Phoenix Drunk Driving Accident Lawyer

An accident that was caused by drunk driving is a devastating event that could have been avoided. There are many repercussions that follow and can last anywhere from weeks to years afterward. As a victim of the accident, you may be entitled to compensation that covers your medical expenses, property damage, pain and suffering, lost wages and any other expenses that resulted from the crash. With such a traumatic experience, the last thing that you want to deal with is the legal side of things. When faced with these situations, you need a Phoenix drunk driving accident lawyer who will fight on your behalf.

In the state of Arizona, it’s not only the drunk driver who can be liable, but also the third party that sold the alcohol. A bar liability for drunk driving law was created that prohibits any bar or restaurant from serving an intoxicated individual. This establishment may be liable, and you may be eligible for compensation for your damages. We’ll assign you an experienced DUI accident lawyer who will help you get the compensation that you are entitled to.

In 1983, Arizona passed a bar liability for drunk driving law that held any establishment that served alcohol responsible for limiting the drinks of an obviously intoxicated individual. An obviously intoxicated individual is a person who is uncoordinated, has slurred speech or exudes any other noticeable intoxicated behaviors. The idea was that the restaurant or bar will have the best judgment of whether an individual is too impaired to purchase another drink. Our DUI accident attorney will do a full investigation to see whether we can get you compensation from the establishment that sold the alcohol. We will take a look at security footage and talk to witnesses and determine if the establishment was responsible.

With so many case details and narratives of what might have happened to navigate, providing evidence can help keep everyone grounded. It introduces certain facts into a case that cannot be disputed. Evidence can help everyone understand how the accident happened and how severe everyone’s injuries were. It can also help point to liability.

Some of the most popular and useful pieces of evidence used in these cases include:

Breathalyzer Test Results

A breathalyzer is used to measure someone’s blood alcohol concentration (BAC) level. It is illegal to drive under the influence of enough drugs or alcohol to reach a level of 0.08% or higher. If someone’s test results read at this level or higher, law enforcement has the authority to make an arrest and charge the individual with a DUI.

For a plaintiff, the results of this test are extremely important to prove that the individual who allegedly caused the accident was driving under the influence. The defense team may try to suggest that these results are inaccurate or that the breathalyzer device had not been properly calibrated. A strong personal injury attorney can anticipate common defense tactics such as these and will be prepared to refute them in negotiations or trials.

Police Reports

When law enforcement is called to the scene of a car accident, they are required to produce an official police report. This report contains a comprehensive account of every event that happened surrounding an arrest, including what the officers observed the entire time and their actions.

The report can also contain details about how each driver was behaving during this process, what the scene of the accident looked like, and the results of any field sobriety tests. If anyone broke their right to remain silent and made an admission about their alcohol consumption, this detail will also be included in the report, which can serve as one of the strongest pieces of evidence a plaintiff can bring to trial.

Dashcam or Bodycam Footage

In this day and age, many vehicles are equipped with dashcams. Police officers are also required to wear body cameras in many jurisdictions. This footage captures real-time accounts of everything that happened at the scene. It creates an experience for the judge and jury as if they were actually at the car accident.

This footage can help support any claims about how a driver was behaving, interactions with law enforcement, and if field sobriety tests were administered correctly. This can also provide visual evidence of the alleged drunk driver’s impairment and the condition of everyone’s vehicles at the scene.

Blood Test Results

If a blood test was also conducted, the results from this would provide a more precise measurement of a driver’s BAC levels than a breathalyzer. Blood tests also can reveal if the driver was intoxicated by drugs, alcohol, or a combination of several different substances.

These tests are often considered to be more reliable, as there are fewer factors that can influence the final results. Using blood tests to combat the defense’s attempt to say the breathalyzer results were not accurate can be an effective strategy.

Witness Statements

The testimonies from anyone who was able to watch the accident unfold can be valuable pieces of evidence. This is especially true when the witness has no stake in the final outcome of the case, such as a random pedestrian who was passing by or the driver of another vehicle who was passing by but was not involved in the accident. These unbiased claims can help support a plaintiff’s claims that the other party was driving impaired and add extra context to the accident.

Medical Records

When it comes to calculating the extent of damages a drunk driving accident caused, an individual’s medical records can be of service. This will provide insight into the extent of everyone’s injuries, as well as if anyone was driving while under the influence. A personal injury attorney may also use these records to link their client’s injuries to the actions of the other driver involved. These records can also help ensure enough compensation is awarded.

Alcohol Containers

If any alcohol containers were found during the time of the accident, whether opened or closed, this can be used as evidence in a drunk driving case. Their presence alone can help to support the claim that a driver had been drinking before an accident.

This can help to combat a defense attorney’s claim that perhaps the field sobriety tests were not effective enough to claim their client was drunk. If they failed the test and had open bottles next to them, this is a hard combination of evidence to combat against.

Expert Testimony

An expert witness is different from a traditional eyewitness as these individuals draw from professional experience rather than sharing an observation of what happened. Some common professionals used in drunk driving cases include forensic toxicologists and accident reconstruction specialists.

For example, a forensic toxicologist can speak to the science behind someone’s impairment, while an accident reconstructionist can demonstrate how an accident happened and what caused specific impacts. This can help to quantify the impact of an alleged drunk driver’s actions and the injuries that all other parties sustained.

While this is a fairly comprehensive list, it still does not cover all of the evidence possibilities. To ensure you have collected all evidence available in your case and that it will be legally permissible in court, hire a personal injury attorney. These legal professionals know where to look for compelling evidence that will help win their client’s case and maximize the amount of compensation they earn.

Personal injury cases related to drunk driving are handled through many different steps. All of these steps are designed to ensure that both parties have a fair chance to share what they believe happened and what the outcome of the case should look like.

The following are common steps to expect in this process:

Initial Investigation and Evidence Collection

After a drunk driving accident, police officers will immediately begin investigating the scene of the incident after they make sure everyone is okay and has the medical services they need. They will spend time talking to witnesses, taking photographs of what they see, and generating a report with their observations. They will also administer a field sobriety or breathalyzer test to anyone they suspect has been driving under the influence.

It’s important to remember that evidence can degrade over time. You want to make sure, for example, that surveillance footage doesn’t automatically delete after a certain date. This could significantly reduce the impact of your arguments in court if you lose one vital piece of evidence. Keep your documents, like medical records, organized and safe. Make extra copies to be safe in the event any become lost or damaged.

Determining Liability

Arizona operates under the comparative negligence rule. This means that more than one party could be found liable for causing a car accident. While in drunk driving cases, the impaired driver does receive the most attention for causing the accident, liability could be shared if there were multiple impaired drivers or if the other driver violated a traffic law that ultimately caused the accident.

Both the plaintiff and defendant’s insurance companies will play a role in determining who is liable in the case. Each company will review all of the evidence available to consider and make a determination on who they believe is at fault and what damages should be covered.

Medical Evaluation and Proving Damages

It’s important for any injured party to seek medical attention as soon as they can after a drunk driving accident. Even if your condition seems minor, it’s recommended you still see a healthcare professional to be safe. Visiting a hospital will also automatically create a medical record, which can prove to be useful when proving liability or calculating the extent of the damages you have suffered.

Arizona allows a plaintiff to try and collect both economic and non-economic damages in their case. Common economic damages include the total cost of medical services, any wages they lost from missing work, or if they had to spend extra money on rehabilitation therapies. On the non-economic side, a plaintiff can try to receive compensation for pain and suffering, distress, or if they have any evidence to suggest they are experiencing a loss of enjoyment of life.

Legal Proceedings

Once all of the evidence has been gathered and damages calculated, the injured party will typically file a claim with the other party’s insurance company. In this claim, the plaintiff will outline their damages and how much compensation they believe is appropriate. The case will then move to settlement negotiations. During this time, the injured party’s attorney will try to secure a settlement that covers their client’s economic and non-economic damages.

If an agreement does not come to fruition, the case will need to proceed to litigation. This will give both the plaintiff and defendant an opportunity to present their narrative of what happened to the court, along with any evidence they have collected to support their accusations. While this can be a long and complicated process, the final outcome could make the investment worth it. The final verdict is decided by a judge and jury and can be appealed if either party wants to.

Given how tedious and complicated this process can be, it’s highly recommended to hire a personal injury attorney as soon as you can. They will be able to sit down right away to collect all of the information you have and provide guidance on how you should proceed.

They will also help you legally collect evidence and use effective negotiation tactics with the insurance companies. Securing this representation can fill in your legal knowledge gaps and provide peace of mind, knowing that someone is working on your case who has done this many times before.

Q: What Is the Deadliest Drunk Driving Accident?

A: The deadliest drunk driving accident in history was on May 14, 1988, in Carrollton, Kentucky, where 27 people in a bus were killed by a drunk driver. Unfortunately, accidents like these happen when someone gets behind the wheel impaired and is unable to operate their vehicle as well as they can when sober. Driving drunk slows down response times and makes it more challenging to respond to hazards on the road or someone else’s unpredictable behavior.

Q: What Time Do the Most Drunk Driving Related Accidents Happen?

A: According to the U.S. Department of Transportation, most fatal crashes related to drunk driving happen between midnight and 3 in the morning. While drunk driving accidents happen around the clock, this time frame is not surprising as the hours coincide with the closing times of bars and nightclubs. Nighttime also comes with lower visibility, which makes it even harder for someone who is driving impaired to see where they are going and avoid hazards on the road.

Q: Can Victims of Drunk Driving Accidents Seek Compensation in Phoenix, AZ?

A: Yes, victims of drunk driving accidents in Phoenix have the right to seek compensation for any injuries or losses they experienced from a drunk driving accident. This can be achieved through a personal injury claim. A personal injury attorney is the correct legal representation to hire to file this claim and ensure their client takes every step possible to maximize their compensation award. They can also help them avoid common pitfalls that delay the case.

Q: What Are Dram Shop Laws?

A: Dram shop laws are specific regulations that hold any bar or club that serves alcohol accountable if they serve alcohol to anyone who appears intoxicated. It also holds these establishments accountable if they serve alcohol to a minor who then drives drunk and causes harm to someone else. These laws have been designed and enforced to make alcohol-serving establishments take their job seriously and help law enforcement keep drunk drivers off the road.

When faced with such a life-changing event, it’s important that you select the right drunk driving accident attorney who has a proven track record. Although results are not guaranteed, we strive to provide the best results for our clients and have received over 40 million dollars worth of compensation for roadway collisions, so you can be confident that we will get the maximum amount of payment possible. When you go with us, you won’t pay us a penny unless we win your case. We don’t make any money unless you do as well. Have our DUI accident attorney fight your legal battle.

We know that after a drunk driving incident there are physical, emotional and financial problems that are tough to deal with. It’s our responsibility to do everything we can to get you the maximum amount of compensation possible. When you’re assigned a DUI accident attorney, they will conduct a very thorough investigation. Our drunk driving injury lawyer will analyze the actions taken by the drunk driver, talk to witnesses and watch any security footage available. We treat each case as if it were our own family involved. We have dedicated our careers to help you get the compensation you deserve, so contact us to speak with a drunk driving injury lawyer.

With so many attorneys out there, how do you know who to choose? Here at Luis P. Guerra, LLC, we offer a free consultation, so that you can see why we are the best firm to go with. Meet with an experienced drunk driving accident lawyer to see how we can help you win your case. We’ll walk you through the next steps to take, so that you can feel more comfortable and secure about your future. Give us a call at 602-381-8400 or contact us online to meet with an experienced drunk driving accident attorney today.