What Should You Do If You Are Hit by a Drunk or Drug-Impaired Driver?

Being hit by an impaired driver changes everything in a matter of seconds. One moment, you’re going about your day. Next, you’re dealing with injuries, medical bills, emotional trauma, and a situation you never asked for. What makes it harder is knowing it was preventable. Someone made a choice to get behind the wheel while impaired, and now you’re paying for it.

The steps you take immediately following the crash can shape the results of your injury claim. Acting quickly, documenting the right evidence, and securing experienced legal representation are not optional extras. They can be the difference between fair compensation and leaving money on the table. our team at Rachel Frazier Johnson Law can help you take action.

Here’s what to do if you were hit by a drunk or drug-impaired driver in Arizona:

• Call 911 and report the accident immediately.
• Tell the police you suspect the driver is impaired.
• Seek medical attention right away, even if you feel fine.
• Document the scene with pictures and witness information.
• Avoid making statements about fault at the scene.
• Contact an experienced Arizona personal injury attorney as soon as possible.

First, Seek Medical Care and Call the Police

Your safety comes first. Call 911 immediately, even if the other driver appears cooperative or claims the accident was minor. When law enforcement suspects impairment, they will typically administer field sobriety tests and may require chemical testing. That official record becomes a key piece of evidence in your claim.

Once help is on the way, seek medical attention without delay. Some injuries, particularly internal trauma and head injuries, do not present obvious symptoms right away. A prompt medical evaluation creates a documented link between your injuries and the crash, which matters when building your case later.

How Do You Collect Evidence of Alcohol or Drug Impairment?

While you wait for police to arrive, gather as much evidence as you safely can. Use your phone to photograph:

• Vehicle damage and the surrounding accident scene
• Skid marks, debris, and road conditions
• Any visible signs of impairment, such as open containers in the other driver’s vehicle

Note the other driver’s behavior and physical appearance. Slurred speech, bloodshot eyes, and unsteady movement are all relevant observations. Collect contact information from witnesses while the details are still fresh, and ask the responding officer for their report number before leaving the scene.

Avoid making any statement about fault or apologizing, even casually. Those comments can surface later and be used against you. Stick to factual descriptions of what you observed.

How Do DUI Charges Affect Your Injury Claim in Arizona?

Many people assume that a criminal DUI conviction automatically resolves their injury claim. It does not. Criminal proceedings and civil personal injury claims are entirely separate processes.

The state prosecutes the driver for the DUI. Your civil claim is yours alone to pursue. A DUI conviction may strengthen your case by providing powerful evidence, but it does not replace the need to file your own claim for compensation.

In some cases, Arizona law also allows victims to pursue claims against the establishment that served the driver alcohol. Under Arizona’s dram shop law (A.R.S. § 4-311), a bar, restaurant, or nightclub may face civil liability if it serves alcohol to someone who was visibly intoxicated and that person subsequently caused a crash.

There is one important time limit to keep in mind: Arizona Revised Statutes § 12-542 sets the statute of limitations for most personal injury claims at two years from the date of the accident. Waiting too long risks losing your right to file entirely.

What Compensation Can You Recover After an Impaired-Driving Crash?

Arizona law allows injured victims to pursue a wide range of damages following an impaired-driving crash. These fall into two main categories:

Economic damages cover measurable financial losses, including:

• Past and future medical bills for surgeries and rehabilitation
• Lost income and reduced earning capacity
• Property damage to your vehicle
• Costs for long-term care or assistive devices

Non-economic damages address harder-to-quantify losses, such as:

• Physical pain and suffering
• Emotional distress and anxiety
• Loss of enjoyment of life

Arizona courts may also award punitive damages in cases where the driver’s conduct was especially reckless. According to the Arizona Court of Appeals in Olson v. Walker, a driver who knowingly chooses to drive while significantly impaired may meet the legal standard for punitive damages, as that choice creates a serious risk of substantial harm to others.

Ready to Take the Next Step? Contact Rachel Frazier Johnson Law

Being hurt by an impaired driver is a traumatic experience, and the legal process that follows can feel just as disorienting. You deserve an attorney who will listen, fight for what you are owed, and stand beside you every step of the way.

At Rachel Frazier Johnson Law, our team has spent over 29 years representing injured clients across Arizona. We have secured over $1 million for clients involved in multi-vehicle collisions caused by impaired drivers, and our firm is ready to put that experience to work for you. Contact us for a consultation. There is no pressure and no upfront cost.