Key Takeaways
You should hire a lawyer after a DUI accident in Salt Lake City to ensure you receive the full compensation required for your recovery. While the state handles the criminal prosecution of the drunk driver, those proceedings do not automatically pay for your medical bills, lost wages, or pain and suffering. A civil personal injury claim is the only way to recover these specific damages. Lance Bingham Law helps victims navigate the insurance process and litigation to hold impaired drivers and negligent businesses accountable.
The moments after a crash with a drunk driver are very stressful. You must take specific steps to protect your health and your legal rights. Following these steps helps you gather the proof needed to hold the other driver responsible.
Your health is the most important thing after a motor vehicle accident. Even if you feel okay, DUI crashes often cause internal injuries that you cannot see. Getting medical treatment right away creates a record of your injuries. This record proves that the crash caused your physical problems. If you wait too long, insurance companies might claim your injuries occurred elsewhere.
You must report any car accident that causes injury or high property damage. Call 911 so Salt Lake City police officers can come to the scene. Tell the officers if you think the other driver is under the influence. They will use chemical tests to check for intoxicated driving. These police reports are very important for your personal injury lawsuit.
If you can, gather information at the site of the roadway accidents. Take photos of the damage to the cars and the road. Look for stores nearby that might have surveillance footage of the crash. This info helps your personal injury attorney prove what happened. Use this list to make sure you get the right details:
The actions you take in the first hour can change the outcome of your case. Good records stop insurance companies from changing the facts later. These steps are the start of a strong civil DUI accident claim.
Utah has some of the strictest alcohol laws in the United States. These rules exist to keep roads safe and punish those who put others at risk. When you file a claim, these laws help prove that the other driver was negligent.
Under Utah Code § 41-6a-502, a person is guilty of a DUI if their blood alcohol concentration (BAC) is .05 grams or higher. This is the lowest BAC limit in the country. A driver is also impaired if they have any measurable controlled substance in their body. Law enforcement uses blood test results and toxicology experts to confirm these levels after a crash.
A criminal case and a personal injury claim are two separate legal paths. The state brings criminal charges to punish the driver with jail or fines. In contrast, you file a civil claim to seek money for your own losses. Even if the driver avoids jail, they can still be held liable in a civil court. This is because the burden of proof is lower in civil cases than in criminal trials.
A criminal conviction can be strong evidence for your civil case. It serves as official proof that the driver broke the law and acted with alcohol impairment. However, you do not need a conviction to win your lawsuit. Our team can use police reports and witness statements to show the driver was at fault. We focus on how their choices caused your specific injuries and financial debt.
Utah law is designed to hold impaired drivers accountable for the harm they cause. Understanding these statutes is the first step toward a successful recovery. Lance Bingham Law uses these rules to build a solid foundation for your case.
While the drunk driver is usually the main person at fault, other parties may also be responsible for your injuries. Finding every liable party is key to getting the money you need for your recovery. This process often involves looking at who provided the alcohol or if the driver was working at the time.
The person who chose to get behind the wheel while impaired has the most blame. Their actions directly caused the roadway accidents that led to your pain and suffering. We work to prove they were negligent by using evidence like BAC levels and police reports. Holding them accountable is the first step in your personal injury claim.
In Utah, businesses such as bars and restaurants can be held liable if they overserve a customer. Under Utah Code § 32B-15-201, a business is responsible if they serve someone who is already visibly intoxicated. This is known as a dram shop law. Social host laws may also apply if an adult provides alcohol to a minor who then causes a crash. To hold a business or host liable, specific conditions must be met:
There are other situations in which a third party might share responsibility for a crash. For example, if the drunk driver was operating a company vehicle for work, their employer might be liable. In some cases, a vehicle defect or a poorly maintained road could have worsened the crash. We review every detail to identify all available insurance limits to cover your costs.
The financial and physical costs of a DUI crash can last for many years. Victims often face high bills and a lower quality of life after a collision. You can seek different types of money to cover these specific losses.
Economic damages are costs with a clear dollar amount. These include your medical costs for surgeries, physical therapy, and hospital stays. You can also claim a loss of wages if you missed work during your recovery. If your injuries are permanent, you may seek money for diminished future earning capacity.
Non-economic damages cover the ways an accident changes your life that do not have a monetary value. This includes your physical pain and emotional distress after the trauma of a crash. Many victims also experience a loss of enjoyment of life or permanent scarring. These damages are harder to calculate but are a major part of your personal injury claim.
In some cases, you may ask for punitive damages to punish the drunk driver. Utah law allows these when a person's conduct shows a complete lack of care for others. These awards are meant to stop the driver and others from acting so dangerously in the future. Lance Bingham Law can help determine if the driver's actions meet the legal standard for these extra damages.
If a loved one died in a crash, you may file a wrongful death claim. This allows the family to recover money for funeral costs and the loss of financial support. No amount of money can replace a person, but it can provide security for the survivors. We work with families to handle these sensitive cases with care.
| Damage Type | What It Covers | Examples |
| Economic | Financial losses with receipts | Medical care, broken bones treatment, lost wages |
| Non-Economic | Personal and emotional impact | Pain and suffering, emotional distress |
| Punitive | Punishment for the driver | Sanctions for extreme blood alcohol content |
Understanding the value of your claim is the only way to get full compensation. Every injury and loss should be included in your final demand for payment. We make sure no detail is missed when we value your case.
Hiring a legal professional is the most effective way to protect your interests after a crash. We handle the difficult tasks so you can focus on your physical recovery. Our team ensures that no legal detail is missed during the process.
The legal system has many strict rules and deadlines that you must follow. For example, you must file your claim within the Utah statute of limitations, or you lose your right to sue. We know the specific court rules in Salt Lake County and how to file every document correctly. This knowledge prevents small mistakes from ruining your chance at a fair settlement.
Insurance companies often try to pay as little as possible to settle a claim. They might use your own words against you or offer a low settlement before you know the full cost of your injuries. We talk to the adjusters on your behalf to stop them from taking advantage of your situation. Our goal is to ensure the insurance company recognizes the true value of your damages.
A successful case depends on having strong proof of what happened. We look for surveillance video from nearby stores and interview people who saw the crash. Our firm also works with toxicology experts to explain how the driver's BAC level caused the accident. This deep investigation helps us build a clear picture of the driver’s negligence.
Many victims do not realize how much their case is actually worth. We calculate the total of your current medical bills and your future needs, such as home care or additional surgeries. We also put a fair price on your pain and suffering and emotional distress. This ensures that the final settlement covers all of your out-of-pocket costs and future losses.
Most cases are settled before they go to a full trial. However, if the insurance company refuses to pay a fair amount, we are ready to go to court. We present your evidence to a jury to show why you deserve a high award for your injuries. Having a trial lawyer on your side shows the other party that you are serious about your claim.
Winning a legal case requires a clear plan and steady progress through the court system. We guide you through every phase to ensure your rights stay protected. Our team manages the technical work so you can focus on your health.
The process begins with a meeting to discuss the facts of your crash. We gather the police report and look for any witness contacts from the scene. Our staff also checks for surveillance video and blood test results to prove the driver was over the limit. This early research is the base for your entire personal injury claim.
Next, we collect all of your medical records and proof of lost wages. We often work with toxicology experts and forensic analysts to explain how the alcohol impairment caused the collision. These experts help prove that the driver’s high BAC level made the road unsafe. Having professional opinions makes your case much harder for the insurance company to ignore.
Once we know the full cost of your injuries, we send a demand to the insurance company. We fight to get a settlement that covers your medical care and emotional distress. Most cases are solved during this stage because we provide strong evidence of the driver's negligence. We do not accept low offers that do not meet your long-term needs.
If the insurance company will not pay a fair amount, we will file a formal lawsuit in court. This step initiates the official litigation process and sets the case schedule. Filing a suit shows the other side that Lance Bingham Law is ready to fight for your recovery. It also gives us more power to gather evidence through a process called discovery.
Before a trial, many cases go through mediation or arbitration to reach a deal. These meetings allow both sides to talk and try to settle the case with a neutral person. If these methods do not work, we will take your case to a jury trial. To win, we must follow these specific steps in court:
Following a set process helps you stay organized and reduces the stress of a lawsuit. Each step brings you closer to the financial support you need to move forward. We handle every legal hurdle to ensure the best possible result for your case.
Yes. Utah enforces a 0.05% BAC limit under UT Code § 41-6a-502. This is the strictest standard in the United States for adult drivers.
Yes. Criminal cases and civil claims are separate. You can still win a personal injury lawsuit even if the driver is found not guilty in criminal court.
Yes. A lawyer handles complex paperwork and fights aggressive insurance companies. This ensures you receive the full amount needed for your medical bills and lost wages.
You may still have options for recovery. We can look at your uninsured motorist coverage or determine whether a business is liable under dram shop laws.
Under Utah Code § 78B-2-307, you generally have four years from the accident date. However, certain claims against government or alcohol providers have much shorter deadlines.
You can seek money for medical costs, lost income, and pain and suffering. In many DUI cases, you may also ask for punitive damages to punish the driver.
If you were injured by a drunk driver, you do not have to face the legal system alone. The team at Lance Bingham Law is dedicated to helping victims in Salt Lake City secure the justice they deserve. We understand the physical and emotional toll these accidents take on families, and we work tirelessly to hold negligent parties accountable. Our firm will investigate every detail of your crash to ensure no source of compensation is overlooked.
Contacting a professional early in the process is the best way to protect your claim. We offer a free consultation to review your case and explain your legal options without any pressure. You focus on your healing while we manage the insurance negotiations and court filings. Let us use our experience with Utah's DUI laws to help you move forward with your life.
Lance Bingham Utah Personal Injury Lawyers
15 West South Temple, Suite 1650, Salt Lake City, UT 84101
Phone: (801) 383-2922
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