An individual's reckless decision to drive under the influence of alcohol or drugs can shatter lives in an instant, causing serious injuries, emotional distress, and significant financial hardship.
Victims of drunk driving accidents often face a difficult recovery while grappling with the knowledge that the crash was entirely preventable.
If you or a loved one has suffered an injury by an impaired driver in Phoenix, you have rights, and you deserve justice. At Gallagher & Kennedy, our dedicated Phoenix drunk driving accident lawyers understand the anger and pain you're feeling.
We are committed to holding intoxicated drivers fully accountable for their actions and aggressively pursuing the compensation you need to heal and rebuild your life.
Phoenix drunk driving accident guide
Why Choose Gallagher & Kennedy for Your Drunk Driving Accident Claim?
When you've suffered an injury by the negligent actions of a drunk driver, you need a law firm that is not only skilled in personal injury law but also experienced in the specific nuances of DUI accident cases.
Gallagher & Kennedy has a strong track record of successfully representing victims of drunk driving crashes in Phoenix. We understand the profound impact these accidents have and are passionate about fighting for the rights of the injured.
Our team knows how to leverage the evidence of the driver's impairment to build a compelling case for maximum compensation.
Our approach combines compassionate support for our clients with determined advocacy against the responsible parties. We know you're dealing with physical pain, emotional trauma, and financial stress.
We provide clear communication, listen attentively to your concerns, and guide you through every step of the legal process. At the same time, we pursue justice relentlessly.
We thoroughly investigate the circumstances of the crash, gather all necessary evidence (including police reports, toxicology results, and witness testimony), and meticulously document the full extent of your injuries and losses. We are adept at dealing with insurance companies and won't let them downplay the severity of the situation or the driver's recklessness.
Located conveniently in Phoenix, Gallagher & Kennedy is proud to serve our local community. We understand the specific challenges of handling DUI accident claims within the Arizona legal system. Our familiarity with local courts, law enforcement procedures, and insurance practices gives our clients an advantage.
While we always aim to achieve a fair settlement through negotiation, our trial attorneys are always prepared to take your case before a judge and jury if necessary to hold the drunk driver fully accountable.
Choose Gallagher & Kennedy to be your powerful voice for justice after a drunk driving accident.
Compensation in Phoenix Drunk Driving Accident Cases
Victims of drunk driving accidents are entitled to seek compensation for the harm caused by the impaired driver's reckless actions.
Because driving under the influence demonstrates a disregard for the safety of others, Arizona law allows for not only standard compensatory damages, but punitive damages to punish the wrongdoer and deter similar conduct.
Our Phoenix drunk driving accident attorneys at Gallagher & Kennedy fight to maximize your recovery by pursuing all available damages.
Compensation we typically seek in drunk driving accident claims includes:
- Medical Expenses: Covering all costs related to your injuries, such as emergency transport, hospital stays, surgeries, doctor visits, physical therapy, medications, and any necessary future medical care.
- Lost Income: Reimbursement for the income you lost while unable to work due to your injuries, as well as compensation for any diminished future earning capacity if your injuries are long-term or permanent.
- Pain and Suffering: Compensation for the physical pain, emotional distress, anxiety, trauma, and loss of enjoyment of life resulting from the accident and your injuries. The shocking nature of being hit by a drunk driver can often intensify this suffering.
- Property Damage: Covering the repair or replacement costs for your damaged vehicle and any other personal property destroyed in the crash.
- Punitive Damages: In Arizona, we can pursue punitive damages in drunk driving accident cases if we can demonstrate with clear and convincing evidence that the driver acted with an evil mind. This means showing they intended to cause harm or acted with conscious disregard for your safety, knowing their actions created a substantial risk of significant harm. We will thoroughly investigate the driver's actions and state of mind to determine if we can pursue punitive damages in your case.
Determining the full value of your claim requires a thorough assessment of your injuries, losses, and the circumstances of the crash, including the evidence of the driver's intoxication.
Our team at Gallagher & Kennedy meticulously builds your case, often coordinating with the criminal prosecution of the drunk driver, to pursue every dollar of compensation you deserve under Arizona law.
Where Drunk Driving Accidents Happen in Phoenix
Drunk driving accidents can, unfortunately, happen on any road in Phoenix at any time of day or night. However, statistics and experience show that certain areas and times present a higher risk of encountering an impaired driver. These incidents often occur on weekends, late at night, or during holidays when alcohol consumption is more prevalent.
Major freeways and highways traversing Phoenix, such as I-10, I-17, US-60 (Superstition Freeway), Loop 101, and Loop 202, frequently see serious DUI-related crashes, often involving high speeds and devastating consequences.
Arterial roads connecting entertainment districts, bars, and residential areas are also common locations.
Areas known for nightlife, restaurants, and bars in Phoenix and surrounding communities like Scottsdale or Tempe may see an increase in impaired drivers, particularly during late-night hours as establishments close. Even seemingly quiet residential streets are not immune, as impaired drivers attempt to make their way home.
According to the Arizona Department of Transportation (ADOT), alcohol is a significant factor in many fatal and injury crashes across the state each year.
While a drunk driving accident can occur anywhere, the tragic reality is that impaired drivers pose a constant threat on Phoenix roads. If you suffered an injury by an impaired driver, Gallagher & Kennedy is ready to help, regardless of the location of the crash.
Understanding Phoenix Drunk Driving Accidents
Accidents caused by drivers under the influence of alcohol or drugs are treated seriously under Arizona law, both criminally and civilly. Driving under the influence (DUI) is illegal, and proving that the at-fault driver was impaired can significantly strengthen your civil claim for damages.
Key Aspects of DUI Accident Claims:
- Negligence Per Se: In Arizona, driving with a Blood Alcohol Content (BAC) of 0.08 percent or higher (or being impaired to the slightest degree by alcohol or drugs) is illegal. If the driver who hit you is convicted of DUI or cited for violating DUI laws, it can often establish negligence automatically (negligence per se) in your civil case. This means you may not need to separately prove they were driving carelessly; their violation of the DUI law itself establishes their failure to exercise reasonable care.
- Evidence of Impairment: Evidence used in the criminal DUI case – such as police reports detailing signs of impairment (slurred speech, failed sobriety tests), breathalyzer or blood test results, and officer testimony – can be powerful evidence in your civil claim. Our DUI accident attorneys work to obtain and utilize this evidence effectively.
- Potential for Punitive Damages: As mentioned earlier, the reckless nature of choosing to drive drunk may entitle victims to pursue punitive damages in addition to compensation for their losses. This requires showing that the driver acted with conscious disregard for the safety and rights of others.
- Holding All Parties Accountable: Sometimes, other parties besides the drunk driver may share responsibility. For example, after an accident, a bar or restaurant might face liability if it over-serves an obviously intoxicated patron who presents a clear danger to others. Our team investigates all potential sources of liability.
Common Injuries in Drunk Driving Accidents:
Due to factors like impaired judgment, slowed reaction times, and sometimes excessive speed associated with drunk driving, these accidents can be particularly severe.
Common injuries include:
- Head and Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries and Paralysis
- Broken Bones and Fractures
- Internal Injuries and Organ Damage
- Whiplash and Soft Tissue Injuries
- Severe Lacerations and Scarring
- Wrongful Death
Our Phoenix drunk driving accident attorneys at Gallagher & Kennedy understand how to build a case that highlights the driver's impairment and connects it directly to the harm you suffered, pursuing full accountability and compensation.
Dealing with Insurance Companies After a DUI Accident
Even when it seems clear that the other driver was drunk and at fault, dealing with their insurance company can still be frustrating and complex.
The insurance adjuster representing the impaired driver, while aware of their client's situation, still has a primary duty to their employer: to minimize the amount paid out on the claim.
Adjusters in DUI cases might try various tactics. They can attempt to settle quickly before the full extent of your injuries is known, hoping you'll accept a lowball offer out of desperation or lack of knowledge. They might try to downplay the impact of the driver's intoxication or even subtly suggest you share some fault for the accident. If punitive damages are possible, they will fight hard against them.
Dealing with these negotiations while recovering from injuries and trauma is incredibly stressful.
This is where the representation of Gallagher & Kennedy becomes invaluable. We immediately take over all communication with the insurance companies involved.
Our Phoenix drunk driving accident attorneys know how to use the evidence of impairment (police reports, BAC tests, potential criminal conviction) as leverage in negotiations.
We present a clear, well-documented demand package outlining all your damages – medical bills, lost income, property damage, pain and suffering, and the potential for punitive damages.
We protect you from adjuster tactics and ensure they understand we will go to court if they refuse to offer a fair settlement that fully reflects the harm caused by their insured's reckless decision to drive drunk.
What You Can Do to Help Your DUI Accident Claim
After an accident caused by a drunk driver, to protect your health and strengthen your legal claim as you move forward from the initial incident:
- Continue All Medical Treatment: Your health is the priority. Follow through completely with all doctor-recommended treatments, therapies, and follow-up appointments. This aids your recovery and creates a vital medical record linking your injuries to the DUI accident.
- Keep Every Bill and Receipt: Maintain organized records of all expenses related to the accident. This includes medical bills, co-pays, prescription costs, mileage to/from appointments, vehicle repair estimates or receipts, and documentation of any other costs incurred due to the crash.
- Document Your Recovery and Impact: Keep a journal detailing your physical pain, emotional state (anxiety, anger, fear), limitations on daily activities, sleep problems, and how the injuries and the traumatic nature of the event affect your life and well-being. This helps demonstrate your pain and suffering damages.
- Obtain and Preserve the Police Report: The police report is critical in DUI cases as it often contains details about the driver's suspected impairment, sobriety tests, potential citations or arrests, and witness information. Ensure you have a copy, or let us obtain it for you.
- Cooperate with Law Enforcement (Criminal Case): In a criminal case against the drunk driver, we can help you cooperate with the prosecutor's office as needed. Information from the criminal proceedings can often support your civil claim.
- Avoid Social Media Discussions: Do not post details about the accident, your injuries, your recovery, or your feelings about the drunk driver on social media. Insurance companies look for anything they can potentially use against you.
- Do Not Speak to the Other Driver's Insurer: Refer all calls or contact attempts from the drunk driver's insurance company directly to Gallagher & Kennedy. Do not provide statements or sign anything without consulting us.
- Gather Your Information for Us: Collect all your medical records, bills, the police report, photos, witness details, pay stubs showing lost income, and your journal entries. Providing this information to our team allows us to start building your case immediately. If you cannot locate some or any of that information, we can obtain it for you.
Call Our Phoenix Drunk Driving Accident Lawyers Today
Being injured by a drunk driver is a violation that demands accountability. You deserve compensation for your injuries, financial losses, and the emotional trauma caused by such a reckless act.
The Phoenix drunk driving accident lawyers at Gallagher & Kennedy are dedicated to fighting for victims like you. Let our skilled legal team advocate for your rights and interests. We will handle the legal burdens so you can focus on healing.
Contact Gallagher & Kennedy by calling (602) 530-8400 today for your free, no-obligation consultation. We will review your case, explain your options, and answer your questions.