The personal injury
law firm that puts clients first

Phoenix Drunk Driving Accident Lawyer

Alcohol does not mix with operating a motor vehicle. Driving drunk is one of the most dangerous things a driver can do. Unfortunately, many drivers overestimate their abilities or underestimate the risks associated with drunk driving. In 2019, 4,907 reported traffic accidents in Arizona involved alcohol. Drunk driving claimed 256 lives and injured close to 3,000 people.

If you or someone you love was injured in a drunk driving accident in Phoenix, Arizona, contact the attorneys at Gerber Injury Law. We offer free initial consultations in Scottsdale, Avondale, Mesa and Surprise, Arizona as well.

Why Choose Our Drunk Driving Accident Attorneys?

  • We are highly experienced plaintiff’s attorneys. Attorney Ken Gerber founded the firm in 2001.
  • We have handled thousands of personal injury cases, including hundreds of trials.
  • We have successfully retrieved more than $55 million in positive results for past clients.
  • We treat our clients like family, listening to their needs and going the extra mile.
  • We keep our rates consistent, competitive and affordable. You won’t have any hidden fees.

Why You Need an Attorney

The nature of a drunk driving accident often results in catastrophic injuries. Common examples are broken bones, crush injuries, amputations, burns, traumatic brain injuries and spinal cord injuries. Do not take a serious injury claim lightly. Get the protection you need from insurance companies by hiring a lawyer. A lawyer will prevent the drunk driver’s insurance company from offering a lowball settlement for your serious injuries. You can focus on your recovery while your lawyer aggressively negotiates a fair outcome on your behalf.

What Are the Risks of Drinking and Driving?

Any amount of alcohol in a driver’s system could be enough to negatively impact driving ability. Driving after drinking alcohol can make it difficult or impossible to safely and correctly control a motor vehicle. It is a driver’s responsibility to obey the law and not to drive drunk. When a reckless driver breaches this duty, accidents can occur. Alcohol, as well as drugs, can affect a driver in many significant ways.

  • Slowed reaction times
  • Delayed reflexes
  • Poor judgment
  • Drowsiness
  • Blurred vision
  • Aggressive driving
  • Speeding
  • Red-light running
  • Wrong-way driving
  • Swerving or drifting
  • Increased likelihood of reckless driving

Drunk driving accidents are often catastrophic because the at-fault driver is speeding, driving the wrong way, driving without headlights or otherwise engaging in extremely reckless acts. Sadly, those who pay the price are often innocent drivers and bystanders. If a drunk or drugged driver caused your collision in Arizona, call Gerber Injury Law right away for a consultation about what to do next. We can help you gather evidence against the drunk driver, such as police reports.

Drunk Driving Laws in Arizona

Driving under the influence, or DUI, is a crime in Arizona. A driver is officially breaking the law by driving intoxicated if his or her blood alcohol concentration (BAC) is at or above 0.08%. The legal limit drops to 0.04% for commercial vehicle drivers and 0.00% for drivers under 21. A police officer can issue a chemical test to check a driver’s BAC during a traffic stop. Even with a BAC below the legal limit, the police may arrest a driver for drunk driving if he or she appears intoxicated.

It is critical to call 911 from the scene of a drunk driving accident. Getting the police to the scene can help you hold a drunk driver accountable. The police can arrest the perpetrator and collect information that could serve as important evidence during your civil case. The police may issue a Breathalyzer test or field sobriety test on the spot, for example, that provides proof of the driver’s intoxication. Obtaining copies of police reports, dashcam footage, blood or urine test results, officer statements, and eyewitness accounts could also build your injury claim.

Your Rights as a DUI Accident Victim

Criminal DUI cases and civil claims for damages are two separate legal processes. It is up to county prosecutors to bring criminal charges against someone for driving drunk in Arizona. It is up to you as a crash victim, however, to file a civil claim. You have a maximum of two years from the date of the DUI accident to bring a lawsuit against the at-fault driver. From there, you or your lawyer may need to prove the fault of the driver to obtain compensation from his or her insurance company. Fault generally requires proof of four main elements.

  1. The driver owed you a duty of care.
  2. The driver breached this duty of care by operating a vehicle under the influence of alcohol.
  3. The driver’s drunkenness or recklessness caused your auto accident.
  4. Your damages arose from the driver’s breach of duty.

Proving the drunk driver’s fault for your accident can result in a successful insurance settlement or personal injury lawsuit in Arizona. If you were injured in a hit-and-run by a drunk driver and the police have not identified the culprit, you may have to seek damages through your insurance provider instead. A first-party insurance claim could pay for your damages if you have uninsured or underinsured motorist insurance.

How Much Is Your Case Worth?

At Gerber Injury Law, we know financial compensation is not the only reason injured DUI accident victims come to our law firm for assistance. We recognize the importance of standing up for your rights, seeking justice and holding drunk drivers accountable. However, we also know how critical it can be to recover money damages while dealing with expensive medical bills and vehicle repairs. A successful DUI accident claim could result in payments for your past and future health care costs, property damages, lost wages, pain and suffering, and more. Discuss your case in detail with our attorneys for an accurate estimate of what it may be worth.

Contact a Drunk Driving Accident Lawyer in Phoenix Today

A drunk driving accident could upend your life. From catastrophic injuries and long-term disabilities to being unable to return to work, a drunk driver may inflict many damages upon you and your family. At Gerber Injury Law, we are passionate about holding drunk and drugged drivers accountable for their irresponsible decisions. We may be able to help you obtain justice and fair compensation from a drunk driver after a car crash in Arizona. We may also be able to file a dram shop injury claim for additional compensation. Learn more today during a free consultation in Phoenix. Contact us online or call (623) 486-8300 today.