Hit by a Drunk Driver in Flagstaff: Your Injury Claim and the Criminal Case

By Joe Styler, Editor, not an attorney · Sources checked October 18, 2026

Short answer: if a drunk driver hit you, you have two separate things happening. The state prosecutes the driver in a criminal DUI case, and you have your own civil injury claim for your medical bills, lost income and the rest of your losses. The criminal case does not file your injury claim for you, and it does not wait for you either. A drunk driver accident claim in Arizona runs on its own deadlines, and in some cases a bar or store that kept serving an obviously intoxicated customer can share the liability.

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Two cases, two purposes

After a DUI crash, people around you may talk about “the case” and mean the criminal one. That case is the State of Arizona against the driver. It decides guilt and punishment: jail, fines, license action and an ignition interlock. You are a victim and a witness in it, not a party.

Your injury claim is different. It is your claim, against the driver and possibly others, for the money it takes to make you whole. It is handled by the driver’s insurer and, if it doesn’t settle, by a civil court. It has a lower burden of proof than the criminal case, so a driver can be found responsible for your injuries even if the DUI case ends in a plea to a lesser charge or a dismissal.

Criminal restitution helps, but has limits

Arizona law requires a court that convicts someone to order restitution to the victim for the full economic loss the court determines, under A.R.S. § 13-603(C). Restitution can cover out-of-pocket losses like medical bills and lost wages. It does not cover everything a civil claim can, such as pain and suffering, and collecting it depends on the driver’s ability to pay. Restitution and a civil claim can exist side by side; how one affects the other is a question for your lawyer.

Who can be responsible for a drunk driver crash

The driver

The driver is the first and clearest target. Their liability insurance responds to the claim. In Arizona, the minimum is $25,000 per injured person under A.R.S. § 28-4009, which is not much against serious injuries. When the driver’s limits run out, your own underinsured motorist coverage can matter a great deal.

A bar, restaurant or store that overserved

Arizona’s liquor liability law, A.R.S. § 4-311, makes a licensed seller liable when three things are proven: it sold alcohol to someone who was obviously intoxicated (or to someone under 21 without checking ID), the person drank it, and the drinking was a cause of the injury. “Obviously intoxicated” is defined in the statute as impaired so much that it showed in significantly uncoordinated movement or dysfunction a reasonable person would notice.

The law also limits these claims. Under A.R.S. § 4-312, a licensee is not liable to the adult who did the drinking, or to an adult companion who was drinking with them and knew they were impaired. A claim against a bar needs evidence, such as receipts, timelines, surveillance video and witnesses, and that evidence fades quickly. That is one of the main reasons to get a lawyer involved early in a DUI crash.

An employer

If the drunk driver was working at the time, for example making a delivery, an employer may also be responsible. Our page on delivery driver crashes explains how that question works.

What to do this week

• Get medical care and keep every record. Follow-up visits matter as much as the emergency room.
• Get the crash report and the case number. Our guide to getting a Flagstaff accident report covers Flagstaff Police, the Coconino County Sheriff and DPS.
• Write down what you saw, including anything the driver said or did, and where they had been, if you heard.
• Note names of witnesses and of any business the driver mentioned. Video at a bar is overwritten on a schedule, so time matters.
• Report the crash to your own insurer and ask what UM, UIM and medical payments coverage you have.
• Be careful with the driver’s insurer. You do not have to give them a recorded statement. See our page on dealing with the insurance adjuster.
• Contact the prosecutor’s victim services if you want updates on the criminal case and a chance to be heard on restitution.

Where DUI crashes happen around Flagstaff

The interstates and the routes into town carry heavy traffic year round: I-40 east and west of town, I-17 coming up from the Verde Valley, US 89 toward Page and US 180 toward Snowbowl and the Grand Canyon. Which agency investigated depends on location: Flagstaff Police inside city limits, the Coconino County Sheriff in unincorporated areas, and the Arizona Department of Public Safety on the state highways. A crash on tribal land can involve tribal or federal authorities. Our I-40 crash guide covers the corridor in detail.

Fault arguments still come up

Even when the other driver was drunk, an insurer may argue you share some fault, for example on speed or lane position. Arizona’s pure comparative fault rule, A.R.S. § 12-2505, reduces damages by the injured person’s share of fault but does not bar the claim. Our page on being partly at fault explains that math.

If someone was killed

When a DUI crash takes a life, the family’s claim is a wrongful death claim under A.R.S. § 12-611 and § 12-612. The two-year deadline runs from the date of death. Our fatal crash guide explains who can file.

Frequently asked questions

Do I have to wait for the DUI case to finish before making a claim?

No. Your injury claim is separate from the criminal case and runs on its own deadline, generally two years from the crash under A.R.S. 12-542. Waiting for the criminal case can use up time you need.

The driver pleaded to a lesser charge. Does that hurt my claim?

Not necessarily. The civil claim uses a lower burden of proof than the criminal case, and the evidence of impairment, such as test results and the officer’s report, can still matter in your claim.

Can I sue the bar that served the drunk driver?

Possibly. Arizona’s A.R.S. 4-311 allows a claim against a licensed seller that served someone who was obviously intoxicated, if that drinking helped cause the crash. These claims need evidence that disappears quickly, so it helps to act early.

What is restitution and does it replace my claim?

Restitution is money a criminal court orders a convicted driver to pay a victim for economic losses. It does not cover things like pain and suffering, and collecting it depends on the driver. It does not replace a civil injury claim.

What if the drunk driver had no insurance or too little?

Your own uninsured or underinsured motorist coverage may pay. Check your declarations page for UM and UIM limits and tell your insurer in writing that you may have a claim.

Can I get punitive damages from a drunk driver?

Arizona courts can award punitive damages in some cases involving very reckless conduct, but they are not automatic, and insurance may not cover them. A lawyer can tell you whether your facts support asking for them.

Related guides

• Flagstaff motor vehicle accident lawyer: the full guide
• Hit-and-run crashes
• What causes Flagstaff car accidents
• What is my car accident claim worth?
• Arizona car accident deadlines

Hurt by a drunk driver? Free and confidential

Talk to a lawyer while the evidence is still fresh. We’ll connect you with an independent licensed Arizona attorney who handles Coconino County crash claims.