Arizona Drunk Driving Accident Immunity for the State

Accident and injury victims sue drunk drivers all of the time for fatal auto accidents in Arizona or serious harm caused by the incident. That is because people who drink and drive and cause injuries to others should be sued. When possible, they should not only have to worry about jail time, they should have to answer with their pocketbook. More needs to be done to prevent drunk drivers from causing injuries. If injury lawsuits and experienced personal injury lawyers in Arizona can deter people from getting behind the wheel while intoxicated and selfishly causing death and serious bodily harm to other innocent people, then that is what must be done.

Sometimes people only care about their money. Sometimes, they don’t care if they have to spend a few months in jail. However, if they thought that they could lose their house, their car, their savings, or anything else of valuable worth because of the harm they caused to somebody else, maybe they would actually take a cab, get a ride, or care a little bit more before they got behind the wheel of a car.

Having said that, as personal injury lawyers who help people who have been injured in drunk driving accidents in Arizona, we are troubled by the recent decision of the Arizona Court of Appeals, stated in a report, that grants immunity to the State of Arizona for its own negligence if a drunk driver is injured.

Now, understand that drunk drivers do not get the benefit of the doubt here. We do not believe drunk drivers should get off the hook for the injuries they suffer, nor do we believe drunk drivers should be compensated in every case that they are hurt. However, fair is fair. Either all drunk drivers who are hurt have no right to bring a claim (probably something that would be unconstitutional in Arizona), or everybody is on the hook for the injury they caused to everybody else, even if a drunk driver is the one who ends up getting hurt.

Now, in most cases if a drunk driver is involved in an auto accident in Phoenix and files a lawsuit claiming that he or she was the one who was hurt, then he or she is going to lose. Most jurors, most judges, most arbitrators, and most people will not give money to somebody who was drunk and behind the wheel when they got hurt.

However, this is what we have juries for. However, the State of Arizona has created its own set of laws to avoid responsibility for its own negligence. In this case, the court basically had to assume for the purposes of its decision that the State of Arizona was negligent and did in fact cause an injury and the State of Arizona still got off the hook when nobody else did. There should not be special laws that allow the government to be negligent, otherwise we simply encourage more negligence.

If you or anybody you know has questions after being injured by a reckless drunk driver in Arizona and you would like straight answers, feel free to give the top Arizona car accident attorneys at Breyer Law Offices, P.C. a call. Similarly, if the government is involved and they are trying to avoid responsibility for an injury they caused, please feel free to call us at 480-753-4534. However, understand that while there is often up to a two-year statute of limitations if a drunk driver causes the injury, if any kind of governmental employee or entity whatsoever is involved, your rights may be lost after less than six months. Therefore, if you or someone you know ever has any type of potential claim related to the governmental entity – considering the special laws that they continue to create for their own benefit but no one else’s – feel free to call us for the answers to the questions you may have.

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