DUI Accident Lawyer Provo

If you or a loved one was injured by a drunk driver in Provo, you deserve justice. Our attorneys at Flickinger Boulton Robson Weeks will aggressively pursue your claim and hold the responsible party accountable. Call (801) 500-4000 for a free consultation today.

Every year, countless people in Provo enjoy the bustling restaurant scene and local entertainment options that this city has to offer. Unfortunately, even in safe places like Provo, some individuals make the reckless choice to get behind the wheel while impaired by alcohol or drugs.

This choice can result in devastating accidents that leave victims with life-changing injuries, mounting medical bills, and overwhelming emotional distress. Drunk driving accidents cause thousands of devastating injuries and deaths each year.

If you or a loved one has been harmed in a DUI accident, you may feel angry and confused about what steps to take next. You might worry about whether the driver will be held accountable or if you can recover the costs for medical care and lost income. The good news is that you don’t have to face these uncertainties alone.

Flickinger Boulton Robson Weeks, a Provo DUI accident law firm with a history of securing multi-million-dollar settlements, stands ready to provide the help you need. Read on to learn more about how DUI accidents happen, what Utah law says about them, and how our team can fight for the compensation you deserve.

Overview of DUI Accidents in Provo

In Provo, the combination of a growing population and a robust social scene can unfortunately lead to more frequent DUI incidents. According to data from the Utah Department of Public Safety, alcohol-related crashes contribute significantly to traffic fatalities statewide. Drivers who are under the influence often have slower reaction times, blurred vision, and impaired judgment.

DUI accidents can happen anywhere: on the city’s busy University Avenue, near the scenic Provo Canyon, or even in quiet residential neighborhoods. These crashes frequently result in severe injuries, such as broken bones, traumatic brain injuries, and in the worst cases, fatalities.

Navigating the aftermath can be daunting: You might struggle with hospital bills, lost wages, and emotional trauma. Understanding how DUI accidents occur and what your legal rights are is the first step toward protecting yourself and your family.

Common Causes of DUI Accidents

DUI accidents aren’t limited to alcohol impairment alone. Several factors contribute to these dangerous collisions, and recognizing them can shed light on why these incidents are so devastating.

1. Alcohol Impairment: The most well-known cause is driving while under the influence of alcohol. Even a small amount of alcohol can slow reaction times and impair judgment. In Utah, the legal blood alcohol concentration (BAC) limit is 0.05%, one of the strictest in the nation. Despite this, some individuals still choose to drive after consuming alcohol, placing themselves and others in danger.
2. Drug Impairment: DUI laws in Utah also cover drugged driving. Whether the substances are illegal narcotics, prescription medications, or over-the-counter remedies, they can impair a driver’s ability to operate a vehicle safely. Drugged driving cases may be more complex because it’s harder to measure impairment compared to testing BAC levels.
3. Repeat Offenders: Sadly, some drivers repeatedly choose to drive under the influence. These repeat offenders pose a significant risk on Provo’s roads. Despite having prior convictions, they may continue to ignore the law, putting themselves and others in harm’s way.

When you understand the root causes of DUI accidents, it becomes clearer why working with an experienced Provo DUI accident lawyer is essential. Each case is unique, and accurately identifying the cause can significantly strengthen your claim for compensation.

Utah DUI Laws and Penalties and How They Apply in Provo

Utah has some of the strictest DUI laws in the country, aiming to discourage impaired driving and protect residents. Understanding these laws can help you grasp the seriousness of a DUI offense and how it may impact your personal injury claim.

1. Blood Alcohol Concentration (BAC) Limit: Utah made headlines when it lowered the legal BAC limit from 0.08% to 0.05%. This move reflects the state’s commitment to preventing alcohol-related accidents. If a driver’s BAC exceeds 0.05%, they can be arrested and charged with DUI.
2. Drugged Driving: Utah law also covers driving under the influence of drugs—both illegal substances and prescription medications. If a driver is deemed impaired by a chemical substance, they can face DUI charges. Testing might involve blood, urine, or saliva samples.
3. Penalties for Offenders: Penalties for DUI offenses in Utah can include hefty fines, license suspension, mandatory ignition interlock devices, and even jail time. For a first offense, a driver may face up to 180 days in jail and a fine of up to $1,310. Subsequent offenses carry harsher penalties, including extended jail time and increased fines. In more severe cases, such as when a DUI accident causes serious injury or death, felony charges and lengthy prison sentences may apply.
4. How These Laws Affect Your Personal Injury Case: If you’ve been injured in a DUI accident in Provo, the driver’s criminal charges can impact your civil case, but they are not the final word on compensation. The fact that the driver was over the legal BAC limit or was found with drugs in their system can be strong evidence of negligence. This often simplifies the liability portion of your claim because driving under the influence is a clear breach of a driver’s duty of care.
5. Insurance Implications: A DUI conviction can also affect the at-fault driver’s insurance, potentially making it easier to negotiate a settlement or pursue a claim in court. However, insurance companies are still businesses seeking to minimize payouts. They may attempt to argue that you share blame for the accident, or question the severity of your injuries.

At Flickinger Boulton Robson Weeks, our DUI accident lawyers are well-versed in both Utah DUI regulations and personal injury law. We use our in-depth understanding of local statutes, combined with proven negotiation and litigation skills, to work toward the best outcome for our clients.

Determining Liability in DUI Accident Cases

Liability in a DUI accident case generally falls on the impaired driver. However, certain nuances may affect how fault is apportioned:

Direct Liability of the Impaired Driver: When a driver chooses to get behind the wheel while under the influence, they are usually found liable for damages and injuries resulting from their negligence. Their level of impairment can be confirmed through BAC tests, police reports, and possibly eyewitness accounts.

Comparative Fault: Utah’s modified comparative negligence rule also comes into play. If the victim is partly at fault—for example, if they were speeding or driving recklessly—their compensation may be reduced by the percentage of fault assigned to them. However, in a DUI case, the impaired driver often bears the majority or entirety of the blame.

Potential Third-Party Liability: In some situations, a third party may share liability. For instance, if a bar or restaurant served an obviously intoxicated individual who then caused an accident, the establishment might bear some responsibility under Utah’s dram shop laws. However, these cases can be complex, requiring thorough investigation to establish that the venue acted negligently.

Insurance Involvement: While the at-fault driver’s insurance should cover the victim’s damages up to the policy limits, insurance companies may try to argue you contributed to the accident. That’s why it’s crucial to have an attorney protect your interests.

By thoroughly investigating the circumstances of your accident, including reviewing police reports, interviewing witnesses, and consulting experts, Flickinger Boulton Robson Weeks builds a compelling argument for liability. Our goal is to ensure you receive fair compensation to cover medical bills, lost wages, and the emotional toll this ordeal has taken on you and your family.

Steps to Take After a DUI Accident in Provo

A DUI accident can leave you feeling disoriented and unsure of what to do next. The actions you take immediately following the collision can significantly impact both your physical recovery and any potential legal claim:

1. Seek Medical Attention: Your health is paramount. Even if you feel okay initially, some injuries take time to manifest. Going to a hospital or clinic in Provo for a thorough evaluation not only protects your well-being but also provides documentation that can support your case.
2. Call the Police: Reporting the accident to the police is critical. Officers will create an official report, which typically includes an assessment of whether the other driver was impaired. Ask for a copy of this report once it’s filed.
3. Gather Evidence: If you’re able, take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses. This evidence can help your attorney reconstruct the scene later.
4. Exchange Information: Exchange insurance and contact details with the other driver. If you suspect the driver is under the influence, note any signs of impairment and share this with the responding officers.
5. Contact an Attorney: Before speaking to any insurance adjusters, consult a Provo DUI accident lawyer. An attorney will help protect your rights, guide you on what information to disclose, and negotiate a fair settlement.
6. Follow Up on Medical Treatment: Adhering to your doctor’s advice not only aids your recovery but also bolsters your claim by showing that you are taking every step possible to heal.

By following these guidelines, you will build a strong foundation for any legal actions you may pursue while safeguarding your physical and emotional well-being.

Compensation Available for DUI Accident Victims

One of the most urgent questions accident victims often have is: “What compensation am I entitled to?” Understanding the different types of damages you can claim is vital for achieving a fair settlement.

1. Medical Expenses: These include emergency room visits, surgeries, medication, physical therapy, and any future treatments your injuries may require. Severe injuries such as traumatic brain injuries or spinal cord damage can lead to lifelong medical care, drastically increasing costs.
2. Lost Wages and Loss of Earning Capacity: When you miss work due to injuries, you can seek compensation for lost wages. If your injuries are severe enough to limit your ability to work in the future, you may also be eligible for damages covering loss of earning capacity.
3. Pain and Suffering: Beyond physical injuries, DUI accident victims often endure mental anguish, anxiety, and depression. Utah law allows you to seek compensation for these non-economic damages, reflecting the emotional toll the accident has taken on you and your loved ones.
4. Property Damage: If your vehicle or personal property was damaged in the crash, you can claim repairs or replacement costs.
5. Wrongful Death Damages: Tragically, some DUI accidents result in fatalities. In such cases, family members may pursue a wrongful death claim. This can help cover funeral expenses, loss of financial support, and the emotional trauma of losing a loved one.
6. Punitive Damages: In certain cases where the at-fault driver’s behavior was especially egregious—such as extremely high levels of intoxication or repeat offenses—punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar conduct in the future.
7. Emotional Distress and Therapy Costs: The emotional impact of surviving a DUI accident can be profound. Therapy sessions, counseling, and medications to cope with PTSD or anxiety are part of your recoverable damages if they stem from the accident.
8. Legal Fees: While attorney fees are usually arranged through contingency agreements, meaning your lawyer only gets paid if you receive a settlement or court award, some cases allow you to include legal fees in your claim. Your attorney can advise if this is applicable.

How Compensation is Determined

Insurance companies consider multiple factors, including the severity of injuries, liability, and the long-term consequences for the victim. In cases of DUI, the clear negligence of an impaired driver often strengthens your claim. However, insurers may still try to minimize payouts by questioning your injuries or arguing that you were partly responsible for the accident.

At Flickinger Boulton Robson Weeks, we meticulously assess each case, collecting medical records, employment documentation, and expert testimony to present a compelling claim. Our proven track record includes multi-million-dollar settlements and verdicts. Whether your case settles out of court or proceeds to trial, we fight for a compensation package that reflects the full extent of your losses.

Dealing with Insurance Companies After a DUI Accident

Insurance companies are known for their aggressive tactics in minimizing or even denying valid claims. Here are key steps for handling insurance matters effectively:

1. Notify Your Insurer: Promptly inform your insurance provider about the accident. Failure to do so within a specified period might jeopardize your coverage. However, provide only basic details (date, time, location), avoiding any statements that could be used against you.
2. Exercise Caution: Insurance adjusters may appear friendly, but remember their primary goal is to protect the company’s bottom line. They might ask you leading questions or request recorded statements. Politely decline to give any in-depth statements until you’ve consulted an attorney.
3. Document Everything: Keep a record of all communication with insurance representatives—emails, phone calls, and letters. Save copies of bills, medical records, and any other relevant paperwork.
4. Don’t Rush a Settlement: Initial settlement offers often fall short of covering the full scope of your damages. Accepting too soon can leave you responsible for future medical expenses or lost wages. Consult a Provo DUI accident lawyer to review any offer before signing.
5. Negotiate Strategically: Having an attorney on your side levels the playing field. Flickinger Boulton Robson Weeks negotiates with insurers from a position of strength, backed by solid evidence. We work diligently to achieve a fair settlement but are always prepared to take your case to trial if necessary.

By following these steps and trusting an experienced legal team, you can navigate insurance negotiations with confidence and safeguard your rights to fair compensation.

How Our Firm Assists DUI Accident Victims in Provo

When the unthinkable happens, and you or a loved one are injured in a DUI accident, a dedicated legal partner can make all the difference. Flickinger Boulton Robson Weeks is committed to guiding you through every stage of your claim with empathy, professionalism, and a relentless pursuit of justice. Here’s how we can help.

Comprehensive Case Evaluation: We begin by thoroughly reviewing your situation. This involves examining police reports, medical records, and any available eyewitness statements or video footage. Our goal is to determine liability, the severity of your injuries, and the best path forward.

Evidence Gathering and Investigation: Our experienced attorneys, including founding partner Mark T. Flickinger and personal injury specialists like Brett R. Boulton, leverage their extensive network in Provo to collect all necessary evidence. From consulting with accident reconstruction experts to obtaining medical expert testimony, we build a robust case that leaves little room for insurance companies to dispute.

Negotiation with Insurance Companies: Because insurance adjusters often attempt to minimize claims, we handle all negotiations on your behalf. We present a strong case backed by evidence, aiming for a settlement that fully compensates your medical bills, lost wages, and emotional distress.

Litigation and Trial Preparation: While most cases settle out of court, we prepare each one as if it will go to trial. This includes drafting legal documents, interviewing witnesses, and organizing evidence. If a fair settlement is not offered, we are fully equipped to represent you in court. Our team has achieved substantial verdicts, demonstrating we won’t shy away from the courtroom.

Personalized Support: We understand that a DUI accident can be emotionally devastating. Our legal team takes a client-centered approach, providing guidance and support throughout the process. We handle the legal complexities so that you can focus on healing and rebuilding your life.

Regular Communication: Clear and consistent communication is crucial to easing your anxiety during this challenging time. Our attorneys keep you updated about any developments in your case, answering questions promptly and making sure you understand your options at each juncture.

At Flickinger Boulton Robson Weeks, our mission is not only to win cases but also to restore a sense of hope and security for the people we represent. With offices in Provo and South Jordan, and a reputation for compassionate, effective counsel, we stand ready to advocate for those affected by DUI accidents in our community.

Frequently Asked Questions About DUI Accident Claims in Provo