Is a Drunk Driver Always Liable for an Arizona Accident?

Getting hit by a drunk driver is a terrifying and life-altering experience. It leaves you injured, confused, and often drowning in medical bills and other expenses. It’s natural to assume that if the other driver was drunk, your case should be straightforward. After all, they made a reckless choice to drive while impaired—surely, that’s enough to hold them fully accountable, right?

Unfortunately, the legal reality is more complex. At Saavedra Law Firm, we have handled many drunk driving cases over the years. While intoxication is powerful evidence, it doesn’t automatically mean the other driver is 100% liable for the accident. Let’s take a look at why drunk driving cases aren’t always as simple as they seem and what factors matter most in building a winning case.

Why Intoxication Alone Isn’t Enough

When a drunk driver causes an accident, it’s easy to think of it as an open-and-shut case. Public opinion is strongly against drunk driving, and for good reason—it’s a reckless act that endangers everyone on the road. However, in legal terms, intoxication is just one piece of the puzzle. It’s strong evidence, but it doesn’t automatically mean the drunk driver is entirely at fault for the crash.

This is because personal injury cases focus on proving negligence. You must show that the drunk driver’s specific actions directly caused the accident and your injuries. Even if their blood alcohol content (BAC) was over the legal limit, other factors like your own actions or external conditions can come into play when determining fault.

Understanding Arizona’s Comparative Negligence Law

Arizona uses a “pure comparative negligence” system for personal injury cases. This means that fault can be divided among all parties involved in an accident. The court assigns a percentage of fault to each party based on their role in causing the crash. Your own percentage of fault then reduces your compensation.

For example:

• If the drunk driver is found 90% at fault and you are found 10% at fault (perhaps for speeding or being distracted), your total compensation will be reduced by 10%.
• If your damages amount to $100,000, you would only receive $90,000 after the reduction.

Small percentages of fault might not seem like a significant issue. Still, when you’re dealing with extensive medical bills, lost wages, and other costs, even a 10% reduction can have a substantial financial impact.

Common Defenses Used by Drunk Drivers

Drunk drivers and their legal teams will put up a strong fight to deny liability. Some common defense strategies include:

• Challenging BAC Results: They may claim the breathalyzer or blood test was improperly administered or the equipment wasn’t calibrated correctly.
• Claiming Post-Accident Drinking: They might argue that alcohol was consumed after the accident, not before.
• Blaming External Factors: They could attribute the crash to poor road conditions, adverse weather conditions, or vehicle malfunctions.
• Shifting Blame: The defense may attempt to highlight your actions—such as speeding, running a red light, or being distracted—to argue you share a greater percentage of fault.

These defenses can complicate your case, which is why thorough evidence gathering and legal experience are essential.

What Evidence Do You Need to Prove Your Case?

To build a strong injury claim, you must connect the drunk driver’s impairment to the specific negligent action that caused the crash. This requires more than just proof of their intoxication. Key evidence includes:

• Police Reports: These documents typically contain critical details, including field sobriety test results, officer observations, and witness statements.
• Witness Testimonies: Statements from those who saw the accident can help establish what happened and who was at fault.
• Video Footage: Dashcam footage or nearby surveillance cameras can provide clear, unbiased evidence of the collision.
• Accident Scene Documentation: Photos of the crash site, vehicle damage, skid marks, and road conditions can help reconstruct the events leading to the accident.
• Medical Records: These records demonstrate the severity of your injuries and connect them to the accident.

Together, this evidence paints a complete picture of how the drunk driver’s negligence caused your injuries, making it harder for the other side to argue against liability.

Create an Unstoppable Argument

Your feeling that a drunk driver should be held accountable is entirely justified. But in the legal world, turning that intuition into a successful outcome requires careful, methodical work.

Don’t leave your future to chance. Contact the Saavedra Law Firm to speak with a knowledgeable Arizona car accident attorney who understands how to build a powerful case and fight for what you deserve.