Pursuing Compensation After a DUI Accident

The Role of Dram Shop Laws in Utah

Dram shop laws allow victims of DUI accidents to hold bars, restaurants, or alcohol-serving establishments liable if they overserved a driver who later caused an accident. These laws are designed to prevent reckless alcohol service and encourage businesses to act responsibly when serving patrons. 

In Utah, dram shop liability is governed by Utah Code § 32B-15-201, which outlines when a business can be held responsible for damages caused by an intoxicated individual.

When Can a Business Be Held Liable?

Under Utah’s dram shop laws, a bar, restaurant, or liquor store may be liable if:

• They served alcohol to a person who was already visibly intoxicated.
• They provided alcohol to a minor (under 21 years old).
• The intoxicated individual later caused an accident that resulted in injuries or fatalities.

To establish liability, clear evidence must show that the business knowingly overserved or negligently provided alcohol to the at-fault driver.

How Dram Shop Claims Benefit DUI Victims

Dram shop laws expand compensation options for DUI accident victims. If the drunk driver lacks sufficient insurance coverage, victims may seek damages from the establishment that contributed to the driver’s impairment. Compensation may include:

• Medical expenses and long-term rehabilitation costs.
• Lost wages and future earning potential.
• Pain and suffering damages.
• Punitive damages to hold the business accountable.

Limitations on Dram Shop Liability in Utah

Dram shop claims must be filed within two years from the date of the accident. Additionally, Utah law does not hold social hosts liable, meaning private individuals who serve alcohol at parties cannot be sued under dram shop laws.

At Flickinger Boulton Robson Weeks, we investigate all possible sources of liability, including bars and restaurants, to maximize compensation for DUI accident victims. Contact us today for a free consultation to explore your legal options.

Challenges in Utah DUI Accident Claims and How to Overcome Them

Pursuing a DUI accident claim in Utah can be complex, as victims must deal with insurance companies, legal defenses, and evidence collection. Even when the drunk driver is clearly at fault, victims may face several obstacles when seeking compensation. 

Understanding and overcoming these challenges can help strengthen your case and maximize your recovery.

Disputes Over Liability

Even in DUI-related crashes in Utah, the at-fault driver’s insurance company may attempt to shift blame onto the victim. They might argue that the injured party contributed to the accident by speeding, being distracted, or failing to take evasive action.

How to Overcome It

• Gather strong evidence, such as police reports, dashcam footage, and witness statements.
• Work with a DUI accident attorney to challenge any false claims and protect your rights.

Dealing with Insurance Companies

Insurance companies are not on your side. They often try to reduce or deny claims by arguing that injuries are less severe than reported or that medical treatment was unnecessary.

How to Overcome It

• Seek immediate medical attention and document all treatments.
• Avoid giving recorded statements to the insurance company without legal guidance.
• Have an experienced lawyer handle negotiations to ensure you receive fair compensation.

Collecting Full Compensation

DUI accident victims in Utah often require extensive medical care and suffer significant financial losses. However, the drunk driver’s insurance policy may not cover all damages, leaving victims struggling with unpaid expenses.

How to Overcome It

• Pursue punitive damages to hold the drunk driver accountable.
• File a dram shop claim if a bar or restaurant overserved the intoxicated driver.
• Seek compensation from underinsured motorist (UIM) coverage if available.

Why Legal Representation Matters

An experienced DUI accident lawyer can fight against unfair insurance tactics, gather key evidence, and identify all possible sources of compensation. At Flickinger Boulton Robson Weeks, we are dedicated to helping victims overcome legal challenges and maximize their claims. Contact us today for a free consultation.

Notable DUI Case Results

The firm has successfully secured significant settlements for clients injured in Utah DUI accidents, including:

• $6 Million: Obtained for five minor children after their father was killed by an intoxicated employee leaving work. The initial claim was denied but later litigated to a successful resolution.
• $1 Million: Secured in a case against a drunk driver operating a commercial vehicle. Despite the client’s medical bills totaling less than $75,000, litigation resulted in a substantial settlement.

These outcomes highlight the firm’s commitment to fighting for justice and maximizing compensation for injury victims.

Importance of Legal Representation in Maximizing Compensation

After a DUI accident, victims often face serious injuries, mounting medical expenses, lost wages, and emotional trauma. While it may seem straightforward to file an insurance claim, securing full and fair compensation is rarely easy. 

Insurance companies often undervalue claims, shift blame, or delay payments, making it difficult for victims to recover the damages they deserve. This is where legal representation becomes vital; an experienced Utah DUI accident lawyer can navigate the legal complexities, negotiate aggressively, and ensure that victims receive the maximum compensation possible.

How a Lawyer Helps Maximize Compensation

A skilled Utah DUI accident lawyer can maximize your financial compensation by:

Proving Liability and Strengthening Your Case

Even in clear-cut DUI cases, proving fault requires strong evidence. Insurance companies and defense attorneys may argue that the victim shares responsibility or that other factors contributed to the crash. 

A skilled attorney helps by:

• Gathering police reports, BAC test results, and toxicology reports to confirm the at-fault driver was intoxicated.
• Collecting witness statements and surveillance footage to strengthen the claim.
• Working with accident reconstruction experts to establish exactly how the crash occurred.

Handling Insurance Companies and Negotiations

Insurance companies are not on your side. Their goal is to settle for as little as possible. They often:

• Offer lowball settlements that do not cover long-term medical needs.
• Delay processing claims, hoping victims will accept less out of desperation.
• Use recorded statements to twist victims’ words against them.

A DUI accident lawyer protects victims by:

• Handling all communications with insurers to prevent bad-faith tactics.
• Calculating the full extent of damages, including medical bills, lost wages, and future expenses.
• Negotiating aggressively to ensure fair compensation.

Pursuing Punitive Damages

Unlike standard car accident cases, DUI accidents often qualify for punitive damages. These damages punish the drunk driver for reckless behavior and serve as a deterrent. However, proving the need for punitive damages requires legal expertise. An attorney can:

• Demonstrate the gross negligence of the at-fault driver.
• Argue for maximum punitive damages under Utah law.
• Present compelling evidence of reckless behavior, such as multiple DUI offenses or excessive intoxication.