St. George DUI Accident Lawyer

At Flickinger Boulton Robson Weeks, we are here to support DUI accident victims with compassion and a strong commitment to justice. Navigating the legal process can be challenging, but you do not have to do it alone. Contact us today to get started and take the first step toward recovery.

A car accident can change your life in an instant, especially when the other driver was under the influence of alcohol or drugs. You may be left with serious injuries, expensive medical bills, and a deep sense of frustration knowing that someone else’s reckless decision caused you harm.

The challenges that follow can feel overwhelming, but our team of St. George DUI accident lawyers is here to help. Whether you are struggling to deal with insurance claims, medical treatments, and lost wages, we will help you fight for the compensation you deserve. 

Utah law allows victims of DUI accidents to hold negligent drivers accountable. At Flickinger Boulton Robson Weeks, we have helped many injured clients secure the compensation they deserve, including multi-million dollar settlements.

Common Causes of DUI Accidents in St. George, UT

DUI crashes happen for a variety of reasons, all of which create dangerous driving conditions. Here are some of the most common factors that contribute to these accidents in St. George.

Alcohol Impairment

Despite the well-known dangers of drinking and driving, many people still take the risk of getting behind the wheel after consuming alcohol. Even if a driver feels just “buzzed,” alcohol affects coordination, slows reaction time, and impairs judgment.

A slight delay in recognizing a red light or drifting between lanes can have serious consequences. Late-night crashes are especially common as people leave bars or social gatherings believing they are still capable of driving safely.

Drug Impairment

Driving under the influence is not limited to alcohol. Both legal and illegal drugs can affect a driver’s ability to focus and react quickly. Prescription medications for pain or anxiety often come with warnings against operating heavy machinery, yet some drivers ignore these risks.

Repeat Offenders

Some drivers with prior DUI convictions continue driving under the influence, despite past legal consequences. Whether they ignore license suspensions or fail to take their prior mistakes seriously, repeat offenders pose a serious risk on the road.

Although the legal system imposes penalties like jail time and mandatory treatment programs, not everyone learns from experience. Being hit by a repeat offender can be especially frustrating, knowing they have already been in trouble for the same reckless behavior.

Speeding and Driver Fatigue

While not exclusive to DUI cases, speeding and driver fatigue make accidents even more dangerous. Impaired drivers may speed to get home faster, making it harder to react to sudden obstacles or traffic signals. When intoxication is combined with excessive speed, the chances of a severe crash increase dramatically.

Ignoring Safe Transportation Options

There are many ways to get home safely after drinking in St. George and throughout Utah. Rideshare services, designated drivers, and calling a friend are all simple alternatives that prevent unnecessary accidents.

Unfortunately, many DUI crashes happen because drivers choose to ignore these safer options. Each year, preventable tragedies occur because someone made the reckless decision to drive under the influence, putting countless lives at risk.

Proving Impairment in a DUI Case

DUI accidents often stem from poor decisions and repeated risky behavior. Proving that a driver was impaired may require evidence such as medical records, police reports, or toxicology tests. An experienced DUI accident lawyer can gather this information and build a strong case to help you seek the compensation you deserve.

St. George DUI Accident Trends and Statistics

Driving under the influence of alcohol remains a significant problem, leading to numerous accidents and almost always affecting innocent individuals. In St. George, law enforcement has noted an increase in DUI stops, especially on weekends and holidays, as officers see signs of impairment such as swerving or running red lights.

In 2023, Utah reported 11,246 DUI arrests, an increase from previous years, contrasting with national trends of declining arrests. Alcohol-related fatalities rose to 174 in 2022, emphasizing the grave impact of impaired driving. Each incident affects real people and families, with even minor crashes causing serious consequences.

To address this issue, local police have increased DUI patrols, especially in high-traffic areas. Despite efforts to enhance road safety, some drivers still take risks that endanger others. DUI-related crashes are a serious concern in St. George, and if you’ve been affected by an impaired driver, reaching out for support can help cover expenses and raise awareness about the dangers of impaired driving.

Determining Liability in DUI Accident Cases

If a drunk driver crashes into you, it may seem obvious that they are at fault. However, legal responsibility is not always so simple. There may be other parties involved, and different factors can affect how liability is determined. Understanding Utah’s DUI accident laws can help you prepare if you need to file a claim.

The Drunk Driver’s Responsibility

When a driver is over the legal Blood Alcohol Concentration (BAC) limit or under the influence of drugs, they are usually considered negligent. This means they did not act with reasonable care for others on the road. However, being intoxicated does not automatically mean that a person is completely responsible for the accident.

Police reports, toxicology tests, and the driver’s statements can serve as strong evidence that they were impaired. Insurance companies and juries often see drunk driving as clear negligence, making it easier to hold the driver accountable.

What if I was partly at fault?

Utah follows a comparative negligence system. This means that if you are found to be partly at fault, your compensation will be reduced by your percentage of responsibility. 

For example, if you were speeding, not using a turn signal, or not wearing a seatbelt at the time of the crash, the drunk driver’s lawyer or insurance company might argue that you contributed to the incident. 

However, in most DUI cases, the driver’s impairment is so severe that it far outweighs any minor mistakes the other driver may have made. Even if you were slightly negligent, you could still receive compensation.

Can Someone Else Be Liable?

Sometimes, another party besides the drunk driver can also be held responsible. Here are a few situations where this may happen:

• Employer Responsibility: If the drunk driver was working at the time (for example, driving a company vehicle), their employer might be responsible. If a company hired a driver with a history of DUIs or allowed them to drive while impaired, they could share liability.
• Bars and Restaurants: In Utah, bars or restaurants that serve alcohol to someone who is already clearly drunk can sometimes be held accountable if that person causes an accident. However, the law requires proof that the server knew or should have known the person was too intoxicated to drive.
• Social Hosts: Under Utah’s Social Host Liability Law, a private party host may be held responsible if they provide alcohol to a visibly intoxicated guest who later causes a crash. Additionally, a third party or their heir may sue a social host for damages if the host provides alcohol to an underage drinker, leading to the underage drinker’s intoxication, which then causes injury or death to a third party

How to Build a Strong Case

To prove liability in a DUI accident, you need solid evidence. Important pieces of evidence include:

• Police reports: These document the officer’s findings, including whether the driver showed signs of intoxication.
• Blood or breath test results: These confirm whether the driver was over the legal limit.
• Photos and videos: Images of vehicle damage, injuries, and road conditions can be powerful evidence.
• Witness statements: Testimonies from bystanders or passengers can support your case.
• Driver’s history: If the driver has past DUI convictions, it can show a pattern of reckless behavior.
• Vehicle data: Some commercial vehicles have black boxes that record speed, braking, and other details that may help prove fault.

A DUI accident attorney can gather and organize the necessary evidence to build a strong case on your behalf. They will challenge any attempts to shift blame onto you and ensure you receive fair compensation.

Even if the drunk driver is convicted in criminal court, you will still need to prove their liability in a civil case to secure financial damages. While a criminal conviction may support your case, it does not guarantee success in a civil lawsuit.

Steps to Take After a DUI Accident in St. George

Being involved in an accident caused by a drunk driver can be overwhelming. You may feel shocked, angry, or uncertain about what to do next. However, the actions you take immediately after the crash can significantly affect both your physical recovery and your rights in pursuing compensation.

Taking the right steps ensures you get the medical care you need and helps protect your ability to seek compensation. Here’s what to do after a DUI accident in St. George:

Seek Medical Care Immediately

Your health is the top priority. Even if you don’t feel pain right away, get checked by a doctor. Some injuries, such as whiplash, internal bleeding, or concussions, may not show symptoms immediately but can become serious later.

• If you have neck pain, dizziness, nausea, or difficulty moving, call an ambulance or go to the emergency room.
• Keep copies of all medical records, as they will help link your injuries to the accident, strengthening any claims you file later.
• Follow up with a doctor even if you initially feel fine, some injuries take days to appear.

Call the Police Right Away

Dial 911 as soon as possible so law enforcement can investigate the scene. The police will:

• Administer sobriety tests or breathalyzer tests on the suspected drunk driver.
• Create an official accident report detailing road conditions, witness statements, and driver behavior.
• Possibly arrest the driver if they are over the legal limit.

This police report is critical evidence when filing an insurance claim or legal action against the impaired driver. Without it, the drunk driver might deny responsibility, downplay their intoxication, or if the insurance companies try to minimize your injuries, making it harder to prove fault.

Gather Evidence at the Scene

If you are able, collect as much evidence as possible before leaving the accident scene. This can help support your claim and prove the other driver was at fault.

• Take Pictures of both vehicles, showing the damage from multiple angles; Photograph road conditions, skid marks, traffic lights, and any visible injuries.
• Get witness contact information, bystanders can confirm the other driver’s reckless behavior or intoxication.
• Write down details such as what the driver was saying or doing, slurred speech, stumbling, or empty alcohol containers in their car, which could serve as evidence.

If you are seriously injured, ask a bystander to document the scene for you.

Avoid Confrontation and Choose Your Words Carefully

It’s understandable to feel frustrated or angry after a DUI crash, but it’s important to refrain from engaging with the impaired driver. Allow law enforcement to manage the situation.

• Do not apologize, admit fault, or make statements like “I’m okay.” These words could be twisted by insurance companies to weaken your claim.
• Limit conversations with the other driver. Even if they seem remorseful, their insurance may still try to deny responsibility.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible, but be cautious with your statements. Stick to the basics: provide the time, location, and key details of the crash. 

While you can mention that the other driver appeared intoxicated, avoid making speculations. 

Do not estimate your speed or go into detail about your injuries, as some injuries may worsen over time, and early statements could impact your compensation. 

Keep in mind that insurance adjusters often record calls and may be looking for ways to minimize payouts, so it’s important to choose your words carefully.

Consult a St. George DUI Accident Attorney

Drunk driving accidents often lead to severe injuries and complicated legal battles with insurance companies. Having a personal injury lawyer can help you:

• Obtain blood alcohol test results and other evidence proving the driver was impaired.
• Challenge any claims that you were partially at fault.
• Handle negotiations with insurance companies to prevent low settlement offers.
• Ensure you don’t miss important deadlines, such as filing a personal injury lawsuit within Utah’s statute of limitations.

Your attorney will do everything possible maximize your compensation for medical bills, lost wages, pain and suffering, and long-term treatment costs.

Follow Your Doctor’s Advice and Keep Records

After the accident, following medical recommendations is crucial for both your recovery and your claim.

• Attend all follow-up doctor visits, therapy sessions, or specialist appointments.
• Keep copies of prescriptions, medical bills, and receipts for out-of-pocket expenses.
• Document how the injury affects your daily life, pain, inability to work, or difficulty performing tasks.

If you skip medical treatment, insurance companies may argue that your injuries must not be serious, which risks reducing your compensation.

Be Cautious with Settlement Offers

Initially, you may receive a settlement offer. Insurance companies often try to settle quickly, but these early offers often fall short of covering the full extent of your damages, especially when long-term medical treatment or emotional distress is involved.

• Do not accept a quick settlement before understanding the full extent of your injuries.
• If you need ongoing treatment, physical therapy, or surgery, ensure the settlement accounts for these future costs.
• Once you accept an offer, you forfeit the right to seek additional compensation, so be sure the amount is fair.

Your attorney can review any offers and negotiate for the full compensation you deserve.

Compensation Available for DUI Accident Victims

If you’ve been hit by a drunk driver, you may be dealing with medical bills, lost income, and emotional distress. Utah law allows you to seek compensation for all these damages, so you may recover financially and emotionally. Below are the different types of compensation you may be able to claim.

Medical Expenses

A DUI accident can lead to serious injuries that require emergency medical attention, surgeries, therapy, and long-term care. You can request compensation for:

• Ambulance rides
• Emergency room visits
• Hospital stays
• Surgeries and medications
• Physical therapy and rehabilitation

If your injuries necessitate ongoing treatment, such as for a spinal cord injury or brain trauma, you may include future medical expenses in your claim. It is essential to retain all medical bills and receipts to validate these costs.

Lost Wages

Severe injuries might keep you from working for weeks or even months. If your accident forces you to take unpaid time off, you can seek compensation for lost income. 

If your injuries prevent you from returning to the same job or limit your ability to work, you may also be entitled to damages for reduced earning capacity. Experts can calculate what you would have earned if the accident hadn’t happened.

Pain and Suffering

Injuries from a DUI crash don’t just cause physical pain, they can also lead to emotional distress, anxiety, or depression. Some victims suffer from PTSD, making it hard to drive or even sleep. Compensation for pain and suffering considers how severe your injuries are, how long your recovery takes, and how the accident affects your daily life.

For example, injuries impair your ability to work in the future, compensation may cover the loss of income you would have earned.

Property Damage

Car accidents often cause serious vehicle damage or total loss. If your car needs repairs or replacement, you can include that in your claim. 

Other damaged property, such as laptops, phones, or child car seats, may also be covered. Keep records of repair costs, towing fees, and receipts for replacement items.

Loss of Consortium

A DUI accident doesn’t just affect the victim, it can also impact their loved ones. If your injuries strain your relationship with your spouse, they may be able to file a claim for “loss of consortium,” which covers lost companionship, support, and affection.

Punitive Damages

If the drunk driver was extremely reckless, such as having a very high blood alcohol level or a history of DUI offenses, a court may award punitive damages. These are meant to punish the driver and deter others from similar behavior. However, punitive damages are only granted in severe cases.

Building a Strong Claim

Our team of personal injury lawyers can help you gather evidence to prove your losses, including:

• Medical records and doctor’s notes
• Employer statements showing missed work and lost wages
• Receipts for property damage and medical expenses
• Personal journals documenting pain and emotional distress

By presenting a complete picture of your damages, you increase your chances of receiving fair compensation. A proper settlement should cover both your immediate costs and future needs, giving you the financial support necessary to heal and move forward.

Dealing with Insurance Companies After a DUI Accident

When a drunk driver causes a serious collision, the insurance dynamics can become complicated. You might assume the driver’s insurer will automatically compensate you, but it is rarely that straightforward. Here are some insights for dealing with insurers:

Notify Your Provider First

In many policies, you must call your own company to file a claim, even though the other driver is at fault. 

Provide basic facts such as the accident date, location, and mention that you suspect or confirmed the other driver was impaired. Refrain from extensive details about your injuries or speed until speaking with an attorney. Insurers can twist statements to reduce or deny coverage.

Investigate Coverage Limits

DUI accidents often result in more severe injuries, requiring expensive treatment. If the at-fault driver’s policy has low limits, you might not get enough from them alone. 

Check whether you hold underinsured motorist coverage that might fill the gap. Understanding each potential coverage source early helps plan your claim’s direction.

Avoid Downplaying or Exaggerating

Insurers commonly interview you about the crash or medical progress. Both minimizing and overstating your injuries can backfire. Sticking to documented facts, supported by doctor evaluations, avoids giving adjusters an angle to question your credibility. An attorney can assist in controlling the narrative, ensuring you do not fall into word traps.

Use Evidence of the Driver’s Intoxication

If blood or breath tests confirm a high BAC, the insurer may be more inclined to settle. They realize a jury could be unsympathetic if they defend an obviously impaired driver. Having a police report that cites DUI strengthens your position in negotiations, as it clearly points to the other party’s fault.

Push Back on Attempts to Assign Blame

Insurance reps might claim you braked too fast or changed lanes suddenly, to reduce their payout under Utah’s comparative negligence rules. Presenting consistent witness statements, physical evidence, or camera footage helps refute these claims. Even if a partial fault is assigned, you want it to remain well under 50 percent so you can still recover damages.

Consult Legal Counsel

Insurance companies may offer a swift settlement that only scratches the surface of your real costs, especially if you have not completed treatments or discovered lingering health problems. 

An attorney familiar with DUI crash claims can project your future medical needs, ensuring you do not sign away your rights for an inadequate sum. Lawyers can also shield you from aggressive adjuster tactics, like repeated requests for a recorded statement or pressuring you to close the claim.

Overall, dealing with insurers after a DUI accident calls for clear communication, a strong factual base, and readiness to demand fair compensation. Each step you take can influence how readily the insurance carrier pays for your ongoing medical bills, lost wages, and any intangible harm like emotional distress.

How Our Firm Assists DUI Accident Victims in St. George

Flickinger Boulton Robson Weeks understands that facing a DUI accident can turn your life upside down. Between immediate treatments, the shock of the crash, and the weight of medical bills, you might be wondering where to start. Our firm steps in to advocate for your best interests and streamline the entire process. Here are some key ways we help:

• Initial Consultations: We begin by listening to your experience. Did the police arrest the driver for DUI? Did you notice any signs of impairment? How badly are you injured? This conversation helps us tailor our next steps, whether that is collecting more evidence of intoxication or studying the scene for multiple at-fault parties. We strive to make the process transparent, explaining how local rules in St. George apply to DUI collisions.
• Building a Thorough Evidence File: Strong evidence can be the difference between an underwhelming offer and a substantial settlement. Our legal team gathers police reports, seeks out the at-fault driver’s breath or blood test results, and checks if there is any dashcam or surveillance footage. We may also collect witness testimony from people who saw the driver’s behavior before or after the crash. Meanwhile, we ensure your medical documentation is complete and consistent, showing exactly how your injuries tie to the incident.
• Managing Insurance Negotiations: Insurance companies often try to minimize DUI claims, sometimes shifting blame or questioning your injuries. We handle all communication with adjusters so you can focus on recovery. By presenting proof of intoxication and demonstrating the severity of your physical and emotional harm, we push for a fair settlement. Insurers realize we will not settle for less if the driver’s reckless decision caused major damages.
• Exploring All Compensation Avenues: If the at-fault driver lacks adequate coverage, we might investigate underinsured motorist coverage or third-party negligence, such as a bar that overserved the driver. We also investigate whether the impaired driver was on the job, as their employer may be on the hook. Identifying multiple sources of compensation can cover more of your expenses, especially if your injuries demand long-term treatment.
• Preparing for Litigation if Needed: Should negotiations stall, our firm is prepared to file a lawsuit. We line up expert witnesses, medical professionals, accident reconstructionists, who can show the crash’s dynamics and the driver’s impairment level. Heading to trial can be time-intensive, but it sometimes yields a stronger outcome if the defendant or insurer refuses to settle at a fair amount.
• Personalized Support: DUI accidents often leave you or your loved ones traumatized. We aim to create a supportive environment so you can rest easy. Knowing you have an ally who listens and cares makes the legal journey more manageable.

We combine legal knowledge, investigative prowess, and genuine empathy to achieve the best results for DUI crash victims. Whether you need a quick settlement for immediate bills or are preparing for a court battle, Flickinger Boulton Robson Weeks stands ready to protect your rights and fight for an outcome that respects your injuries and life changes.

Frequently Asked Questions About DUI Accident Claims in St. George