Why You Need an Injury Lawyer After Being the Victim of a DUI Accident
While it is important for drunk drivers to be held accountable to the criminal justice system, it is also important that they are financially accountable to the accident victim or the victim’s family. Criminal charges will not result in you receiving compensation for medical expenses, lost wages, and other damages.
How are civil and criminal cases different?
The criminal justice system is designed to provide due process to those accused of crimes and, if someone is found guilty, punish them according to state and/or federal law.
Those convicted of driving with a blood alcohol concentration of .08 percent or higher face a variety of harsh penalties for driving under the influence (DUI). The penalties for a first time DUI conviction are as follows:
- Between 24 hours and 10 days in jail
- $ 250 fine
- License suspension between 90 days and one year
- Be required to install an ignition interlock device on your vehicle.
The severity of the sanctions increases with each subsequent infraction.
It is important to note that courts often order drunk drivers to pay compensation for losses that directly resulted from the accident. For example, the court may order drunk drivers to cover the victim’s medical bills, lost wages, property damage, and other economic damages.
However, it can be very difficult to collect restitution and it can take a significant amount of time. Courts cannot order drunk drivers to pay more than they can afford each month, which means you would not receive compensation all at once. The defendant may not earn much money because his drunken conviction may limit his employment opportunities.
Restitution does not cover non-economic damages such as pain and suffering, loss of enjoyment of life, and loss of companionship. Compensation for these damages is only available through a personal injury claim.
The licensed attorneys at Phillips Law Group are prepared to help you obtain full compensation for your losses. We have decades of combined experience and a track record of success. You do not need to try to navigate the difficult legal process on your own. Phillips Law Group is prepared to defend your best interests and we are prepared to take cases to court when necessary.
Can I start a civil and criminal case?
Yes, you have the right to pursue both types of cases. Under state law, a judge awarding restitution does not prevent someone from filing a separate civil action and showing that the value of their damages exceeds the amount of the restitution order.
Another aspect of this law to keep in mind is that an award in a civil case cannot be offset by an award of restitution in a criminal case. In other words, if you were awarded $100,000 in restitution but filed a civil case for $250,000, you could receive the $250,000 if your case is successful. Your civil award would not be reduced by the value of your restitution award.
These are complex issues that you can discuss with one of Phillips Law Group’s licensed attorneys.
Can insurance companies deny liability for DUI accidents?
Arizona requires at-fault drivers to cover damages suffered by accident victims. At-fault drivers typically turn to their car insurance policies to pay for these damages. However, auto insurance policies generally have exclusions for intentional conduct.
That raises questions about whether insurance companies can deny liability for a drunk driving accident. The insurance company may claim that the at-fault driver intentionally got drunk and got behind the wheel. The insurance company may say that the driver should have known this was extremely dangerous.
However, it can be difficult to prove that the at-fault driver’s actions were intentional. This may be particularly true if you are represented by an experienced attorney who knows how to counter these types of claims.
This is another reason why seeking experienced legal representation is so important. If an insurance company is dealing with an attorney who often takes cases to court and has a track record of success, they may be more willing to negotiate their way out of this situation.
Can the bar/establishment that served alcohol to the driver face liability?
It may be possible to hold a bar, restaurant, or another establishment liable for a drunk driving accident. However, your attorney will need to show that the driver was served alcohol when he was obviously intoxicated or under the legal drinking age.
Establishing liability under this section of the Arizona Revised Statutes is a difficult task best left to an experienced attorney.
Do you need legal help after an accident? Call Phillips Law Group
One of the most important steps you can take after an accident is to find an experienced attorney to represent you. You need an experienced attorney to help you determine your options and advocate for your best interests.
Insurance companies regularly deny and discount claims and even try to blame the victims. The attorneys at Phillips Law Group are prepared for these things and know how to build strong cases for accident victims.
We accept contingency cases, which means there are no up-front fees and we are not paid unless you receive compensation.
