A car accident can be a traumatic incident. Even relatively minor collisions can lead to confusion, shock, and even anger on the part of all parties involved. While the first priority should be obtaining medical assistance for any injuries, a lawyer will become essential to help you navigate the legal, insurance, and financial complexities that can crop up next.
As you begin to consider your options, it’s important to recognize that the kind of lawyer you need depends on the circumstances of the accident. For example, if you were the victim of a car accident and have sustained injuries, you may need to file a personal injury claim. However, if you caused the accident, a criminal defense case may be necessary to protect your interests.
If you have been involved in a car accident and are uncertain what kind of lawyer you need, learn more about which situations require a criminal defense attorney, a personal injury attorney, or both.
Scenario 1: Accidents Without Criminal Charges
Many auto accidents are considered minor collisions, or “fender benders,” in which no major laws were broken. Still, if your accident occurred in the Valley area, a car accident personal injury attorney in Phoenix can help.
Even after a minor car accident, it is crucial to follow some important steps to avoid legal issues and ensure your attorney can help you preserve your rights.
- Identify Any Injuries – Even if the accident was minor and you do not believe that you have been injured, you should still seek medical attention to make sure that no hidden injuries have occurred. Sometimes, injuries may not reveal themselves until later, but having proof that you sought medical attention eliminates the opportunity for the other party to claim that the accident caused no injuries.
- Stay at the Scene – Immediately after an accident takes place, it’s important to follow Arizona law by staying at the scene of the accident until personal information has been exchanged between all parties involved (ARS 28-663).
- Call Law Enforcement – It is also imperative to contact law enforcement so authorities can file an accident report (ARS 28-666).
- Gather Evidence – At this time, gather any helpful evidence from the scene, including information from eyewitnesses and photographs and/or videos of the damage.
- Contact an Attorney – Before filing a claim with your insurance company, it’s important to consult with an attorney. An attorney is an essential resource for navigating insurance issues as well as pursuing a personal injury settlement in civil court.
Typically, minor accident cases are resolved through insurance payouts. If no laws were broken, no criminal charges would be involved. A personal injury attorney can help you negotiate with the insurance company and ensure a fair payout. A personal injury attorney can also represent you as the victim in any civil court actions, helping you pursue compensation, such as economic and non-economic damages and, in some instances, punitive damages.
If You’ve Experienced a Minor Accident:
If you’ve experienced a minor car accident without associated criminal charges, here’s what you can expect from The Valley Law Firm:
- Who Handles It? Personal Injury Attorney
- What’s at Stake? Insurance claim settlements, medical expenses, and damages.
- Our Role: The Valley Law Group represents the victim seeking compensation.
- Outcome: The case is typically handled through insurance. There will be no criminal record or charges involved.
Scenario 2: Accidents Involving DUI Charges
If you have been charged with a DUI after causing a car accident in the Phoenix area, it is crucial to consult with a DUI criminal defense lawyer in Arizona. Any car accident involving a serious violation of traffic law can mean serious consequences. Arizona is known for having some of the strictest laws concerning DUI.
A standard DUI refers to a driver with a blood alcohol concentration (BAC) of at least 0.08% (ARS 28-1381). If convicted of a first offense DUI, potential penalties can include losing driving privileges and your driver’s license. Depending on the severity of the charges, you may also be fined, serve time in prison, complete community service, and face treatment requirements. A conviction will result in a criminal record.
Extreme DUI is assessed in cases where a driver had a BAC between 0.15% and 0.20% (ARS 28-1382). A first-time extreme DUI offense can result in penalties such as jail time, fines, license suspension, and having an interlock ignition device installed in your vehicle.
A super extreme DUI occurs when an individual drives with a BAC of 0.20% or greater (ARS 28-1382). An aggravated DUI refers to driving under the influence with a suspended license, revoked driving privileges, (ARS 28-1383). These charges can result in mandatory minimum jail sentences of at least 45 days, hefty fines, alcohol counseling, license suspension, and an ignition interlock device.
Seeking legal assistance after a DUI accident is essential, as a criminal defense lawyer can defend you, the accused driver, and build a strong defense to protect your rights. An attorney may be able to help you pursue reduced charges if procedural errors impacted your case. A criminal defense attorney can also seek to reduce the penalties you receive, often by offering legal alternatives like an alcohol treatment program in exchange for jail time.
Criminal proceedings are handled in court and are separate from any civil personal injury claims. If a DUI accident results in personal injury claims, you may need a personal injury defense attorney to help you navigate those claims and minimize their impact on your livelihood. The criminal defense attorneys at The Valley Law Group are well-versed in personal injury defense.
If You’ve Caused a DUI Accident:
If you have been accused of causing a car accident while driving under the influence, here’s a brief summary of how The Valley Law Group can help:
- Who Handles It? Criminal Defense Attorney
- What’s at Stake? Your freedom, driver’s license, and your criminal record. You also face fines and jail time.
- Our Role: We represent you as the accused driver and build a strong defense to protect your rights.
- Outcome: Criminal proceedings are handled in criminal court and are separate from any civil personal injury claims. Our attorneys can help you navigate both cases.
Scenario 3: Victim of a DUI-Related Accident
If you were the victim of a drunk driving accident and you sustained injuries, it is important to consult with a personal injury attorney. Not only are you experiencing pain and trauma due to your injuries and the events of the accident, but you likely also face expensive medical bills while also losing wages as you are forced to take time off work. A personal injury attorney can help you file a claim to pursue compensation for these damages.
Arizona is considered an at-fault state, which means the driver responsible for the accident can be found financially liable for damages to the other party involved. In some cases, both parties may share fault for the incident. However, the comparative negligence rule lets both claim a percentage of the damages (ARS 12-2505).
If the other driver’s actions while under the influence directly caused the accident and caused financial damages like medical bills and lost wages, you can pursue a claim with the insurance company and in civil court. Filing a claim with support to demonstrate the other driver’s negligence or criminal acts (in the event of a DUI accident) can help you secure compensation.
Drunk driving accidents can be very severe. Some of the injuries that can result from these accidents include:
- Traumatic brain injuries
- Internal bleeding
- Amputations
- Damaged nerves
- Paralysis
- Injuries to the neck
- Injuries to the spine
- Injuries to the chest
- Death, potentially resulting in a wrongful death claim
A personal injury attorney is a crucial resource to help you identify and thoroughly assess your damages to estimate fair compensation. They can also thoroughly investigate the incident, gathering evidence to support your case and helping you determine the best legal strategy. A skilled personal injury attorney can be key to establishing the liability of the at-fault party, finding necessary evidence to prove that the other driver’s negligence caused the accident that resulted in your injuries and their associated damages. Your attorney can negotiate with insurance companies and the other party’s attorney to secure just compensation.
Some important considerations that can impact compensation in a DUI injury claim include:
- The severity of your injuries
- Whether you will fully recover from these injuries
- Whether you are able to return to work or must work at a limited capacity
- The circumstances of the accident and the party at fault
- The evidence discovered
- Relevant insurance policy terms
A common complication experienced in this kind of case involves insurance companies delaying or denying claims due to the implications of criminal DUI charges. Securing the services of an attorney to negotiate with the insurance company can be extremely beneficial. Legal help after a DUI crash can help you pursue compensation from the at-fault driver’s insurance and explore additional legal avenues, like punitive damages.
If You Were a Victim in a DUI Accident:
If you were hit by a drunk driver and experienced injuries or other financial damages, you need representation from a personal injury attorney.
Here’s a summary of how The Valley Law Group can help:
- Who Handles It? Personal Injury Attorney
- What’s at Stake? You may be facing medical bills, lost wages, and even the impacts of pain and suffering.
- Potential Complications: Insurance companies may delay or deny claims due to the DUI context of the accident.
- Our Role: The Valley Law Group’s personal injury attorneys will pursue compensation from the at-fault driver’s insurance and help you explore the possibility of filing a personal injury claim in civil court.
- Outcome: While DUI cases can be tricky, they are winnable with the help of a skilled personal injury attorney who can develop a solid legal strategy to overcome insurance coverage barriers.
Understanding the Overlap
After a car accident, one of the first considerations that must be made is whether to hire an attorney specializing in personal injury or criminal defense law in Arizona. While many cases require either criminal defense or personal injury attorneys, there are cases where both practice areas are relevant. These cases typically involve an injury-causing accident that stems from criminal acts, which must be handled in both criminal and civil court.
As mentioned, DUI crashes are a key example of this kind of overlap. A drunk driver who causes a crash is responsible for injuries to other parties, according to Arizona law. They will face criminal charges for driving under the influence of drugs or alcohol and may also need personal injury defense in civil court. In this way, a crash can necessitate representation from a criminal defense attorney and a personal injury attorney, often from the same firm. The other involved party can pursue a civil claim to secure compensation for damages, which will require representation from yet another personal injury attorney.
If you are accused of criminal behavior during a car accident that caused injuries to another individual, attorneys at The Valley Law Group can provide both criminal defense and personal injury representation. Our attorneys have decades of experience helping clients navigate the legal consequences of DUI and other auto incidents via effective criminal defense strategies. Representation from The Valley Law Group can also help you minimize your financial liability during a personal injury hearing in civil court. Our seamless support on both fronts can ensure you protect your rights and your freedom.
Likewise, if you have experienced injuries and their associated financial damages from a car accident, the personal injury attorneys at The Valley Law Group are an essential resource. We can help you advocate for your needs and ensure you pursue fair compensation for your damages.
When to Call Us
If you’ve recently experienced a car accident, you may need to contact an attorney.
Contact The Valley Law Group if:
- You were injured in a car accident that was someone else’s fault
- You’ve been charged with a DUI, reckless driving, or a hit-and-run
- You’re not sure whether you need an attorney to defend you or pursue compensation for your injuries
Whether you’re facing criminal charges or recovering from a car crash, the seasoned criminal defense and personal injury attorneys at The Valley Law Group can help. Contact us to schedule a free consultation with our legal team today.
Sources:
- Arizona Revised Statutes § 28-663. (n.d.). Duty to give information and assistance. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/00663.htm
- Arizona Revised Statutes § 28-666. (n.d.). Accident reports; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/00666.htm
- Arizona Revised Statutes § 28-1381. (n.d.). Driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01381.htm
- Arizona Revised Statutes § 28-1382. (n.d.). Extreme DUI; violations; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01382.htm
- Arizona Revised Statutes § 28-1383. (n.d.). Aggravated driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01383.htm
- Arizona Revised Statutes § 12-2505. (n.d.). Comparative negligence; effect of contributory negligence; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/12/02505.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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