A crash caused by an impaired driver can leave you dealing with injuries, damaged property, insurance questions, and a criminal case involving the other driver. It is a lot to manage at once. Start by getting medical care and documenting what happened; you do not need to wait for the criminal case to finish before asking about an injury claim.
This page explains the main steps after a DUI-related crash in Utah and how a civil injury claim differs from the criminal process. The evidence, injuries, insurance policies, and deadlines in each case can vary.
What to do after a crash involving an impaired driver
- Get to safety and call 911. Request emergency help for anyone who may be injured. Tell the responding officer what you observed, without guessing about the other driver’s condition or the cause of the crash.
- Get medical care. Seek an evaluation and follow your care team’s advice. Some injuries are not obvious immediately. Keep visit summaries, bills, prescriptions, referrals, and work restrictions.
- Preserve the crash information. Save the police report or report number, citation or case information you receive, photos, witness contacts, and any messages from insurers. If you have dashcam footage, save the original file.
- Keep track of your losses. Record missed work, out-of-pocket costs, vehicle damage, and how the injury affects daily activities. Keep receipts and copies of estimates or repair records.
- Be careful with early insurance requests. You can give basic information needed to report the crash, but avoid guessing about fault or the full extent of your injuries. Consider getting advice before giving a recorded statement or signing a release.
Watch a short overview of the first steps after a Utah crash:
For a fuller checklist, see our Utah drunk-driving accident guide and car accident guide.
The criminal case and the injury claim are different
The state brings a criminal case to address whether the driver violated criminal law. A civil injury claim is a separate process to determine responsibility for the crash and compensation for resulting losses. The cases may involve overlapping evidence, such as the crash report, witness statements, test results, and statements made in court, but criminal charges or an arrest do not by themselves decide a civil claim.
You may be able to participate in the criminal process as a victim and provide information about financial losses for a restitution request. Criminal restitution is different from a civil injury claim, which may address a wider range of losses. Any payments may affect how amounts are credited, so coordinate with the prosecutor and get advice about the civil case. Utah law recognizes a victim’s right to bring a civil action separately; see Utah Code § 77-38b-303.
What evidence may matter?
Evidence may include the crash report, photographs, witness accounts, video, vehicle damage, medical records, and available information from the criminal investigation. A lawyer may be able to request records through the appropriate process, but some evidence can be overwritten or lost, so preserve what you already have as soon as possible.
You are not responsible for obtaining every police or prosecution record yourself. Keep any case number, officer contact information, court notices, and prosecutor contact details you receive. If you have questions about victim notifications or restitution, the prosecutor’s victim advocate may be able to explain the criminal-court process.
Insurance and compensation
The at-fault driver’s auto liability policy may be relevant. Your own auto policy may also provide benefits depending on the coverage and circumstances, and health insurance may be part of coordinating medical bills. Coverage limits, exclusions, and available policies vary. Don’t assume an arrest means the driver has insurance or that one insurer will pay every loss.
Depending on the evidence, injury-related losses may include medical expenses, lost income, pain, and effects on daily life. Vehicle repair or replacement and related property losses may be handled separately. Utah’s punitive-damages law treats certain claims involving a motorist driving while voluntarily intoxicated or under the influence differently from other claims, but punitive damages are not automatic. The evidence and statutory requirements still matter. See Utah Code § 78B-8-201 and our guide to punitive damages in Utah DUI crashes.
In Utah, personal injury protection (PIP) may be available through an applicable auto policy. Which policy applies to you and what benefits are available depend on the circumstances and policy terms. Review our guide to Utah PIP benefits.
Could an alcohol provider also be responsible?
Utah’s Alcoholic Product Liability Act may allow a claim against a business or other person who provided alcohol in certain circumstances, such as when the recipient was under 21 or was apparently under the influence. The statute sets out specific requirements and exceptions; merely serving the driver before a crash does not establish liability.
Whether a potential provider claim exists can depend on where and how the alcohol was provided and what evidence is available. Records, receipts, witness accounts, and video from a business may be time-sensitive. Learn more about dram shop liability in Utah and see Utah Code Chapter 32B, Part 15.
How long do I have to act?
Different deadlines may apply to injury claims, wrongful-death claims, claims against a public entity, and alcohol-provider claims. A criminal case does not necessarily pause a civil deadline. Because the right deadline depends on the claim and parties, get advice promptly rather than relying on a general time limit.
Use the firm’s Utah deadline calculator as a starting point, not a substitute for checking the deadline for your specific situation.
When to speak with a lawyer
Consider talking with a lawyer if you suffered a significant injury, the driver’s insurer disputes responsibility, there may be an alcohol-provider claim, a loved one died, or you receive documents asking you to release claims. A lawyer can help preserve evidence, review insurance issues, and explain how the criminal and civil processes relate to your situation.
Gunter Injury Law represents people injured by impaired drivers in Utah County and statewide. Call or text (801) 373-6345 or request a consultation to discuss what happened.
Call (801) 373-6345