunk driving laws, in order to discourage them from ever breaking the law again. Your eligibility for punitive damages will have less to do with the other driver’s exact BAC, and more to do with their actual driving behavior and whether or not they recklessly endangered the lives of others; a driver with a 0.10 BAC who followed the speed limit, for example, might not be assigned punitive damages to pay, whereas a driver with a 0.05 BAC who drove recklessly or engaged in wrong-way driving might be extensively penalized.

Dram Shop Laws

If the driver who hit you was especially drunk or was a minor, you may be able to file a personal injury suit against the establishment or server who gave them alcohol under Arizona’s dram shop laws. These laws allow you to hold establishments accountable for serving individuals who are clearly and unreasonably intoxicated, or for knowingly serving minors alcohol, provided that the act of serving them contributed to your accident. This lets you effectively double up on compensation, since you’ll be able to sue both the intoxicated individual and whoever served them alcohol, thereby worsening their impairment.

The Necessity of an Arizona Accident Attorney

As with any crash, it’s generally strongly advised to speak to an Arizona auto accident attorney before getting too far into the claims process. Drunk driving accidents can be far less cut and dry than many would think, but a savvy lawyer can utilize their legal resources and know-how to find and secure all the evidence you need to prove that the other driver is at fault, all while making the claims process simple and easy to understand. If you’ve been in a drunk driving accident, or simply want to learn more about drunk driving, give us a call at  (623) 877-3600. Unlike many other law firms, your consultation will be with a lawyer directly, rather than any sort of receptionist or “intake” individual, giving you immediate access to a professional who cares.