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Hit by a Drunk Driver in Arizona? Here's What Compensation You May Be Entitled To
Injured car accident victim speaking with an Arizona DUI attorney after a crash

Hit by a Drunk Driver in Arizona? Here's What Compensation You May Be Entitled To

If you or someone you love was injured by a drunk driver, you are already dealing with one of the most frustrating and painful situations imaginable. Someone made a reckless, illegal choice — and now you are living with the consequences. Understanding Arizona DUI accident victim compensation is one of the first steps toward protecting your rights and getting your life back on track. At Sher Law Group PLLC, we help injured victims across the Phoenix and Scottsdale area pursue the full compensation they deserve. Call us at 480-418-7437 for a free consultation — you pay nothing unless we win.

Why DUI Accident Claims Are Different in Arizona

Not every car accident claim is the same, and a crash caused by an impaired driver carries unique legal weight in Arizona. Under ARS § 28-1381, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher — or to drive while impaired to the slightest degree. When a driver violates this law and causes an accident, their conduct is not just negligent — it may be considered grossly negligent or even intentional misconduct.

This distinction matters enormously for your case. Arizona law allows courts to award punitive damages in cases involving outrageous or reckless conduct (see Rawlings v. Apodaca principles under Arizona common law). While compensatory damages cover your actual losses, punitive damages are designed to punish the wrongdoer and deter others. DUI cases are among the strongest candidates for punitive damage awards in Arizona personal injury law.

Our Car Accidents practice covers the full range of impaired driving crashes, from minor collisions to catastrophic multi-vehicle accidents. If you were hurt by a drunk or drug-impaired driver, our team knows how to build a compelling case.

What Compensation Can a DUI Accident Victim Recover?

Arizona DUI accident victim compensation typically falls into three broad categories: economic damages, non-economic damages, and — in qualifying cases — punitive damages. Here is a breakdown of what you may be able to recover:

  • Medical expenses: Emergency room visits, surgeries, hospitalization, physical therapy, prescription medications, and future medical care related to your injuries.
  • Lost wages: Income you lost while recovering, as well as diminished future earning capacity if your injuries affect your ability to work long-term.
  • Property damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
  • Pain and suffering: Compensation for physical pain, emotional distress, anxiety, depression, and the overall impact the accident has had on your quality of life.
  • Loss of consortium: If your injuries have affected your relationship with your spouse or family, Arizona law recognizes this as a compensable harm.
  • Punitive damages: As noted above, courts may award these to punish egregious drunk driving behavior, particularly in cases involving extreme BAC levels, prior DUI convictions, or reckless speed.

Every case is different, and the value of your claim depends on the severity of your injuries, the strength of the evidence, and the available insurance coverage. Speaking with our car accident attorneys is the best way to get a realistic picture of what your claim may be worth.

Arizona's Dram Shop Law and Third-Party Liability

One aspect of DUI accident cases that many victims overlook is the potential liability of the establishment that served alcohol to the at-fault driver. Arizona's Dram Shop Act (ARS § 4-311) allows injured victims to pursue a claim against a licensed liquor establishment — a bar, restaurant, or liquor store — if that business sold or served alcohol to a visibly intoxicated person who then caused an accident.

This can be critically important in cases where the drunk driver has limited insurance coverage or no assets to pursue. If a bar continued serving a visibly intoxicated patron who then got behind the wheel and hurt you, that business may share liability for your injuries. Identifying all responsible parties is a key part of what our attorneys do from day one.

Dealing With Insurance After a DUI Crash

Arizona requires all drivers to carry minimum liability insurance under ARS § 28-4009 — currently $25,000 per person and $50,000 per accident for bodily injury. Unfortunately, many drunk drivers are either underinsured or uninsured entirely. Here is how your own policy may still protect you:

  • Uninsured/Underinsured Motorist (UM/UIM) coverage: If the drunk driver does not have enough insurance to cover your damages, your own UM/UIM coverage can fill the gap. Arizona law (ARS § 20-259.01) requires insurers to offer this coverage, though drivers can waive it in writing.
  • MedPay coverage: This optional coverage pays your medical bills regardless of fault and can be used immediately while your claim is being resolved.

Insurance companies — even your own — are businesses focused on minimizing payouts. Having experienced personal injury lawyers in your corner ensures you are not pressured into accepting a settlement that falls far short of what you actually need.

Arizona's Statute of Limitations: Do Not Wait

Under ARS § 12-542, most personal injury claims in Arizona must be filed within two years of the date of the accident. Missing this deadline generally means losing your right to compensation entirely. While two years may sound like a long time, building a strong DUI accident case takes time — gathering police reports, obtaining toxicology results, interviewing witnesses, and consulting with medical experts all require careful preparation. The sooner you speak with an attorney, the better protected you are.

How Sher Law Group Handles DUI Accident Cases

At Sher Law Group PLLC, we have helped injured Arizonans recover compensation after serious car accidents throughout the Phoenix metro area, including Scottsdale, Tempe, Mesa, Chandler, and beyond. When you come to us after a DUI crash, we:

  • Conduct a thorough investigation and preserve critical evidence, including the police DUI report and any criminal charges filed against the driver
  • Work with accident reconstruction experts and medical professionals to document the full extent of your injuries and losses
  • Pursue every available source of compensation, including the at-fault driver, their insurer, dram shop defendants, and your own UM/UIM coverage
  • Handle all communications with insurance adjusters so you can focus on healing
  • Fight for maximum compensation — including punitive damages where appropriate

We work on a contingency fee basis, which means you pay no attorney fees unless we recover money for you. There is no risk in calling us to find out where you stand.

Get the Arizona DUI Accident Victim Compensation You Deserve

Being hurt by a drunk driver is devastating — but you do not have to face the legal process alone. Arizona DUI accident victim compensation can cover your medical bills, lost income, pain and suffering, and more. The key is acting quickly and having the right legal team by your side. Contact Sher Law Group PLLC today at 480-418-7437 or reach out online for a free, no-obligation consultation. We are here to help you every step of the way.

No fee unless we win, which means we get paid only WHEN WE WIN YOUR CASE.

Talk to an Arizona Injury Attorney Today

If you or someone you love has been injured in an accident caused by another's negligence, our team at Sher Law Group is here to help. We represent clients throughout Phoenix, Scottsdale, Glendale, Chandler, Mesa, Tempe, and the surrounding Arizona communities. Consultations are always free, and you pay nothing unless we win your case.

Our experienced personal injury lawyers handle a wide range of claims — including car accidents, motorcycle crashes, pedestrian and bicycle injuries, slip-and-fall accidents, and more. We work tirelessly to recover full compensation for medical bills, lost wages, and pain and suffering.

Wherever you are in Arizona — from Maricopa County to Pima County or Yavapai County — our attorneys can meet virtually or in person. Call or text (480) 418-SHER (7437) or contact us online to get the legal guidance you deserve today.

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