Accidents happen. They happen when someone drives negligently, meaning they failed to drive by the reasonable standards of the road. However, when someone drives drunk, that is not just negligence, they intentionally got behind the wheel when they knew in advance that they should not. That intention action has now caused you injury both to your property and your body. That drunk driver needs to pay not only for the injury they have caused you, but also needs to be punished for the intentional action of getting behind the wheel while intoxicated.
There are two different cases resulting from a drunk driving injury accident: the criminal case and the civil case. The city or county prosecutor’s office has the discretion whether to charge and prosecute the drunk driver with a DUI. One way the injured victim can influence this decision is proactively contacting the police officer in charge of the investigation and making your intentions known, whether you would like to pursue the prosecution or not. Ultimately however, it is the prosecuting attorney who makes the decision whether to file criminal charges. The Arizona statute covering DUI’s is ARS 28-1301 et sequence. You can find the Arizona statute at the following link: http://www.azleg.state.az.us/.
The other aspect of DUI’s is the civil case, run by our firm, which you personally hire. In some instances, we can act in connection with the criminal case. Often, we will use the criminal conviction to further the civil case, as the criminal conviction is admissible evidence in the civil trial.
Many times insurance companies will deny the punitive aspect of drunk driving. They will attempt to minimize its importance and say they are not responsible for punitive damages. Do not be fooled by insurance companies! Call The Accident Law Group where our experienced accident attorneys know how to fight for the maximum financial recovery for you. A drunk driver should not get away with what they have done to you. Their insurance company should not weasel out of paying the appropriate remedy to you. Call The Accident Law Group right away so we may advise you of your rights and hold this drunk driver responsible for the true value of his actions.