Being struck by a drunk driver is one of the most devastating — and entirely preventable — types of car accidents. If you or a loved one was injured by a DUI driver in Scottsdale, you may be entitled to more compensation than a standard car accident claim, including punitive damages designed to punish the drunk driver’s outrageous conduct. Our experienced Scottsdale car accident lawyers has extensive experience pursuing DUI crash victims’ full legal rights. Call us at (602) 922-7642 for a free consultation today.
Scottsdale’s Drunk Driving Problem
Scottsdale’s nationally recognized entertainment district — Old Town Scottsdale — along with its resort corridor, nightclubs, and upscale restaurant scene generates significant drunk driving risk, particularly on weekend nights and during major events. The stretch of Scottsdale Road between Camelback Road and Indian Bend Road, along with the AZ-101 Loop on-ramps near Scottsdale, see elevated DUI-related crash rates.
Arizona consistently ranks among the top states for DUI arrests, and Maricopa County leads the state. According to ADOT data, impaired driving contributes to more than 25% of Arizona’s annual traffic fatalities. If you were hit in Scottsdale’s entertainment district or anywhere in the city, our attorneys know this landscape.
Your Civil Claim Is Separate From the Criminal Case
When a drunk driver is arrested, the State of Arizona prosecutes them criminally. That process — fines, license suspension, possible jail time — is handled by the prosecutor’s office and has nothing to do with your financial compensation.
To recover for your medical bills, lost wages, pain and suffering, and other damages, you must pursue a separate civil personal injury claim. GLG handles your civil case while the criminal process plays out. In fact, a criminal conviction or guilty plea is powerful evidence in your civil case.
| ⚖️ Key Point: A DUI conviction is not required to win your civil case. The civil standard is ‘preponderance of the evidence’ (more likely than not) — much lower than the criminal ‘beyond a reasonable doubt’ standard. Even if charges are reduced or dropped, you can still recover civil damages. |
Punitive Damages in Scottsdale DUI Accident Cases
Arizona civil courts can award punitive damages in DUI crash cases. Unlike compensatory damages (which cover your actual losses), punitive damages are designed to punish the drunk driver and deter similar conduct. Courts consider punitive awards when the defendant’s actions were intentional, wanton, or showed conscious disregard for others’ safety.
Factors that strengthen a punitive damages claim include:
- A BAC significantly above the 0.08 legal limit
- Prior DUI convictions — a repeat drunk driver shows conscious disregard for public safety
- The drunk driver was driving on a suspended or revoked license
- The drunk driver fled the scene
- Children were present in either vehicle
Punitive awards in DUI cases can equal or exceed actual damages, substantially increasing total recovery.
Arizona Dram Shop Liability — Can the Bar Be Responsible?
Under Arizona’s dram shop law (A.R.S. § 4-311), a licensed liquor establishment can be held civilly liable if it sold or served alcohol to a person who was obviously intoxicated, and that intoxicated person then caused injury to a third party.
If you were hit by a drunk driver who was drinking at an Old Town Scottsdale bar, nightclub, or restaurant before the crash, there may be a viable dram shop claim against that establishment in addition to the driver. This is significant because:
- Bars carry commercial liability insurance with much higher limits than individual drivers
- It creates an additional defendant with deeper pockets
- It punishes establishments that continue serving visibly intoxicated patrons
Dram shop claims require quick action — surveillance footage from bars is often deleted within days. GLG moves immediately to preserve this evidence.
Compensation Available in Scottsdale DUI Accident Claims
In a drunk driving accident case, you can pursue all standard car accident damages plus the possibility of punitive awards:
- All medical expenses — emergency, surgical, rehabilitative, and future care
- Lost wages and lost earning capacity
- Pain and suffering — often valued higher in DUI cases given the outrageous nature of the conduct
- Emotional distress and PTSD (very common after DUI crashes)
- Property damage and diminished vehicle value
- Wrongful death damages if a family member was killed
- Punitive damages (assessed by jury or agreed in settlement)
What to Do If a Drunk Driver Hit You in Scottsdale
- Call 911 immediately — request police and medical response
- Tell the responding officer if you smell alcohol or see signs of impairment in the other driver
- Request that the officer conduct field sobriety and breathalyzer tests
- Photograph the scene, both vehicles, the other driver (from a safe distance), and your injuries
- Get witness names and contact information — eyewitness accounts of impaired driving are valuable
- Seek emergency medical treatment that same night
- Call GLG at (602) 922-7642 before giving any statement to the other driver’s insurance
Frequently Asked Questions — Scottsdale DUI Accident Claims
Can I sue a drunk driver in Arizona even if they weren’t arrested?
Yes. An arrest is not required. The civil standard of proof is much lower than criminal prosecution. If the evidence shows the driver was impaired and caused your injuries, you can recover civil damages regardless of whether police made an arrest or charges were filed.
What if the drunk driver has minimal insurance coverage?
Arizona minimum insurance ($25K/$50K) is often insufficient in DUI crashes involving serious injuries. Our attorneys investigate all sources of recovery: the driver’s full assets, dram shop claims against the serving establishment, your own UM/UIM coverage, umbrella policies, and employer liability if the driver was on duty.
How long do I have to file a drunk driving accident claim in Arizona?
Two years from the date of the crash for personal injury claims (A.R.S. § 12-542). However, dram shop claims against bars may carry different notice requirements. Contact an attorney as soon as possible — evidence preservation (surveillance footage, bar receipts, witness memories) is time-critical.
Will I have to testify in the drunk driver’s criminal case?
You may be contacted by the prosecutor and asked to provide a victim impact statement. Your civil attorney can advise you on how to participate in the criminal process in a way that also protects your civil claim. The two processes are separate but can reinforce each other.
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