This page was written, edited, reviewed & approved by Dustin Lance and Cole Bingham following our comprehensive editorial guidelines. Dustin Lance, Partner Attorney, has handled many types of personal injury cases and is licensed in Utah and Idaho. Cole Bingham, Partner Attorney, focuses his practice on personal injury and wrongful death claims and is licensed in Utah. Before joining the firm, he spent years representing insurance companies, so he knows how insurers defend the claims our clients bring.
If a drunk driver injured you in Salt Lake City, you may pursue compensation from the driver and possibly a business that over-served them. A Salt Lake City drunk driving accident lawyer at Lance Bingham Utah Personal Injury Lawyers can investigate the crash, identify potentially liable parties, and deal with insurers while you focus on medical treatment.
Impaired drivers put everyone on the road at risk, and our attorneys push back hard when insurers try to minimize what happened to you. Evidence such as bar receipts and surveillance video can disappear quickly. Call (801) 869-6800 today for a free case evaluation with our team.
A drunk driving crash can involve several insurance policies and more than one responsible party. Our attorneys bring nearly 40 years of combined experience, and we handle dram shop liability claims against alcohol providers.
We are a non-advertising firm, and that shapes how your case moves forward. Your attorney personally handles your claim and negotiates with insurance companies instead of passing it to claim handlers or paralegals.
Serious injuries can make it hard to leave home or the hospital. Our attorneys travel to clients anywhere in Utah, including home and hospital visits, and our team is available 24/7. Every case is different, and past results do not guarantee a similar outcome in your case.
Utah's insurance rules, fault rules, and filing deadlines all shape what you can recover after a drunk driving crash.
Under Utah Code Section 31A-22-309, a person with personal injury protection (PIP) coverage cannot pursue general damages, such as pain and suffering, against the at-fault driver unless the crash caused one of the following:
These no-fault rules also apply in the crash claims our Salt Lake City car accident lawyers handle. We review your medical records early to determine whether your injuries meet this threshold.
Insurance companies sometimes argue that an injured person shared the blame, even when the other driver was drunk. Under Utah Code Section 78B-5-818, your own fault does not alone bar recovery. You may recover from defendants whose combined fault exceeds yours, and no defendant pays more than its assigned share of fault.
Our team gathers crash reports, witness statements, and vehicle data to challenge unfair blame.
Waiting too long can put your right to compensation at risk. Several deadlines may apply after a drunk driving crash:
Because the dram shop deadline is shorter, we start looking into where the driver was drinking as soon as we take your case.
Liability does not always stop with the person behind the wheel. We examine every potential source of recovery in a DUI accident case.
The drunk driver is usually the primary at-fault party, and that driver's auto insurance is often the first source of recovery. A criminal case may lead to penalties for the driver, but your injury claim is a separate civil matter. We pursue that claim on your behalf.
Utah's Alcoholic Product Liability Act can make an alcohol provider responsible for injuries caused by a person it served. Under Utah Code Section 32B-15-201, liability may apply when a business provides alcohol as part of a commercial sale or service in situations that include serving:
The provider's service must have caused the intoxication, and that intoxication must have caused your injuries. Alcohol providers are not liable for punitive damages under this statute.
Under Utah Code Section 32B-15-301, recovery in these claims is capped at $1,000,000 per person and $2,000,000 for all people injured in one occurrence. The same statute does not prevent a separate claim or additional recovery against the person who caused your injuries. Our team works to obtain receipts, bar tabs, and surveillance footage as early as possible.
Compensation in a drunk driving case may include financial losses, personal losses, and in some cases punitive damages. We document current and future harm with medical records, wage information, and input from your treating providers.
Economic damages cover measurable financial losses, such as:
Non-economic damages reflect how the injuries changed your daily life, such as:
Injuries such as a traumatic brain injury (TBI), spinal cord damage, or an amputation can lead to catastrophic injury claims involving long-term care needs.
Punitive damages go beyond compensation and target especially harmful conduct. In most Utah cases, Utah Code Section 78B-8-201 allows them only when compensatory damages are awarded. Clear and convincing evidence must also show willful and malicious conduct, intentionally fraudulent conduct, or knowing and reckless indifference toward the rights of others.
The same statute says those limits and standards do not apply to punitive damages claims arising from driving a motor vehicle while voluntarily intoxicated or under the influence in violation of Utah's DUI statute. We evaluate whether a punitive damages claim fits the facts of your case.
The Utah Highway Safety Office reports that Salt Lake and Utah Counties had the highest rates of alcohol- and drug-related fatal crashes from 2020 to 2024. During that period, impaired driving crashes occurred most often Friday through Sunday, mainly between 5:00 p.m. and 2:00 a.m.
Statewide, the office's impaired driving data show 4,408 alcohol-related crashes and 274 alcohol-related deaths in Utah from 2020 to 2024. Alcohol-related crashes were 15.1 times more likely to result in a death than all other crash types. Utah also prohibits driving with a blood alcohol concentration (BAC) at or above 0.05.
Yes, you may still have a claim. A civil injury claim is separate from a criminal case, and our team can explain recovering damages when the driver was not charged with DUI. We build the claim with crash evidence, witness accounts, and medical records.
Your own uninsured or underinsured motorist coverage may help, depending on your policy. A dram shop claim against an alcohol provider may also add another source of recovery when the facts support it.
Useful evidence can include police reports, BAC test results, officer observations, and witness statements. Bar receipts, credit card records, and surveillance video may show where the driver was drinking and how much. Some of this evidence can be overwritten or discarded, so early action matters.
Yes, a wrongful death claim may be available when a drunk driver causes a death. The filing deadline for these claims is shorter than for most injury claims.
We handle cases on a contingency fee basis, so you do not pay upfront legal fees. You typically pay attorney fees from any recovery under the terms of your signed agreement. We explain those terms before you decide to move forward.
Many injury claims resolve through negotiation, but some require a lawsuit and trial. We prepare your claim for the possibility of trial so you can make informed decisions about any settlement offer. The choice to accept or reject an offer is always yours.
A drunk driver's decision should not leave you carrying the financial burden alone. Lance Bingham Utah Personal Injury Lawyers represents injured people throughout Utah from our Salt Lake City office at 250 E 200 South, Suite 1050. Partner attorneys Dustin Lance and Cole Bingham can review your legal options.
Call (801) 869-6800 to speak with a Salt Lake City drunk driving accident lawyer, or request a free case evaluation online. Some filing deadlines are shorter than you might expect, so reach out today!
Dustin specializes in serious accident and injury cases in Utah and Idaho, practicing in State and Federal Courts. He's recognized as "Utah's Legal Elite," a "Mountain States Rising Star," and a member of The National Trial Lawyers Top 100. He holds an Avvo Superb Rating and is actively involved in legal associations, serving as a judge pro tempore for the Utah Supreme Court. A Utah native, Dustin earned his degrees from the University of Utah. He lives in Farmington with his wife and three children, enjoying family time, flying, and various outdoor activities.
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