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Where you hit by a Utah Drunk Driver?
Here is what you need to know?
The Legal Consequences of DUI Car Accidents in Utah
Types of Utah DUI Charges. There are many different types of DUI like charges for driving under the influence in Utah. With many of these charges, the at-fault DUI driver will likely be going to jail. For a list of DUI charges see 41-6a-501(2).
Justice Court v. District Court. DUI cases will be charged in a Utah Justice Court if a Class B Misdemeanor or below.
If an injury, the driver has prior DUIs or children under 16 years old when the DUI occurred, then it can be a Felony or Misdemeanor A, charged in a Utah District Court. See Utah Code 41-6a-502.
Prosecutors to Contact. If you are in the District Court, it will be the county attorney’s office to contact about criminal restitution. If the DUI is charged in the justice court, then it will be the entity prosecuting the justice court crimes. Justice court prosecutors can be the in-house city attorney prosecutor, or a contract prosecutor. Either way you can contact the court and determine the who the prosecutor is.
Criminal Restitution. If you are a victim of a DUI car accident you can seek criminal restitution and a civil personal injury case—both. Criminal restitution is more restricted than civil personal injury damages. Criminal restitution doesn’t allow for general damages, or pain and suffering.
Utah’s main crime victim’s rights acts are the following:
(A). Victims’ Rights Act 77-37-101
- Focus: This chapter is primarily concerned with ensuring that crime victims and witnesses are treated with dignity, respect, and sensitivity throughout the criminal justice process. This includes DUI accident victims.
- Key Provisions:
- Emphasizes victims’ rights to information, protection, and restitution.
- Highlights the special considerations needed for child victims and witnesses.
- Outlines the responsibilities of law enforcement, prosecutors, and other officials in safeguarding these rights, including victim protection and access to community resources.
(B). Crime Victims Act 77-38-101
- Focus: This chapter expands upon the notification process and services for crime victims, ensuring they are informed and involved in key stages of the criminal justice process.
- Key Provisions:
- Details the procedures for notifying victims of important criminal justice hearings and their rights to attend and participate.
- Includes the requirement for victims to be informed about restitution and other proceedings that impact their rights and interests.
- Focuses on preserving victims’ confidentiality and information, particularly in sensitive cases, such as sexual offenses.
(C). Crime Victims Restitution Act 77-38b-101
- Focus: This chapter focuses specifically on the restitution process for crime victims, outlining how restitution is determined, collected, and enforced.
- Key Provisions:
- Defines restitution as compensation for pecuniary damages caused by a defendant’s criminal conduct.
- Establishes the responsibilities of law enforcement, prosecutors, and courts in gathering and processing restitution claims.
- Includes rules for establishing payment schedules and the treatment of financial information related to defendants.
In summary, the Victims’ Rights Act is broad and general, focused on ensuring respectful treatment of victims, particularly children. The Crime Victims Act provides detailed procedures for victim notification and participation in criminal justice processes, and the Crime Victims Restitution Act zeroes in on the financial aspect of compensation for victims, explaining how restitution is handled.
Proving Fault in a DUI Car Accident
Proving fault in a Utah DUI case is just like proving fault in any other type of car accident case. But you add the fact that there is a concurrent criminal case where that conviction, plea, discovery and sentencing can be used against the DUI at-fault driver.
Plea Statement. In district court they often use a mandatory “Statement in Advance of Plea” form that details what the plea and sentence will be. These plea statements are publicly available. This plea statement also details how the DUI at-fault driver pled guilty and how. This under oath plea statement can be used against the DUI at-fault driver to prove fault, or damages in your car accident injury case. Pull the audio from the sentencing or plea hearing for best results.
BAC Levels / Drug Levels. Another fabulous piece of information is obtaining through a public record request or through the prosecutor the BAC and toxicology report.
BAC = Blood Alcohol Level. The legal per se limit for drunk driving is .05 BAC. At .16 BAC Utah law requires supervised probation and heavier jail sentences.
Toxicology Report = Blood alcohol levels and drug levels in the body. Toxicology reports show cocaine, marijuana, alcohol and other prescription drugs in a person’s system.
Utah legal BAC limit to operate a motor vehicle is .05. Driving with any measurable level of an illegal drug is a DUI like conviction also. Driving with drugs in your system is called a Metabolite or drug DUI. See Utah Code 41-6a-517.
Body Camera Footage. Most police agencies have body camera footage and dash camera footage in their patrol vehicles. These videos are available in public records requests, call GRAMA’s. (“Government Records Access and Management Act”). See Utah Code 63G-2-101.
Camera footage is excellent sources to prove your punitive damages and other harms and losses.
911 Calls / Police Radio Traffic. You can GRAMA the 911 calls associated with the DUI crash and any police radio traffic. This is another place you can find witnesses and exhibits to prove your case. GRAMA is Utah’s public records request act.
Compensation for DUI Car Accident Victims
Utah DUI injury cases have all the same damages available to them as with normal injury cases, except punitive damages are more likely.
Common DUI injury damages are:
(a). General Damages. Pain, suffering and the general losses caused by the DUI car accident.
(b). Special Damages. Medical bills, lost wages, future lost wages and future lost earning capacity.
(c). Property Damages. Damage to your car, damage to contents inside the car and loss of use of the car. Rental car, etc.
(d). Punitive Damages. Utah punitive damages are to teach the public and at-fault party (called a tortfeasor) that complete disregard for safety will be punished. DUI injury cases are presumed to have punitive damages available to them per Utah Code 78B-8-201.
- What to Do If You Are Involved in a DUI Car Accident
If you are hurt by a DUI driver, you should contact an experienced, Utah car accident lawyer. You will need the attorney to access the criminal case discovery materials and push on the true value of the case. DUI cases have more value and worse damages than regular car accident cases. An experienced attorney will understand this and greatly aid in obtaining fair and reasonable compensation.
(1). Get Better. See the Right Doctors. The most important task after a DUI car accident is to get better. Go see the right doctors to get the right diagnosis and treatment to get better. Do go to the ER if needed. Don’t go to a chiropractor for a dental or elbow injury. Do go to a chiropractor or physical therapist for back injuries. Don’t got to the Instacare with ER level injuries. Do see you family practice doctor immediately after the accident and get a thorough head-to-toe exam.
(2). Call an Experienced Car Accident Lawyer. Don’t hire an attorney who does “Door Law” which I whatever case walks in the Door for your serious DUI car accident. Look for and hire a DUI car accident attorney who regularly works in car accidents. That attorney should be a trial lawyer, not just a settler type of lawyer. Your DUI car accident lawyer you chose should not be practicing divorces, bankruptcy and then your car accident insurance claim.
(3). Follow Doctor’s Advice. You need to really stabilize and get better before settling your DUI car accident injury claim. You need to follow your doctor’s advice, complete physical therapy, chiropractics or the other conservative treatment your doctor has prescribed.
- The Role of Insurance in DUI Car Accidents
Like all car accident, an insurance adjuster and claim number will be given to your injury claim. With DUI cases, a more experienced adjuster may be assigned to handle the claim due to the aggravating nature of DUI cases.
Utah is mandatory policy limits disclosures state. Meaning that prefiling and after filing a lawsuit, the at-fault insurance adjuster must tell you the policy limits. You must determine whether at the at-fault DUI driver has $25,000/$65,000, the state minimum, or $100,000/$300,000.
- Punitive Damages in DUI Car Accident Cases
Utah Punitive Damages Statute Overview
Punitive damages in Utah are intended to punish particularly egregious conduct and deter similar behavior in the future. According to Utah Code § 78B-8-201, punitive damages can only be awarded if compensatory damages have already been granted and if it is proven with clear and convincing evidence that the wrongdoer acted willfully, maliciously, or with a reckless disregard for the rights of others.
DUI and Boating Accident Exceptions
In Utah DUI cases, as well as cases involving the illegal distribution of controlled substances, these general rules are relaxed. Punitive damages can be awarded without needing to meet the same stringent standards. This means individuals who operate vehicles while intoxicated or who distribute illegal drugs that lead to someone’s death can face punitive damages more easily.
Wealth Discovery
Before punitive damages are awarded, discovery of a defendant’s financial condition is limited and only allowed once a case has been made that such damages are likely. However, this limitation does not apply in DUI or illegal controlled substance cases.
Division of DUI Punitive Awards
If punitive damages are awarded, the first $50,000 goes to the injured party. Any amount above this is split equally between the injured party and the state of Utah. The state is responsible for a proportionate share of the attorney fees related to the punitive damage award.
- Common Injuries in DUI Car Accidents
Common DUI car accident injuries include:
(a). Head concussions.
(b). Back injuries.
(c). Bulging discs.
(d). Fractures.
Common treatment providers for DUI injuries are chiropractors, physical therapists, family practice doctor, pain management and orthopedic physicians.
- Wrongful Death in DUI Car Accidents
Wrongful death DUI car accident cases may have “Dramshop” actions and punitive damages. Just because the injured party died at the scene or died months later doesn’t mean the wrongful death claim disappears.
The heirs of the decedent who died in the car accident can bring the wrongful death claim on behalf of all the heirs.
- How DUI Accidents Differ from Other Car Accident Cases
The two main differences between a DUI accident injury case and non-DUI cases are:
(a). Availability of Punitive Damages. Most car accident negligent cases do not have punitive damages available to them. Simply put the conduct is not reckless enough to warrant punitive damages. But DUI cases do warrant punitive damages and the Utah statute at 78B-8-201 specifically allows for them.
(b). The Concurrent Criminal Case. Because there is a concurrent criminal case moving alongside the injury case, much aggravating and damage evidence is available. Obtaining all body camera footage and 911 calls are critical in your DUI injury case. Obtaining all pertinent court audio files in necessary to determine the full scope of the at-fault driver’s drunkenness.
- Steps for Filing a DUI Car Accident Lawsuit
Maximum Medical Improvement. You must reach maximum medical improvement before you can settle your DUI case. Your Utah personal injury attorney must know what the extend of your injuries are and whether there is any further medical care that can help.
Prelitigation Injury Claim. Once you reach maximum medical improvement, you can try to settle the DUI car accident insurance claim. If negotiations fail, you need to file a lawsuit.
Lawsuit. If negotiations fail in prelitigation, you must file a lawsuit or accept the latest offer to resolve your DUI case. You should always file a Tier III for DUI cases. DUI cases should generally always be a jury track case. You should never (generally) arbitrate DUI injury cases. These types of cases should be worked up properly to go before a jury.
You need to hire an attorney who has that skill to work the DUI case for fair and adequate compensation.
- How an Attorney Can Help You After a DUI Accident
Hiring a rookie newbie attorney who works for the bigger attorney is not going to work. You should seek a trial lawyer who regularly takes cases to a jury trial when needed.
An experienced Utah car accident jury lawyer will understand best the true value of your DUI injury case.
- Utah Laws and Penalties for DUI Offenders
The vast majority of Utah’s DUI law are found at Utah Code 41-6a-501. There are many levels and types of DUIs, which include, Extreme DUIs, Regular DUIs, 1st, 2nd and 3rd time offender DUIs, Metabolite drug DUIs and wet reckless driving.
41-6a-505 describes your basic DUI penalties for 1st, 2nd and felony DUIs.
There are a host of automatic license suspensions listed in Utah Code 53-3-220 and 223 that require mandatory alcohol interlock and license suspensions.
Many DUI drivers are actually “Not a Drop” drivers. Meaning because of a prior conviction for a statutory period after the DUI conviction they can’t have any alcohol in their system while driving. The .05 BAC doesn’t apply to them because they can’t have any alcohol while driving.
- Impact of Multiple DUI Offenses on Accident Cases
Utah felony DUIs are 3 DUI within 10 years. 2nd offense DUIs are charged at Class A Misdemeanors and now in the upper court, a Utah District Court. Punitive damages are often based on past conduct and conduct at the scene of the accident. Obtaining all prior and post conduct to receive a fair and adequate compensation for your case is critical.
- How Long Do You Have to File a DUI Car Accident Claim in Utah?
4 years SOL. DUI injury claims for personal injury must be filed 4 years after the date of the accident.
3 years SOL. DUI property damage claims must be filed 3 years after the date of the accident.
2 year SOL. Wrongful death claims not against the government must be filed within 2 years of the accident. Wrong death claims against the government have a much, much shorter time period.
4 year SOL. Underinsured Motorist Claims for DUI have a 4 year statute of limitation, but when the clock starts ticking is huge, detailed and complicated sometimes. Generally, it starts right after you settle your bodily injury third-party case against the at-fault driver.
- Frequently Asked Questions About DUI Car Accidents
Can I bring an injury case in addition to the criminal charge? Yes. You can have two different court proceeding going at the same time. The criminal charge against the at-fault DUI driver and the civil injury case.
Can I receive criminal restitution and civil money damages? Yes. Criminal restitution by statute is restricted to non-general damages. While civil DUI money damages are much more expansive and designed to make you whole. Punitive and general damages are not available in criminal restitution.
Can I have a victim’s lawyer in the DUI case and a lawyer in the civil injury case? Yes. In fact, it is advantageous for your injury attorney to make an appearance as victim’s counsel in the DUI case to stay on top of all proceedings and ask for appropriate criminal restitution.
What are the causes of action in a Utah DUI injury case? Common negligence, gross negligence and possibly a Dram Shop overserving case.
What are common damages in Utah DUI injury cases? Punitive damages, general damages and special damages.
How do you find an experienced Utah DUI injury attorney? You should select a jury trial lawyer. Meaning a lawyer that commonly goes to court and commonly tries injury cases to civil juries. Generally, lawyers don’t have much experience prior to 10 years of seasoning and trial work. Nor will new lawyers have any trial experience.
The Utah DUI injury lawyer you select should have significant trial experience in personal injury cases.
(16). What is Utah’s Dram Shop Liability?
If you’re injured in an accident caused by a drunk driver, you may have heard of Dram Shop Laws. In Utah, Dram Shop liability allows victims and their families to hold bars, hotels, and other alcohol vendors accountable for over-serving patrons who later cause accidents.
Does Utah Have Dram Shop Laws?
Yes, Utah’s Dram Shop laws are outlined in the “Utah Alcoholic Product Liability Act” (Utah Code 32B-15-1). This law allows individuals harmed by intoxicated drivers to seek damages from the establishment that over-served the alcohol.
What is the Legal Standard in Dram Shop Cases?
Under Utah’s Dram Shop Laws, an establishment may be held liable if:
- They overserve alcohol to an obviously intoxicated individual.
- The intoxicated person subsequently injures or kills someone.
- Serving alcohol to a minor who then hurts someone.
For example, if a bar continues to serve a visibly drunk patron who later drives and causes a fatal accident, the victim’s family may file a Utah wrongful death lawsuit against both the drunk driver and the bar.
Utah Dram Shop Statute of Limitations
The statute of limitations for filing a Dram Shop lawsuit in Utah is two years from the date of the incident. However, there are exceptions, so it’s essential to consult with a Utah injury attorney to ensure your claim is filed within the legal timeframe.
Utah Dram Shop Damage Caps
Utah’s Dram Shop laws impose damage caps on claims against alcohol-serving establishments:
- $1 million per person
- $2 million per occurrence (regardless of how many people are injured)
These caps apply to establishments like bars and hotels but not to the intoxicated person themselves. Claims against the drunk driver are separate.
Utah’s Dram Shop Laws: Exemptions
The Dram Shop law does not apply to establishments licensed under the Off-Premise Beer Retailer Act (Chapter 7), which includes businesses that sell beer for off-site consumption, such as convenience stores.
Examples of Dram Shop Violations
- Overserving a clearly intoxicated patron: A bar continues serving alcohol to a visibly intoxicated person, who then drives and causes a fatal accident.
- Serving an interdicted person: A bar serves alcohol to a person legally prohibited from buying alcohol, who later injures someone while driving.
- Serving a known minor: A bar knowingly serves alcohol to a minor, who then causes an accident.
Common Evidence in Dram Shop Cases
To prove liability in a Dram Shop case, evidence may include:
- Failure to check IDs.
- Serving alcohol to a minor or visibly intoxicated person.
- Security footage showing the patron’s intoxicated state.
- Witnesses who observed the patron being overserved.
Does Utah’s Dram Shop Act Apply to Social Hosts?
Probably not. Utah’s Dram Shop laws typically do not apply to private individuals who serve alcohol to guests at home. However, a social host can still be held accountable if they irresponsibly overserve alcohol, and the guest causes an accident.