Utah Car Accident Attorney Jake Gunter. Call/TXT (801) 373-6345 for a Free Consult 
HERE IS WHAT YOU NEED TO KNOW ABOUT BEING HIT BY A DRUNK DRIVER IN UTAH.
Being injured in a car accident by a drunk driver is terrible. The complete recklessness of the intoxicated driving putting others at risk is unacceptable. Hiring an experience Utah car accident attorney can really make the difference in your injury claim, especially if the at-fault driver was intoxicated.
HERE IS WHAT IS UNIQUE ABOUT UTAH DRIVING UNDER THE INFLUENCE CAR ACCIDENT INJURY CASES:
(1). You Can Get Attorney Fees. The American Rule of attorney fees is that each party pays their own attorney fees. There are several exceptions to the general rule. The English Rule is that loser pays the winner’s attorney fees.
Punitive Damages Exception to Attorney Fees. Utah Code 78B-8-201 is Utah’s punitive damages statute. Subsection (3)(b)(ii) states that the court “may” award attorney fees to the injured plaintiff in driving under the influence car accident injury cases. Punitive damages in Utah are not a cause of action, but a relief requested and must be plea in the complaint or forever lost (unless amended).
(2). Punitive Damages. To allow the jury to consider punitive damages in Utah, you must alleged the following:
(a). If compensatory or general damages are awarded, and
(b). It is established by “clear and convincing” evidence that the acts or omissions of the at-fault party are the result of willful and malicious, or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.
Evidence Standard Exception for Drunk Driving Injury Cases. If the at-fault party who hit you was drunk or drugged you only have to prove your car accident case by the normal standard of a “preponderance of the evidence.” You don’t have to show the drunk driver was reckless, or intentional. Just that they were drunk or drugged and caused you injury.
Examples Where Punitive Damages and Attorney Fees Applies to Utah Car Accidents. 
Example 1. Drunk Driver Rear-End Collision on State Street Orem. You are rear-ended by a drunk driver on Orem State Street. You receive back and neck injuries along with a “dashboard knee” causing a $50,000 surgery. Not only would you be able to recover your surgery costs and general pain an suffering, you could ask for punitive damages.
The special jury verdict would look like:
Special Damages (medical bills)._________$50,000.
General Damages.____________________$60,000.
Punitive Damages.___________________$40,000.
Prejudgment Interest (Calculated by Court Postjudgment).
Postjudgment Statutory Interest (Calculated by Court Postjudgment).
Personal Injury Protection Offset (Calculated by Court Postjudgment).
Total Judgement ($Fair and Reasonable Compensation).
Example 2. Meth. University Avenue Provo. The at-fault driver ran the rad light colliding with you at high speed causing you a neck surgery. The at-fault driver didn’t have any alcohol in their system but were ramped up on Meth and arrested for a driving under the influence offense. You would be entitled to ask for attorney fees and punitive damages.
Example 3. Prescription Drugs American Fork. The at-fault driver didn’t have any alcohol or illegal drugs in their system, but had tremendous amounts of lawfully prescribed pain killers from their family doctor. You can still seek punitive damages even with legally prescribed drugs regardless of whether the at-fault driver was within therapeutic prescribed limits or not.
THE POINT: Utah’s punitive damages statute clearly applies to the classic alcohol drunk driver, but it also applies in other situations of illegal and legal drug use causing a car accident. Hiring a trained experience Utah car accident attorney will help you prosecutor your case faster and with better results.
Types of Utah Drunk or Drugged Driving Convictions
The drunk or drugged driver may have the following charges or convictions under Utah’s driving under the influence criminal statutes.
(1). 41-6A-502. Driving Under the Influence. This is the catch all statute used to charge most driving under the influence charges because it encompasses both alcohol and, or drugs.
(2). 41-6A-502.5. Impaired Driving. Often the initial charge is a Section 502 DUI, but is pled down to an Impaired Driving because Impaired Driving doesn’t suspend their driver’s license or impose mandatory jail. Impaired Driving can be alcohol and, or drugs. It is the little sister to a Section 502 DUI.
(3). 41-6A-517. Metabolite Drugged Driving. This is the classic drugged driving statute where you had illegal or legal drugs in your system while driving. By statute it is called “Driving with any Measurable Controlled Substance in the Body.” Regardless of whether you were impaired or not and regardless of whether you were taking the drug as prescribed. Although it is an affirmative defense that you were taking the drug as prescribed.
(4). 41-6a-528. Reckless Driving. Reckless driving conviction show a reckless indifference towards other satisfying the punitive damages standard. DUIs are sometimes plead down to Reckless Driving, called “Wet Reckless.” Reckless driving patterns will often be enough to prove your punitive damages standard of intentionality and reckless indifference.
Effect of Guilty Plea Versus No Contest Plea in Underlying Criminal DUI Case?
Can you use the at-fault party’s guilty plea against them in your civil case for injuries caused by his drunk or drugged driving?
No Contest Plea Affects. If the person pled No Contest, you can’t use that criminal plea against them in your civil lawsuit for money compensation for your injuries.
General Rules is You can’t Use Traffic Convictions to Prove Car Accident Negligence. Utah Rules of Evidence 416 “Violation of Traffic Code Not Admissible” specifically exclude you from using a conviction of Utah Traffic Code Class C or Infraction against the at-fault driver to prove fault. All DUIs are Class B Misdemeanors.
Guilty Pleas to Collateral Criminal Charges. Often guilty pleas in open court can be used against the at-fault party. You can use it to impeach the at-fault driver in your civil case or as evidence that he was at-fault, unless it is a Class C or Infraction Utah Traffic Code offense.
Utah DUI cases causing injury have specific details that an experience car accident lawyer can really help you with.