Drunk Driving Accident Attorney in Tempe

Civil Claims for Injured Victims, Backed by Criminal Defense Knowledge

At Kent Law PLC, we represent people injured by drunk drivers in Tempe. Attorney Adam C. Kent guides our personal injury practice, and our team also handles criminal defense, which means we understand how DUI investigations are built, how law enforcement gathers evidence, and how insurance companies use that evidence against victims. That dual perspective directly informs how we evaluate car accident claims and counter the defenses insurers raise.

Our approach combines thorough investigation with meticulous case preparation. We work with local experts to assess the full extent of your injuries and what they’ll mean for your future, not just the immediate costs. Where needed, we connect clients with medical treatment and counseling as part of a broader commitment to recovery, not just legal resolution.

Injured by a drunk driver? A drunk driving accident lawyer in Tempe can help. Call (480) 359-5368 or contact us for your free consultation.

Arizona DUI Law & Your Civil Injury Claim

Arizona A.R.S. § 28-1381 sets the standard DUI limit at a blood alcohol concentration of 0.08% or higher for most drivers. Commercial drivers face a stricter 0.04% threshold, and drivers under 21 are subject to a zero-tolerance standard. Extreme DUI under A.R.S. § 28-1382 applies when BAC reaches 0.15% but less than 0.20%, carrying enhanced criminal penalties. A BAC of 0.20% or higher constitutes a “Super Extreme DUI” under the same statute, with even harsher consequences. These statutory thresholds matter in a civil claim because they establish a legal baseline for the driver’s conduct.

When a driver violates Arizona’s DUI statutes, that violation may support a negligence per se argument in your civil case. Negligence per se allows a statutory violation to serve as evidence that the driver breached their duty of care, without requiring separate proof of negligence. That can significantly simplify the liability question at the heart of your claim.

Civil and criminal proceedings are also independent. The criminal case uses the beyond-a-reasonable-doubt standard; your civil claim is decided by a preponderance of the evidence, meaning it’s more likely than not that the driver caused your injuries. A DUI arrest or conviction makes it harder for an insurer to dispute liability, but you can pursue and recover compensation even if criminal charges are reduced or the driver is acquitted. You don’t need to wait for the criminal case to conclude before moving forward.

Dram Shop Liability: Holding Bars & Restaurants Accountable

When a drunk driver caused your crash after being served at a bar or restaurant, the establishment may share legal responsibility. Arizona’s dram shop law, A.R.S. § 4-311, makes a licensed alcohol vendor civilly liable for damages if the vendor sold alcohol to a person who was obviously intoxicated at the time of sale, or sold alcohol to someone under the legal drinking age. This is a statutory cause of action with specific criteria that must be satisfied; common law dram shop theories are no longer available in Arizona.

Social hosts who serve alcohol to adult guests at private gatherings are generally not liable under A.R.S. § 4-311, though liability may apply when alcohol was served to a minor who then caused a crash.

Identifying dram shop liability matters most when a drunk driver carries only minimum bodily injury coverage. A commercial liability policy held by a bar or restaurant can meaningfully expand your recovery. Evidence in these cases typically includes surveillance footage, server testimony, purchase records, and witness accounts establishing that the patron was visibly impaired when alcohol was served. Because the filing deadline for dram shop claims may be shorter than the standard two-year personal injury window under A.R.S. § 12-542, consulting an attorney promptly after a crash is important to protect all potential claims.

Steps to Take After a Drunk Driving Accident in Tempe

The actions you take in the hours and days after a crash have a direct impact on your ability to recover compensation. Here’s what matters most:

• Call 911 and Prioritize Medical Care: Get emergency help and seek a medical evaluation even if injuries seem minor. Concussions, internal injuries, and soft tissue damage often don’t produce immediate symptoms, and documented medical care is foundational to your claim.
• Document the Scene: Photograph vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses before they leave.
• Report the Accident: Reporting to Tempe police creates an official record. Any DUI arrest documented in that report becomes important evidence in your civil claim.
• Preserve All Records: Keep medical records, bills, receipts, and appointment notes from the date of the crash forward.
• Contact an Attorney Before Talking to Insurers: Insurance adjusters work to minimize payouts. Speaking with a drunk driving accident attorney in Tempe before giving any recorded statement protects you from missteps that could be used against your claim.
• Don’t Discuss Fault at the Scene: Avoid any statements about fault with the other driver or bystanders before you’ve spoken with legal counsel.

Arizona’s two-year statute of limitations under A.R.S. § 12-542 gives victims a defined window to file. Delay causes practical harm as well: witness memories fade, surveillance footage is overwritten, and physical evidence disappears. Early attorney involvement can help prevent those losses.

Compensation Available in a Drunk Driving Accident Claim

Drunk driving accident victims in Tempe may be entitled to a broad range of damages. The categories below reflect what Arizona law permits, though the specific value of any claim depends on the facts of the case.

Economic Damages
These cover measurable financial losses: emergency care, hospitalization, surgery, physical therapy, specialist consultations, prescriptions, and projected future medical needs. Lost wages compensate income you couldn’t earn while recovering. When injuries permanently affect your ability to return to previous employment, loss of earning capacity addresses that long-term impact.

Non-Economic Damages
Compensation for physical pain, emotional distress, scarring, disfigurement, and diminished quality of life falls outside the ledger of receipts but is legally recoverable. These damages are real, and we work to document and quantify them fully.

Punitive Damages
Arizona law allows punitive damages in drunk driving cases where the driver’s conduct was especially egregious. These damages go beyond compensating the victim and are intended to punish extreme misconduct. They’re separate from compensatory damages and aren’t available in every case.

Arizona follows a pure comparative negligence rule, which means your recovery is reduced by your own percentage of fault, but you can still recover even if you share some responsibility for the crash. Insurance companies routinely challenge claims by asserting pre-existing conditions, citing gaps in treatment, or arguing the crash had other causes. We anticipate these tactics and build the case with those challenges in mind.

Why Injured Victims in Tempe Work with Kent Law PLC

Our no-win, no-fee policy means you pay no attorney fees in personal injury cases unless we recover compensation on your behalf. No upfront costs, no financial risk in consulting with us. That structure reflects a direct alignment of interests: we succeed when you do.

The free initial consultation gives you a clear picture of your options without any obligation. From there, we build a legal strategy around your specific circumstances: your injuries, your financial losses, and your life beyond the legal file. We don’t apply a template to claims; each case gets individualized attention.

Our familiarity with Tempe’s legal environment and Maricopa County Superior Court procedures informs how we approach evidence, negotiation, and litigation. Our criminal defense work adds another layer: we understand how DUI evidence is assembled from the law enforcement side, which lets us identify weaknesses in the narrative insurers construct and counter them precisely.

Rely on the experience of a skilled drunk driving accident attorney in Tempe. Contact us or call (480) 359-5368 now to arrange your consultation without delay.

Frequently Asked Questions

Can I File a Civil Claim if the Drunk Driver Was Also Criminally Charged?

Yes. Criminal and civil proceedings are independent, each governed by a different burden of proof. You don’t need to wait for the criminal case to resolve before pursuing compensation, and a DUI arrest or conviction can strengthen your civil claim even if it doesn’t result in a criminal conviction.

Can I Pursue Compensation if the Drunk Driver Was Overserved at a Tempe Bar or Restaurant?

Possibly. Arizona’s dram shop law, A.R.S. § 4-311, allows claims against licensed establishments that served a visibly intoxicated patron. If the bar or restaurant that overserved the driver carried commercial liability insurance, that coverage may be available to you. Consult an attorney promptly because dram shop claims may carry a shorter filing deadline than the standard two-year personal injury limitation period.

What if I Was Partially at Fault for the Crash?

Arizona’s pure comparative negligence rule means you can still recover compensation even if you share some fault for the accident. Your total recovery is reduced by your percentage of fault, but partial fault doesn’t bar your claim entirely. The specific facts of the crash determine how fault is allocated.

How Does the No-Win, No-Fee Policy Work?

You pay no attorney fees unless we successfully recover compensation for you. There are no upfront costs, and the free initial consultation carries no financial obligation. This arrangement ties our incentive directly to your outcome and removes the financial barrier that might otherwise prevent someone from seeking legal help after a serious crash.

What Can I Expect from the Legal Process?

The process typically begins with investigation and evidence gathering, followed by filing a claim against all liable parties. We negotiate with insurance companies to pursue a fair settlement, and if one can’t be reached, the case may proceed to Maricopa County Superior Court. Throughout, we provide regular updates so you understand where things stand and what comes next.

Secure Your Recovery with a Free Consultation

The aftermath of a drunk driving crash is disorienting, but the steps you take early on determine how much protection you have later. At Kent Law PLC, we give every client clear, actionable guidance from the first conversation forward. There’s no financial obligation to speak with us, and no attorney fees unless we recover for you. Call (480) 359-5368 to discuss your situation with our team.

Hurt in a crash with a drunk driver? Speak with a drunk driving accident lawyer in Tempe. Call (480) 359-5368 or contact us online for experienced legal help.