Hit by a Drunk Driver in Phoenix?

Drunk driving accidents often occur at high speeds and with no braking. The injuries are frequently catastrophic — traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, and burns. Call 911 right away.

Let paramedics assess and treat you at the scene. Get to a hospital immediately, even if your injuries seem minor. The impact forces in drunk driving crashes — which often involve T-bone collisions, head-on collisions, and high-speed rear-end crashes — create injuries that may not be immediately apparent.

Phoenix's Level I trauma centers include Banner – University Medical Center Phoenix, St. Joseph's Hospital and Medical Center (with the Barrow Neurological Institute), Valleywise Health Medical Center, Banner Desert Medical Center in Mesa, and HonorHealth Scottsdale Osborn.

If you suspect the other driver is intoxicated, tell the responding officers. They will conduct field sobriety tests and may administer a breathalyzer or blood test. A DUI arrest or charge against the other driver is powerful evidence for your civil claim.

Arizona has some of the toughest DUI laws in the country. The legal blood alcohol limit is 0.08% for standard drivers and 0.04% for commercial vehicle drivers. Arizona also has an "extreme DUI" threshold at 0.15% BAC and a "super extreme DUI" threshold at 0.20% BAC — both carrying enhanced criminal penalties.

Make sure a formal police report is created. The crash report documenting the other driver's suspected impairment, BAC level, and any DUI charges is a cornerstone of your injury claim.

Photograph the scene: all vehicles, damage, road conditions, any open containers or alcohol-related evidence you observe, and your injuries. Get witness names and phone numbers. Note the time of the accident — drunk driving crashes in Arizona peak between 2 AM and 3 AM, often coinciding with bar closing times.

Write down everything you remember about the other driver's behavior: slurred speech, smell of alcohol, unsteady movement, bloodshot eyes, erratic driving before the collision. These observations support your claim.

When the other driver was impaired, your civil injury claim becomes significantly stronger. Here's why.

Negligence per se. In Arizona, driving under the influence is a violation of the law. A DUI conviction (or even a DUI charge) constitutes negligence per se — meaning the driver is presumed to have been negligent as a matter of law. You don't have to prove they were careless; breaking the DUI law is itself proof of negligence.

Punitive damages. Unlike standard car accident cases, drunk driving accidents in Arizona may qualify for punitive damages — additional compensation designed to punish the defendant for egregious behavior. Arizona requires proof of an "evil mind" for punitive damages, and a decision to drive while heavily intoxicated can meet that standard. Arizona has no statutory cap on punitive damages.

Criminal restitution. The criminal case against the drunk driver is separate from your civil claim, but a criminal conviction can result in court-ordered restitution — payments to you for your documented losses. This is in addition to whatever you recover through a civil claim or insurance settlement.

Arizona's dram shop statute (A.R.S. § 4-311) allows you to hold a bar, restaurant, or liquor-licensed establishment liable if they served alcohol to a person who was obviously intoxicated or to a minor, and that person then caused your injuries.

This matters because drunk drivers often have limited insurance. But the bar or restaurant that over-served them may carry significant commercial liability insurance. A dram shop claim can provide a major additional source of compensation.

Arizona also recognizes social host liability in some circumstances — a private host who serves alcohol to a person they know is intoxicated or to a minor may also be held liable.

An attorney can investigate where the drunk driver was drinking before the accident and whether the establishment or host may be liable.

Insurance companies know that drunk driving cases carry higher liability exposure — and they may try to settle quickly, before you understand the full extent of your injuries or realize you have a punitive damages claim or a dram shop claim.

Do not accept any settlement without first speaking to an attorney. Drunk driving accident injuries are often severe and require long-term treatment. A quick settlement will almost certainly undervalue your claim.

Under A.R.S. § 12-542, you have two years from the date of the accident to file a personal injury lawsuit in Arizona. For wrongful death, the two-year clock runs from the date of death.

Government entity exception: If the drunk driver was a government employee on duty, or if dangerous road conditions contributed to the crash, file a Notice of Claim within 180 days (A.R.S. § 12-821.01).

Given the complexity of drunk driving cases — particularly when dram shop liability is involved — starting the legal process early is essential.

Drunk driving accident cases offer unique legal advantages for the victim: negligence per se, punitive damages, dram shop liability, and criminal restitution. But you need an attorney who knows how to pursue all of these avenues.

An experienced DUI accident attorney can investigate the drunk driver's alcohol consumption history on the night of the accident, identify liable bars and restaurants under Arizona's dram shop law, pursue punitive damages for egregious conduct, coordinate with the criminal case to strengthen your civil claim, and negotiate aggressively with insurance companies.

Most personal injury attorneys offer free consultations and work on contingency.