Can You Get More Compensation From a Drunk Driver Than a Sober One?

Standard Damages Still Apply

A drunk driving accident claim still includes the standard categories of damages, medical bills, lost wages, pain and suffering, just like any other car accident case, calculated based on the actual harm caused. Nothing about the drunk driving element removes or replaces this baseline, it adds to it.

Because impaired driving accidents are frequently more severe, higher speeds, delayed reaction, failure to brake at all, the underlying economic and non-economic damages in these cases are often larger than in an average car accident to begin with, well before any punitive damages are added.

Punitive Damages: The Real Difference

Arizona law allows punitive damages in cases involving especially reckless or intentional conduct, and driving under the influence is a common basis for seeking them. These damages exist to punish the wrongdoer, not just compensate the victim, and can significantly increase a case’s value beyond the standard economic and non-economic damages.

Courts generally look at the degree of impairment, the driver’s conduct leading up to the crash, and whether they showed a conscious disregard for others’ safety in deciding whether punitive damages are appropriate and how substantial they should be.

The Criminal Case and the Civil Claim Are Separate

A DUI criminal prosecution does not itself compensate you. A separate civil claim needs to be filed to recover damages, though the criminal case’s outcome and evidence, police reports, blood alcohol test results, officer testimony, can support the civil claim significantly.

Because the civil claim uses a lower burden of proof (preponderance of the evidence) than the criminal case (beyond a reasonable doubt), a civil claim can succeed even if criminal charges are reduced, dismissed, or result in an acquittal.

Dram Shop Liability: Is a Bar or Restaurant Ever Liable?

In some circumstances, an establishment that over-served a visibly intoxicated patron, or served a minor, who then caused an accident may share liability, this is a fact-specific area worth discussing with an attorney if alcohol service played a role.

Investigating this angle generally requires looking at when and where the driver was drinking before the crash, whether staff continued serving an obviously intoxicated patron, and whether the establishment had responsible beverage service policies in place and followed them.

Evidence That Strengthens a Drunk Driving Claim

Police reports documenting field sobriety tests, breathalyzer or blood alcohol results, and officer observations of impairment are central pieces of evidence. Witness statements about the driver’s behavior before the crash, erratic driving, speeding, swerving, can also support the claim independent of the official test results.

Surveillance footage from establishments the driver visited before the crash, if a dram shop claim is being considered, and any receipts or records showing how much alcohol was served, can be important supporting evidence as well.

How Insurance Companies Handle DUI Claims

Insurers generally cannot avoid paying a claim simply because their insured was driving under the influence, DUI itself does not void standard liability coverage in most circumstances, though insurers may separately pursue their own policyholder for reimbursement in some cases.

Insurers may still dispute the extent of injuries or attempt to minimize the claim using the same tactics seen in any car accident case, the presence of a DUI does not automatically mean an insurer will offer full and fair value without pushback.

Steps to Take if You Were Hit by an Impaired Driver

1. Ensure police respond to the scene and conduct a proper investigation, including sobriety testing of the other driver.
2. Get medical attention and document your injuries thoroughly.
3. Request a copy of the police report once available, including any DUI charges filed.
4. Preserve any evidence of where the driver was drinking beforehand, if known.
5. Consult an attorney about pursuing both standard and punitive damages, and any potential dram shop claim.