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Arizona Traffic Accidents Involving Legal Levels Of Alcohol

Drinking and driving is a serious issue, and impaired driving can increase not only the risk of traffic accidents but also the risk that a traffic accident will result in serious bodily injury or loss of life. Arizona is known for having some of the strictest DUI laws in the entire country. Not only does it require mandatory jail time for even-first time convicted DUI offenders, but the legal limit works differently as well. Most states have set the legal limit as a BAC, or blood alcohol content, of 0.08. A driver at that level in Arizona is presumed to be intoxicated. But if the police pull over a driver who has a BAC below 0.08 but above 0.04, it is up to the police officer to decide if that person is too impaired to be driving. So what happens if a person causes a traffic collision with alcohol in their system, but not enough to constitute a DUI arrest? Read on for more information on this topic. To schedule your free phone consultation with a member of our Arizona accident team, call 480-470-1504.

Below the Legal Limit

Having a BAC above 0 but below the legal limit might not legally impair a driver, but it can still affect their brain and bodily functions. Examples include reduced alertness, increased reaction time, and exaggerated body movements. This can make it harder to steer, maintain a safe speed, and overall conduct oneself as a reasonable and defensive driver. So a person doesn’t necessarily have to be drunk for alcohol to play a role in a traffic accident. But it also doesn’t automatically prove that the driver was liable. Here, the plaintiff needs to be able to show that the driver was negligent in some way in conjunction with the effects of alcohol. This could be speeding, distracted driving, etc. A toxicologist, alcohol pharmacologist, or law enforcement expert could help a plaintiff extrapolate BAC data into how it helped contribute to the traffic collision and ensuing injuries. But a plaintiff should consult with an injury attorney before making such a significant investment in their claim.

Above the Legal Limit

Pursuing an injury claim against a driver whose BAC was above the legal limit is simpler than pursuing a driver who had alcohol in their system but was still legally considered sober enough to drive. A plaintiff may even be able to recover more specifically because the defendant was under the influence. A police report from an arrest will be helpful here, especially if that resulted in a conviction for DUI or reckless driving. If an injury claim proceeds to trial, the jury can award punitive damages meant to discourage the defendant from further wrongdoing. Driving drunk creates a substantial risk of harm to others, which satisfies the requirements for punitive damages to be awarded in an injury claim in Arizona. The amount awarded could be higher if the defendant had an especially high BAC (Extreme DUI or Super Extreme DUI) or they have previously been convicted of DUI.

Damages to Request in an Arizona Accident Claim

Many drivers assume that auto insurance will cover all of their expenses after being injured in a traffic collision. But it would actually take several different policies to compensate for all of the damages that can be pursued in a personal injury claim. The damages a plaintiff can recover will vary slightly from claim to claim, but the following are some of the most commonly pursued in Arizona accident claims:

Medical bills: This is the first damage that people think of in personal injury claims. The plaintiff should seek compensation for their full medical costs, not just their out-of-pocket liability after health care insurance coverage. The insurance company will seek compensation through subrogation from the injury claimant’s award.
Future medical costs: After a serious accident, it may take years for a plaintiff to fully recover, or they may need medical care for the rest of their life due to injuries they incurred in the accident. These must be pursued in the original injury claim- the plaintiff can’t file another lawsuit in the future for their subsequent medical expenses. These damages can be tricky to calculate, and an accurate calculation could require input from more than one medical expert.
Property damage: It’s rare for a person to be injured in a car accident without their vehicle being damaged as well. There could also be items inside a vehicle that are damaged in a traffic accident. Pursuing the full value of this damage can help increase the amount the plaintiff can pursue for general damages, discussed later on.
Disfigurement or disability: This damage can be pursued whether the plaintiff’s disfigurement or disability was temporary or permanent.
Lost wages: The plaintiff can pursue time missed from work due to medical appointments or per their doctor’s instructions for recovery. The plaintiff doesn’t need to neglect wages that were compensated through PTO.
Lost earning potential: It’s not difficult to imagine how serious physical injuries and disabilities could cause someone to lose money if they work a job requiring physical labor, but brain and spinal injuries could be debilitating in several types of career fields. Like future medical expenses, lost earning potential is a complicated damage to calculate and could require opinions from multiple experts.
Pain and suffering: This could be a highly relevant damage to pursue after a serious car crash. It is meant to compensate the plaintiff for all of the physical and mental anguish they experienced due to their injuries. This is because it is calculated using the sum of the rest of the plaintiff’s damages combined. One of the most common methods of calculating pain and suffering is the multiplier method.

Maximize Your Arizona Personal Injury Claim with an Experienced Accident Attorney

Alcohol is just one of countless factors that can affect a personal injury claim in Arizona. And just because a person didn’t consume enough to be charged with DUI doesn’t mean that it didn’t play a role in the accident that seriously upended the injured victim’s life. Calculating a fair sum for your injuries and actually receiving it from the opposing party are two separate and difficult tasks- and they are just two parts of what goes into a successful Arizona injury claim. The defendant’s insurance company will pay for adjusters who will attack your claim’s value, and lawyers who will fight to pay as small of an award as possible to meet their bottom line. Entering this legal battle without an experienced legal representative on your side will automatically put you at a disadvantage. But the good news is that with My AZ Lawyers, you don’t have to pay for high-quality injury representation until we settle or win your case. We offer an affordable contingency rate compared to competitors in our area.

After an accident, your first call should be to a doctor or other medical provider to have your injuries examined. Your second call should be to My AZ Lawyers to discuss steps you can take to protect your legal interests, namely your injury claim’s value. To schedule your free consultation by phone today, call 480-470-1504.