Hit by a Drunk Driver in Phoenix: Your Rights as a Victim

The criminal case and your civil claim are two entirely different proceedings. The State of Arizona prosecutes the DUI through the criminal justice system. Your civil personal injury case is a private lawsuit you file to recover damages for your injuries. The two cases can run at the same time, and the outcome of one does not control the other.

The burden of proof is different in each. The criminal case requires proof 'beyond a reasonable doubt' — the highest legal standard. Your civil case requires only a 'preponderance of the evidence,' meaning it is more likely than not that the drunk driver caused your injuries. This lower standard means you can win your civil case even if the drunk driver is acquitted of the criminal DUI charge.

If the drunk driver is convicted, that conviction is admissible in your civil case and effectively establishes negligence through the negligence per se doctrine. A violation of Arizona's DUI statutes (A.R.S. 28-1381 through 28-1383) is a safety law violation that constitutes automatic breach of duty. You still need to prove causation and damages, but the negligence question is resolved in your favor.

Punitive damages punish the defendant for outrageous conduct and deter similar behavior. Arizona has no statutory cap on punitive damages, unlike many other states. The standard is whether the defendant acted with an 'evil mind' — conduct so outrageous, reckless, or morally reprehensible that it shocks the conscience. Choosing to drive drunk and injuring someone regularly meets this standard in Arizona courts.

While there is no Arizona statutory cap, the U.S. Supreme Court's guidance in State Farm v. Campbell (2003) generally limits punitive damages to a single-digit ratio relative to compensatory damages. Arizona courts have applied a roughly 4:1 ratio as a guideline, though this is not a hard cap and the facts of each case control. A DUI involving extreme BAC, prior DUI convictions, or particularly reckless conduct may support a higher ratio.

Punitive damages are separate from your compensatory damages (medical bills, lost wages, pain and suffering). They are awarded on top of compensatory damages and go directly to you, not to the state. In practice, the availability of punitive damages in DUI cases often increases overall settlement values significantly — defendants and their insurers want to avoid the risk of a jury awarding substantial punitive damages at trial.

Arizona's dram shop law (A.R.S. 4-311) holds licensed establishments liable when they serve alcohol to someone who is 'obviously intoxicated' and that person then causes injury. If the drunk driver was served at a bar, restaurant, or nightclub in Phoenix before the crash, the establishment may be a co-defendant in your civil case. This is particularly relevant in Phoenix, where the Mill Avenue, Old Town Scottsdale, and downtown entertainment districts generate heavy alcohol-related traffic.

To prove a dram shop claim, you must show that the establishment sold alcohol to a customer who was obviously intoxicated, the customer consumed that alcohol, and the consumption was a proximate cause of your injuries. 'Obviously intoxicated' means visible signs — slurred speech, staggering, bloodshot eyes, erratic behavior — not just a high BAC number after the crash. Witness statements from bartenders, servers, other patrons, and surveillance footage from the establishment are critical evidence.

A.R.S. 4-312 limits dram shop liability in specific situations. The establishment is not liable to the intoxicated person themselves (if they are over 21) or to an adult who was present and knew of the patron's intoxication. Social hosts are generally not liable for serving guests of legal drinking age — dram shop liability is primarily aimed at licensed commercial establishments. An important 2023 Arizona Supreme Court ruling (Torres v. JAI Dining Services) confirmed that dram shop claims in Arizona must be brought exclusively under the statute, not under common law.

Call 911 immediately. Tell the dispatcher you believe the other driver is intoxicated. Police will respond, and if they suspect impairment, they will conduct field sobriety tests and likely arrest the driver. The police report and arrest record become powerful evidence in your civil case. Request a copy of the police report from Phoenix Police Department or the agency that responded.

Document everything. Photograph vehicle damage, road conditions, traffic signals, and your injuries. If you smell alcohol on the other driver or notice impaired behavior (slurred speech, unsteady movement, confusion), note it immediately — write it down or record a voice memo on your phone. Get contact information from any witnesses. If the crash occurred near a bar or restaurant, note the name and location of the establishment.

See a doctor within 24 hours — ideally the same day. Tell the doctor the full mechanism of injury (struck by a suspected drunk driver, vehicle impact details). Adrenaline masks pain, and injuries like whiplash, concussions, and internal bleeding often have delayed symptoms. The medical record created at this visit is the foundation of your injury claim. Follow all treatment recommendations and keep every receipt for medical bills, prescriptions, physical therapy, and transportation to appointments.

Arizona follows pure comparative negligence under A.R.S. 12-2505. You can recover damages even if you were partially at fault — your award is reduced by your percentage of fault. There is no threshold that bars recovery entirely (unlike states with a 50% or 51% bar). If you are 20% at fault and your damages are $200,000, you recover $160,000.

In DUI cases, the defendant's intoxication typically weighs heavily against them on fault allocation. Juries are not sympathetic to drunk drivers. However, the defense may still argue that you contributed to the crash — for example, that you were speeding, failed to yield, or were distracted. Strong evidence from the scene (photographs, dashcam, witness statements) protects against inflated fault arguments.

One important exception: A.R.S. 12-711 provides that if the injured person (the plaintiff) was intoxicated and at least 50% responsible for the accident, the jury may find the defendant not liable at all. This applies only when the plaintiff was also impaired — it is a defense, not a sword. If you were sober and the other driver was drunk, this statute does not affect your claim.

A criminal DUI conviction is admissible in your civil case under the negligence per se doctrine. Because the defendant violated a safety statute (Arizona's DUI laws, A.R.S. 28-1381 through 28-1383), negligence is established as a matter of law. You still need to prove that the DUI caused your specific injuries and the extent of your damages, but the core negligence question is resolved.

Even without a conviction, evidence of intoxication strengthens your case. BAC test results, field sobriety test performance, arresting officer testimony, and toxicology reports are all admissible in civil proceedings. The criminal standard ('beyond a reasonable doubt') is higher than the civil standard ('preponderance of the evidence'), so evidence that was insufficient for criminal conviction may still support your civil claim.

If the driver had prior DUI convictions, this history may be admissible to show a pattern of reckless conduct — particularly relevant for punitive damages. A repeat DUI offender who injures someone presents one of the strongest cases for substantial punitive damages because the prior convictions demonstrate that the driver knew the risk and chose to drive drunk anyway.

Arizona's statute of limitations for personal injury is 2 years from the date of injury (A.R.S. 12-542). This applies to your civil claim against the drunk driver and any dram shop claim against the establishment that served them. If the crash caused a death, the wrongful death statute of limitations is also 2 years from the date of death.

For claims against government entities (for example, if the crash involved a government vehicle or occurred due to a road defect), you must file a notice of claim within 180 days of the injury under A.R.S. 12-821.01. Missing this notice deadline can bar your claim entirely, even though the general 2-year statute has not expired. If any government entity may be involved, act fast.

Do not wait until near the deadline to begin your case. Evidence degrades over time — surveillance footage from bars and traffic cameras is overwritten, witnesses forget details, and the criminal case may resolve quickly while your injuries are still being treated. Start building your civil case immediately after the crash, even if the criminal prosecution is still pending.

Were you injured by a drunk driver in Phoenix? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim — including whether punitive damages may apply, whether a dram shop claim is possible, and whether connecting with a Phoenix personal injury attorney makes sense for your situation.

Someone chose to drive drunk and hurt you. Arizona law gives you real tools to hold them accountable — compensatory damages, punitive damages, and dram shop liability against the bar that over-served them. Start with the Injury Claim Check. It is free, confidential, and takes less time than your next follow-up appointment.