Phoenix Drunk Driver Accident Lawyer for Injured Victims

At Kent Law, our Phoenix drunk driving accident lawyers represent the people hurt in these crashes. A drunk driver made a choice. You are left with injuries, medical bills, and time away from work. We represent injured victims and their families. We do not represent drivers facing criminal charges. This page explains what to do after the crash, how your injury claim works next to the criminal case, who may have to pay, and how we build your case. It is part of our guide for Phoenix car accident victims. Call (480) 359-KENT now for a free case review. We are ready to go to work for you.

What to do after a drunk driving crash in Phoenix

Your safety comes first. These steps help protect your health and your claim.

1. Get safe and call 911. Move out of traffic if you can. Stay away from the other driver. Don't confront them, even if they seem drunk. Let the police handle it.
2. Tell the officer what you noticed. Did you smell alcohol? Hear slurred speech? See open containers? Did the car weave, speed, or run a light before the crash? Say so. Those details can shape the investigation and the report.
3. Get medical care the same day. Go to the ER, urgent care, or your doctor. Some injuries, like concussions and internal injuries, don't show up right away. Same-day records also tie your injuries to the crash.
4. Take photos. Photograph the vehicles, license plates, the scene, skid marks, traffic signals, and your injuries. Keep taking photos of your injuries as they heal.
5. Get witness information. Ask for names and phone numbers. Witnesses may have seen how the other driver acted before or after the crash.
6. Get the police report number. Phoenix Police handle crashes on city streets. Arizona DPS handles state highways and freeways. Ask the officer for the report number before you leave.
7. Call us before any recorded statement. Adjusters may call quickly. Call Kent Law before you give a recorded statement to any insurer, including your own. Your own policy may require you to cooperate. We help you do that without hurting your claim.

Arizona laws that affect your claim

The criminal case and your injury claim are separate

The State prosecutes the drunk driver in criminal court. That case is about punishment. Your injury claim is a civil case. It is about paying you for your losses. You don't have to wait for the criminal case to end to start your claim. A conviction is not required to win a civil claim. Evidence from the criminal case can still help. The police report, test results, and any conviction can all support your claim.

Your rights as a crime victim

Arizona's Victims' Bill of Rights (Ariz. Const. art. 2, § 2.1) gives crime victims rights in the criminal case. These include the right to be present at criminal proceedings and, on request, to be told about them; the right to be heard at release, plea, and sentencing proceedings; and the right to receive prompt restitution from the person convicted. Restitution in the criminal case is separate from your civil claim.

Punitive damages

In some cases, Arizona law may allow punitive damages when a driver's conduct is especially reckless. Drunk driving can be the kind of conduct that supports them. Whether they apply depends on the facts of your case.

Bars, restaurants, and liquor stores

Under A.R.S. § 4-311, a licensed bar, restaurant, or liquor store may be liable if it served alcohol to someone who was obviously intoxicated or under 21, and that caused the crash. A.R.S. § 4-312 limits liability for others, such as social hosts, in most situations. We look at where the driver was drinking. Receipts, bar tabs, and security video can matter. They can also disappear. That is why it pays to act quickly.

Insurance that may pay

The drunk driver's liability insurance is one source of payment. Other responsible parties, such as a bar, may carry their own coverage. Some impaired drivers have little or no insurance. Then your own uninsured and underinsured motorist coverage may help. Arizona insurers must offer UM and UIM coverage in writing, and drivers can decline it (A.R.S. § 20-259.01). Learn more about uninsured and underinsured motorist claims. If the impaired driver fled the scene, the crash is also a hit-and-run. See our page on hit-and-run accidents.

Shared fault

Insurers sometimes try to blame the victim, even in drunk driving crashes. Under Arizona's pure comparative fault rule (A.R.S. § 12-2505), your damages are reduced by your percentage of fault. In most cases, they are not barred. There are exceptions, such as A.R.S. § 12-711 for some alcohol- or drug-related situations, so talk to us about your facts.

When a crash takes a life

When a drunk driving crash takes a life, Arizona's wrongful death laws (A.R.S. §§ 12-611 to 12-613) may allow a claim. Learn about wrongful death claims.

Deadlines

Most injury lawsuits in Arizona must generally be filed within 2 years (A.R.S. § 12-542). Claims against a public entity or employee are different. A notice of claim is generally required within 180 days (A.R.S. § 12-821.01). A lawsuit against a public entity or employee must generally be filed within 1 year (A.R.S. § 12-821). For example, those shorter deadlines may apply if the impaired driver was a government employee driving a city truck, or if a dangerous government road played a part in the crash. Don't wait.

Common types of drunk driving accident cases

Alcohol-related crashes are a small share of all crashes but a large share of the deadliest ones. In 2024, they were 4.56% of all Arizona crashes but 27.93% of fatal crashes. They killed 347 people and injured 3,576 (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1 and Arizona at a Glance, p. 2). Statewide that year, Arizona had 121,107 crashes, with 1,228 people killed and 54,426 injured (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1).

These crashes happen on city streets and at intersections across Phoenix, Tempe, Chandler, and the East Valley. Tempe had 295 alcohol-related crashes in 2024, and Chandler had 181 (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 2-5). We serve injured people in Tempe and injury victims in Chandler from our Phoenix office. Most of our crash cases happen on city streets and at intersections. Common cases include:

• Red-light and intersection crashes. An impaired driver runs a light or stop sign, or turns left across your path.
• Rear-end crashes. A drunk driver fails to slow down and slams into you at a light or in traffic.
• Head-on and wrong-way crashes. An impaired driver drifts across the center line or drives the wrong way.
• Pedestrians and bicyclists. An impaired driver hits someone walking, crossing, or riding a bike.
• Hit-and-runs. The driver leaves the scene. Your own UM coverage may matter here.
• Crashes after a night at a bar. The driver was served at a bar or restaurant before the crash. That can open a dram shop claim.

Evidence and damages

Evidence we gather

Drunk driving cases can have strong evidence. It still has to be gathered, preserved, and used the right way. We work to collect:

• The police report
• Breath or blood test results obtained through the case
• Body camera and dash camera video
• Witness statements
• Receipts, bar tabs, and security video from where the driver was drinking
• Photos, medical records, and medical bills
• Crash reconstruction experts and other expert witnesses when a case needs them

Damages you may be able to recover

Depending on your case, you may be able to recover:

• Medical bills
• Future medical care
• Lost wages
• Lost earning capacity
• Pain and suffering
• Property damage, such as damage to your vehicle
• Punitive damages, when the law allows

We fight for every penny of compensation you deserve.

How Kent Law handles drunk driving accident cases

The insurance company has adjusters and lawyers working to pay you as little as possible. We work just as hard for you. We take the fight to the insurance company, and we don't back down.

Founding Partner Adam C. Kent started his career as a prosecutor with the Maricopa County Attorney's Office, so we understand how the criminal side works. Managing Attorney Jonathan Henry brings extensive trial experience to cases that need to go to court.

Here is what stands behind that:

• Kent Law recovers millions of dollars for injured clients every year.
• We have handled thousands of injury cases.
• We handle negotiated settlements, mediation, arbitration and trial.
• We take on denied and stalled claims, including cases already at the litigation stage.
• Some insurance adjusters and defense attorneys have hired Kent Law for their own injury cases.

We have one office, in the Ahwatukee area of Phoenix, and we serve Tempe, Chandler, Gilbert, and Mesa. Where your case is filed depends on court rules and the facts, such as where the crash happened and where the parties live. Phoenix-area and East Valley cases are usually filed in Maricopa County Superior Court, and we regularly file in Pima and Pinal counties too.

We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video.

Past results do not guarantee a similar outcome.

What it costs

We handle drunk driving accident cases on a contingency fee. No fee unless we win. Your case review is free. We explain the written fee agreement before you sign.

Talk with a Phoenix drunk driving accident lawyer

You didn't choose this. The drunk driver did. Let us work to hold them accountable while you focus on getting better. Call Kent Law at (480) 359-KENT. Free case review. No fee unless we win.

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This page is general information, not legal advice. Every case is different.