DUI Utah Car Accident: What You Need to Know
If you’ve been injured in a DUI Utah car accident, understanding your legal rights and options is crucial. Drunk or drugged driving accidents can have devastating effects, but Utah law offers unique opportunities for victims to seek compensation. These include punitive damages and attorney fees. Hiring an experienced Utah car accident attorney like Jake Gunter can make all the difference in achieving a favorable outcome.
Key Facts About DUI Utah Car Accident Injury Cases
1. Attorney Fees for DUI Cases
In most personal injury cases, each party pays their own attorney fees. However, Utah’s punitive damages statute (Utah Code 78B-8-201) creates an exception for DUI cases.
- Attorney Fees Exception: The court may allow the injured party to recover attorney fees when the at-fault driver is under the influence of alcohol or drugs.
- Important Note: You must request punitive damages in your initial complaint, or you risk losing the opportunity to recover them.
2. Punitive Damages in DUI Car Accident Cases
Punitive damages punish reckless behavior and deter others from similar conduct.
- Requirements for Punitive Damages:
- Plaintiffs must receive general damages.
- Defendants’ actions must show recklessness, malicious intent, or willful disregard for others’ safety.
- Simpler Standard for DUI Cases: In DUI Utah car accident claims, you only need to prove that the driver was drunk or drugged and caused the crash. This is easier than proving reckless or intentional behavior, as required in other cases.
Examples of DUI Utah Car Accident Cases
Example 1: Drunk Driving Rear-End Collision
A drunk driver rear-ends you on State Street in Orem. You sustain neck injuries requiring a $50,000 surgery. With a strong case, you could recover:
- Medical Bills: $50,000
- Pain and Suffering: $60,000
- Punitive Damages: $40,000
Example 2: Drugged Driving on Meth
A driver under the influence of methamphetamine runs a red light on University Avenue in Provo. The high-speed collision results in your neck surgery. Because the driver was impaired, you can request both attorney fees and punitive damages.
Example 3: Prescription Drugged Driving
A driver on prescribed painkillers crashes into you in American Fork. Even if the driver followed their prescription, you can still pursue punitive damages due to their impaired driving.
DUI Utah Car Accident Convictions and Their Impact
Types of DUI Charges in Utah
- 41-6A-502 – Driving Under the Influence: Covers alcohol and drugs.
- 41-6A-502.5 – Impaired Driving: A reduced charge that avoids license suspension or mandatory jail time.
- 41-6A-517 – Metabolite Drugged Driving: Applies to drivers with controlled substances in their system, even if legally prescribed.
- 41-6A-528 – Reckless Driving: Often part of plea deals for “wet reckless” charges, which still meet punitive damage criteria.
Using Criminal Convictions in Civil Cases
- Guilty Pleas: Courts may use these as evidence in your civil case unless the offense involves a minor traffic infraction.
- No Contest Pleas: Courts do not allow these pleas to be used against the defendant in a civil case.
- Utah Rules of Evidence 416: Prohibits using traffic code violations (Class C or infractions) to prove fault in a civil lawsuit.
Why Hire an Experienced Attorney for Your DUI Utah Car Accident?
An experienced car accident attorney will help you:
- Build a strong case using evidence of the at-fault driver’s impairment.
- Pursue punitive damages and attorney fees effectively.
- Maximize compensation for medical bills, pain and suffering, and other damages.
Contact DUI Utah Car Accident Attorney Jake Gunter
If you’ve been injured in a DUI Utah car accident, let attorney Jake Gunter’s expertise work for you. Call or text **(801) 373-6345
Learn More About Utah Accident Lawyer Jake Gunter
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.