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Hit by a Drunk Driver in Arizona: Your Legal Rights as a Victim
Getting hit by a drunk driver turns your life upside down in an instant. You may be dealing with serious injuries, missed work, mounting medical bills, and a lot of unanswered questions. One of the biggest questions victims ask is: what are my legal rights?
The short answer is that Arizona law is on your side. You have the right to pursue compensation for everything a drunk driver put you through, and the law gives you real tools to do it. This guide breaks down what you need to know, from how fault works in Arizona to how long you have to take action.
If you have been hurt in a DUI accident and want to talk through your options, schedule a free consultation with Wood Injury Law today. Attorney Josh Wood is a former insurance defense lawyer who now fights for victims like you.
Why Drunk Driving Cases Are Different From Other Car Accident Claims
Most car accident cases come down to proving the other driver was negligent. A drunk driving case can go further than that. When a driver chooses to get behind the wheel while impaired, their conduct is not just careless. It crosses into something much more reckless.
That distinction matters for your case in a few important ways:
- Criminal charges and your civil case run separately. The state of Arizona may prosecute the drunk driver criminally. But your personal injury claim is a completely separate legal process. You do not have to wait for a criminal conviction to pursue compensation.
- A guilty plea or conviction can strengthen your civil case. If the driver is convicted of DUI, that record can be powerful evidence in your civil lawsuit.
- Punitive damages may be available. In cases involving especially reckless conduct, Arizona courts can award punitive damages on top of your regular compensation. Speak with an attorney about whether this applies to your specific situation.
The bottom line is that being hit by a drunk driver gives you a strong foundation for a legal claim. The challenge is knowing how to build it.
How Arizona’s Comparative Fault Law Affects Your Case
Arizona follows what is called pure comparative negligence under A.R.S. 12-2505. This means your compensation is reduced by whatever percentage of fault you share for the accident.
Here is the good news for drunk driving victims: if a driver was impaired, the fault usually falls overwhelmingly on them. But insurance companies will still try to find ways to assign some blame to you. They might argue you were speeding, did not have your lights on, or were not paying attention. Do not assume your case is straightforward just because the other driver was drunk.
The pure comparative fault system means you can still recover damages even if you are found partially at fault. If you were found 10 percent at fault and your total damages are $100,000, you would recover $90,000. Even in cases where fault is disputed, you may still have a strong claim.
This is exactly why having an experienced attorney matters. Insurance adjusters know how to use comparative fault to shrink your settlement. Josh Wood spent years on the other side of these cases. He knows the tactics they use, and he knows how to counter them.
What Compensation Can You Recover After a DUI Accident in Arizona?
Victims of drunk driving accidents in Arizona can pursue compensation for a wide range of losses. These generally fall into two categories:
Economic Damages
These are the out-of-pocket losses you can calculate with bills and records:
- Medical expenses, including emergency care, surgeries, rehabilitation, and future treatment
- Lost wages from time missed at work
- Loss of future earning capacity if your injuries affect your ability to work long term
- Property damage to your vehicle
- Other accident-related expenses
Non-Economic Damages
These are harder to put a number on but just as real:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or permanent disability
If your injuries involved a traumatic brain injury or other serious harm, the value of your case can be significant. Do not let an insurance company convince you to settle quickly before you know the full extent of your injuries.
Ready to find out what your case may be worth? Contact Wood Injury Law for a free, no-obligation consultation.
How Long Do You Have to File a Claim in Arizona?
Time is one of the most important factors in any personal injury case. Under A.R.S. 12-542, you generally have two years from the date of the accident to file a personal injury lawsuit in Arizona.
There are some important exceptions to know:
- Minors: If the victim was under 18 at the time of the accident, the two-year clock does not start until they turn 18 under A.R.S. 12-502.
- Government vehicles: If the drunk driver was operating a government vehicle or was a government employee on duty, you must file a Notice of Claim within 180 days of the accident. Miss that deadline and you may lose your right to sue. If a government entity is involved in your case, contact an attorney immediately.
- Wrongful death: If a loved one was killed by a drunk driver, the two-year clock starts from the date of death, not the date of the initial crash or injury. More information is available on our wrongful death page.
Two years may feel like a long time, but the truth is that the sooner you act, the better. Evidence fades. Witnesses forget details. Police reports and surveillance footage can be harder to obtain as time passes. Starting early gives your attorney the best chance to build a strong case.
What If the Drunk Driver Has Minimum Insurance or No Insurance?
Arizona requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury. The reality is that many drunk drivers carry only the minimum, and in some cases they have no insurance at all.
If the at-fault driver is underinsured or uninsured, you may still have options. Your own auto insurance policy may include uninsured or underinsured motorist coverage that can help fill the gap. Whether or not you have that coverage, and how much it provides, depends on your specific policy. Speak with an attorney about your situation to understand all potential sources of recovery.
In some drunk driving cases, there may be additional parties who share liability. For example, if the driver was overserved at a bar before the crash, speak with an attorney about whether other avenues for compensation may be available under Arizona law.
What to Do After Being Hit by a Drunk Driver in Arizona
The steps you take in the hours and days after the accident can have a real impact on your case. Here is what we recommend:
- Call 911. Make sure law enforcement responds to the scene. A police report documenting the driver’s impairment is critical evidence.
- Get medical attention immediately. Even if you feel okay, some injuries do not show symptoms right away. A medical record connecting your injuries to the crash is essential.
- Document everything. Take photos of the vehicles, the scene, your injuries, and anything else relevant. Get contact information from witnesses.
- Do not talk to the other driver’s insurance company. They may call quickly trying to get a recorded statement. Politely decline until you have spoken with an attorney.
- Contact a personal injury attorney as soon as possible. The earlier your attorney gets involved, the better protected your rights are.
Whether you are in Mesa, Phoenix, Gilbert, Chandler, or anywhere else in Arizona, the steps are the same. Reach out to Wood Injury Law today and get the guidance you need.
Why Choose Wood Injury Law After a Drunk Driving Accident
Josh Wood built his career learning how insurance companies think. Before representing accident victims, he worked as an insurance defense attorney. That means he has sat on the other side of the table, and he knows every strategy insurers use to minimize payouts.
Now he uses that knowledge to protect people hurt by drunk drivers across Mesa, Phoenix, Gilbert, Chandler, Tempe, and throughout Arizona. Wood Injury Law handles DUI accident cases on a contingency fee basis, which means you pay nothing unless they win your case.
You should be focused on healing. Let Josh handle the legal fight.
Frequently Asked Questions: Hit by a Drunk Driver in Arizona
Can I sue a drunk driver in Arizona even if they were not convicted of DUI?
Yes. Your civil personal injury claim is completely separate from any criminal case. The standard of proof in a civil case is lower than in a criminal case. Even if the driver avoids a criminal conviction, you can still win compensation through a civil lawsuit. Evidence of impairment, such as a police report, witness statements, or blood alcohol results, can all support your civil claim.
How long do I have to file a lawsuit after a drunk driving accident in Arizona?
Under A.R.S. 12-542, you generally have two years from the date of the accident to file a personal injury lawsuit. If a government vehicle or employee was involved, you may have as little as 180 days to file a Notice of Claim. Do not wait to speak with an attorney about your deadline.
What if I was partly at fault for the accident even though the other driver was drunk?
Arizona’s pure comparative negligence law allows you to recover compensation even if you shared some fault. Your damages will be reduced by your percentage of fault. For example, if you were found 15 percent at fault and your damages total $80,000, you could recover $68,000. An attorney can help push back against attempts by the insurance company to inflate your share of the blame.
What if the drunk driver had no insurance or minimum coverage?
This is a common challenge in DUI accident cases. You may be able to use your own uninsured or underinsured motorist coverage. There may also be other parties who bear some liability depending on the circumstances. Speak with an attorney about all possible sources of compensation in your specific case.
Does it cost anything to talk to a lawyer at Wood Injury Law?
No. Wood Injury Law offers free consultations, and they work on a contingency fee basis. You pay nothing unless they recover compensation for you. There is no financial risk in calling to learn about your options.
Talk to Josh Wood Today, For Free
Being hit by a drunk driver is not just a legal problem. It is a life-changing event that deserves serious attention. You should not have to navigate the insurance system alone while you are trying to recover.
Josh Wood knows how the other side operates because he used to be the other side. Now he is 100 percent focused on helping accident victims in Mesa, Phoenix, Gilbert, Chandler, Tempe, and across Arizona get the full compensation they deserve.
The consultation is free. The advice is real. And you pay nothing unless Wood Injury Law wins your case.
Click here to schedule your free consultation with Wood Injury Law today.
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