KTAR News reported that fire crews extricated a driver, a man, from a vehicle after a crash in north Phoenix and that he was taken to a nearby hospital with life-threatening injuries. According to the outlet, the second driver was processed for DUI. No one has been convicted of anything, and an arrest is an accusation rather than a finding of fault.
In Arizona, a criminal DUI arrest and a civil injury claim are separate proceedings with different burdens of proof. A prosecutor must prove impaired driving beyond a reasonable doubt under A.R.S. § 28-1381; an injured person suing for damages must only prove negligence by a preponderance of the evidence. That means a civil claim can succeed even if criminal charges are reduced or dropped, and a conviction, if one comes, can be strong evidence in the civil case. Someone left with life-threatening injuries can seek compensation for emergency and ongoing medical care, lost income, diminished earning capacity, and pain and suffering. Arizona also allows punitive damages where conduct shows a conscious disregard for the safety of others, which is why impaired driving allegations matter to a civil claim's value. The deadline for most injury suits is two years from the date of injury under A.R.S. § 12-542, and evidence such as vehicle data and surveillance video disappears long before that.
What the Criminal Case Does and Does Not Do for You
The criminal case belongs to the state. The injured person is a witness in it, not a party, and any restitution ordered there is usually a fraction of what the losses actually are. It covers no pain and suffering and no future care.
What the criminal case does give you is leverage and evidence: blood or breath results, officer observations, and the investigating agency's report. Those records are obtainable, but they are often held while the prosecution is pending, which is one reason a civil claim should be opened early rather than after the criminal case resolves.
Fault in the civil case is decided separately and can be divided. Under A.R.S. § 12-2505, Arizona uses pure comparative fault; a percentage of blame assigned to you reduces your recovery by that percentage but does not eliminate it. Insurers know this and will look for a reason to shift some share onto the injured driver, so avoid recorded statements about how the crash happened until you have advice.
Insurance Is Usually the Real Limit on Recovery
In a catastrophic injury case, the at-fault driver's liability policy is often exhausted within days of hospitalization. Ask early about these sources:
- Your own underinsured and uninsured motorist coverage, which stacks on top of the other driver's limits and is frequently the largest available fund
- Medical payments coverage on your own policy, which pays regardless of fault
- Any policy covering the vehicle the at-fault driver was operating, if it was not their own
- Health insurance, which will pay now and assert a lien or subrogation claim later; that lien is negotiable
Send written notice to every insurer involved and keep every bill, explanation of benefits, and out-of-pocket receipt. Do not sign a release or accept a quick settlement while the medical picture is still changing, because a release closes the claim permanently even if future surgeries are needed.
If the Injured Person Cannot Act, or Does Not Survive
A person who is sedated, intubated, or otherwise unable to make decisions cannot sign a fee agreement or authorize records requests. A spouse, parent, or adult child may need a health care power of attorney if one exists, or a court-appointed guardian or conservator if one does not. Start that process early; it takes time, and deadlines keep running.
If a person does not survive, Arizona provides two distinct claims. A wrongful death action under A.R.S. § 12-611 to A.R.S. § 12-613 belongs to the surviving spouse, children, parents, or the estate, and compensates them for their own losses. A survival action under A.R.S. § 14-3110 is brought by the estate for what the person suffered before death, including medical expenses incurred.
One additional deadline: if any public entity or public employee turns out to be a defendant, A.R.S. § 12-821.01 requires a written notice of claim within 180 days of when the claim accrues. That is far shorter than the two-year limit in A.R.S. § 12-542, and missing it bars the claim entirely.
If you or a family member was hurt in a collision here, our Phoenix car accident attorneys can explain your options.