Alcohol is a factor in nearly one out of every four fatal crashes on Arizona roads. Behind every number is a family reeling from trauma, financial strain, and uncertainty. The Law Office of Shiloh K. Hoggard, P.L.L.C. is a top-rated personal injury law firm in Arizona dedicated to holding impaired drivers accountable and securing justice and maximum compensation for victims and their families.
Get answers from someone who truly knows how to help you in a drunk driving accident—call today and reclaim control of your case.
The Devastating Toll of Drunk Driving Accidents in Arizona
Drunk driving is entirely preventable. Yet, it continues to devastate families and communities across the state. According to the Arizona Department of Transportation, alcohol-related crashes result in more than 3,000 injuries and 347 fatalities. Victims of drunk driving accidents frequently face:
- Traumatic Brain Injuries – Life-altering harm that may require years of treatment or lifelong care.
- Spinal Cord Injuries and Paralysis – The loss of mobility, independence, and ability to work or enjoy daily life.
- Broken Bones and Multiple Fractures – Painful injuries often requiring surgery, physical therapy, and time away from work.
- Severe Lacerations and Internal Injuries – Including organ damage and internal bleeding that can be fatal or lead to permanent disability.
- Psychological Trauma – Many survivors struggle with anxiety, depression, PTSD, and fear of getting back on the road.
Medical bills pile up, lost income threatens your family’s security, and the emotional toll of an accident lingers for years. For families who lose a loved one, no amount of money can replace their loss—but pursuing justice can provide closure and vital resources for moving forward.
What the Law Says About Drunk Driving in Arizona
In Arizona, driving under the influence (DUI) is a serious criminal offense—and, legally, it is a clear act of negligence. The law prohibits anyone from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (or any amount if it impairs driving ability). Arizona is well-known for its tough DUI penalties, but the criminal justice system does not automatically compensate victims for their injuries or losses.
That’s where a civil claim comes in. Drunk or impaired driving victims can seek justice through a personal injury lawsuit, even if the at-fault driver is facing criminal charges or has been convicted. Importantly, evidence of the driver’s intoxication can strengthen your civil case, making it easier to prove negligence.
Arizona law also allows courts to award punitive damages in some cases. Punitive damages are designed to punish especially reckless conduct and deter future wrongdoing. These are in addition to standard compensation for your medical expenses, lost income, pain and suffering, and property damage. It’s important to understand that the criminal prosecution of a drunk driver and your right to civil compensation are two separate matters.
- A criminal case – Brought by the state, seeks to punish the driver with fines, license suspension, and possibly jail time.
- A civil claim – Is brought by the victim (or family) and seeks compensation for injuries, losses, and suffering caused by the accident.
Even if the driver is not convicted—or is never charged—you may still have a strong civil case.
Legal Issues Unique to Drunk Driving Accident Claims
When a drunk driving accident claim moves forward, the question isn’t just who caused the crash—it’s how that impairment is proven, who else may share responsibility, and how insurance companies might respond. In Arizona, several legal and evidentiary hurdles stand between victims and fair compensation, making it crucial to understand the specific challenges these cases bring.
Proving Impairment
Unlike other car accident claims, drunk driving cases benefit from specific evidence:
- Police Reports – Law enforcement typically documents the scene, notes signs of impairment, and may include DUI charges.
- Breathalyzer and Blood Test Results – Objective measurements of BAC at or above the legal limit.
- Field Sobriety Test Results – Officer observations, such as slurred speech, bloodshot eyes, or failed balance tests.
- Witness Statements – Bystanders, other drivers, or passengers may report erratic driving or behavior.
- Surveillance or Dashcam Footage – Video evidence can be critical.
A skilled attorney will collect, review, and present this evidence to show not just that the driver was impaired—but that the impairment caused your injuries.
Arizona Dram Shop Law
In some drunk driving cases, other parties may be partially responsible for the crash. Under Arizona’s “dram shop” laws (A.R.S. § 4-311 and § 4-312), bars, restaurants, and even private hosts can be held liable if they knowingly served alcohol to an obviously intoxicated person or to someone under 21, and that person went on to cause a crash.
This means your claim may not be limited to just the driver’s insurance. For example, a local bar in Cottonwood serves a visibly drunk customer who later causes a collision. The injured victims may pursue claims against both the driver and the bar. A knowledgeable attorney will investigate all possible sources of compensation to maximize your recovery.
Insurance Issues and Disputes
Drunk driving accidents almost always involve complex insurance issues:
- The at-fault driver’s insurance – May try to limit payouts or dispute liability.
- Underinsured/Uninsured Motorist Claims – If the drunk driver lacks sufficient insurance (or has none), your own UM/UIM coverage may come into play.
- Multiple Claims – If several people are injured, insurance limits may not cover all losses.
Insurance companies are not on your side. Their adjusters may contact you quickly to obtain statements or pressure you into accepting a low settlement—sometimes before you fully understand the extent of your injuries. An experienced drunk driving attorney in Arizona knows how to deal with these tactics, protect your rights, and ensure you aren’t shortchanged.
Comparative Fault
Arizona follows a pure comparative fault rule. This means your compensation can be reduced by your percentage of fault, but you can still recover damages unless you were 100% responsible. For example, if a jury finds you 10% at fault and your total damages are $100,000, your recovery would be reduced to $90,000.
Drunk drivers and their insurers may attempt to blame you for the crash to reduce their own liability. Your attorney’s job is to fight these arguments and keep the focus where it belongs: on the impaired driver’s choices and the harm caused.
7 Things You Should Do After a Drunk Driving Accident in Arizona
The actions you take after a crash can be critical for both your physical recovery and your legal case. Here’s a guide for victims in Arizona:
- Call 911 and Law Enforcement Immediately
Not only is this required by law, but prompt police involvement ensures the accident and signs of impairment are documented. Officers will interview drivers and witnesses, perform sobriety tests, and may arrest the impaired driver. - Seek Medical Attention
Even if your injuries seem minor, it’s essential to see a doctor. Some injuries are not obvious right away. Medical records create a crucial link between the crash and your injuries. - Document the Scene and Your Injuries
Take photos of your vehicle, the other vehicle, the road, any open alcohol containers, and your visible injuries. Photos help establish the facts later, especially if the drunk driver tries to change their story. - Collect Witness Information
Eyewitnesses can provide key testimony, especially about the other driver’s behavior before and after the crash. Get names and contact details for anyone who saw the incident. - Do Not Admit Fault or Discuss Details with the Other Driver
Emotions run high after a crash. Be polite, but don’t apologize, speculate about the cause, or engage in arguments at the scene. - Avoid Negotiating with Insurance Companies Alone
Insurance adjusters may try to get you to make statements or sign documents that could harm your claim. Always speak to an attorney first. - Contact a Cottonwood Drunk Driving Accident Attorney
The sooner you have legal representation, the more protected you are. Early involvement helps your lawyer preserve evidence, communicate with insurers, and build the strongest possible case.
Fast, informed action after a crash can make the difference between a denied claim and full financial recovery. If in doubt, call the Law Office of Shiloh K. Hoggard, P.L.L.C., for immediate guidance.
What Compensation Can You Recover
The law recognizes the far-reaching consequences of drunk driving accidents and allows victims to pursue a wide range of damages:
Economic Damages
These are tangible losses that can be measured in dollars, such as:
- Emergency and ongoing medical expenses
- Surgical costs and rehabilitation
- Prescription medications and medical equipment
- Lost wages from time away from work
- Reduced earning capacity if injuries limit future employment
- Property damage (such as vehicle repair or replacement)
- Other out-of-pocket costs, including transportation, childcare, or household help
Non-Economic Damages
These cover the intangible, deeply personal impacts of a crash:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life and everyday activities
- Permanent scarring or physical disability
- Loss of consortium, reflecting the harm to close family relationships
Punitive Damages
In especially reckless cases—such as those involving drunk driving—the court may award punitive damages to punish the wrongdoer and discourage similar conduct in the future.
Wrongful Death Damages:
For families who have lost a loved one, Arizona law provides compensation for funeral and burial expenses, any medical costs incurred prior to death, loss of companionship, and the emotional and financial support the victim would have provided.
A skilled attorney understands that every drunk driving accident is unique. By working with medical professionals, financial experts, and investigators, your lawyer will ensure every injury, expense, and loss—both visible and hidden—is fully documented and aggressively pursued, helping you and your family secure the compensation and peace of mind you deserve.
How Much Is My Drunk Driving Accident Case Worth?
One of the first questions most victims ask after a serious drunk driving accident is, “How much is my case really worth?” The answer is rarely simple because every accident—and every individual’s recovery—is unique. The value of your case depends on a combination of factors, all of which a skilled attorney will carefully analyze and document.
First and foremost, the severity of your injuries has a major impact on case value. Catastrophic injuries, such as traumatic brain injuries, spinal cord damage, broken bones, or permanent scarring, generally result in higher compensation due to ongoing medical needs, rehabilitation, and the profound impact on your daily life. Even less visible injuries—like PTSD or emotional trauma—are included in the overall calculation.
Your medical expenses are another key factor. This includes everything from emergency treatment and hospital stays to surgery, physical therapy, medications, and any anticipated future care. The more extensive and long-lasting your treatment, the greater your potential recovery.
Lost income also plays a crucial role. If your injuries force you to miss work, reduce your hours, or change careers, you can claim both past and future lost wages. For some, the inability to return to a former profession can significantly increase a claim’s value.
Clear evidence of intoxication strengthens your case. Drunk driving cases often allow for the recovery of punitive damages—additional compensation meant to punish the offender and deter similar reckless behavior. These damages can dramatically increase the overall value of your claim, especially in cases involving extremely high blood alcohol levels or repeat offenders.
Other factors include the strength of your evidence, the impact on your family life, available insurance coverage, and whether multiple parties may be liable. Ultimately, an experienced attorney can help you build a compelling case and pursue the maximum compensation available under Arizona law.
Get Maximum Compensation After a DUI Accident in Arizona
If you or someone you care about has been injured—or worse, lost their life—because of a drunk or impaired driver in Cottonwood, Camp Verde, Sedona, Clarkdale, Jerome, or anywhere in the Verde Valley, don’t wait.
Evidence can disappear, and insurance companies are already at work trying to limit your recovery. Let the Law Office of Shiloh K. Hoggard, P.L.L.C., be your advocate, your guide, and your voice for justice. Call (928) 649-3400 or contact us today to schedule your consultation.
You don’t have to go through this alone. With the right legal team, you can focus on healing—while we focus on fighting for every dollar and every measure of justice you deserve.