People get behind the wheel all the time after having a few too many alcoholic drinks. This is a nationwide problem, it’s not limited to just a few states or a specific geographical region.
The Beehive State is taking steps to stop individuals from driving while intoxicated. Law enforcement made 11,246 DUI arrests in Utah in 2023. Unfortunately, some of these arrests are made after a drunk driving accident occurs.
DUI accident victims rarely walk away unscathed. Injuries and property damage tend to be severe, if not catastrophic. You should be entitled to recover compensation for your damages, but there’s a process.
Utah’s Drunk Driving Laws
Like every other state, Utah has some pretty strict DUI laws. Listed under UT Code 41-6A-501, 50s, 509, and 517. These statutes lay out what’s considered drunk driving, along with possible punishments:
- UT Code § 41-6a-501. This statute simply outlines what’s considered to be under the influence of drugs and/or alcohol. The rule defines terms related to operating a motor vehicle while under the influence. The code also tackles potential penalties and the accepted tests used to determine an individual’s level of intoxication. These tests can include breathalyzers, and blood or urine samples.
- UT Code § 41-6a-502. While the above code covers various definitions, this one looks at what the Beehive State considers legally intoxicated. Anyone with a blood alcohol concentration (BAC) of 0.05% or higher is prohibited from getting behind the wheel. If you’re familiar with other states’ DUI laws, you probably notice Utah is a little stricter. Most other states consider a driver legally intoxicated when their BAC is above 0.08%. This is something to keep in mind if you’re new to Utah’s drunk driving laws.
- UT Code § 41-6a-509. This part of the state’s DUI code only deals with minors. Anyone under the age of 21 is prohibited from buying or consuming alcohol. There are exceptions to the law. Minors can legally drink in very specific situations. However, it’s always illegal to hop behind the wheel after drinking alcohol no matter your age. Under this statute, minors can face penalties along with any adult or establishment providing the alcohol.
- UT Code § 41-6a-517. Utah covers potential penalties for repeat DUI offenders in this rule. Jail time is usually mandatory and you should expect longer license suspensions.
While these rules cover the potential criminal repercussions of driving drunk in Utah, intoxicated motorists can also face civil penalties. In a DUI accident, the intoxicated driver is usually responsible for covering your damages. However, compensation isn’t automatic. You need to follow a few essential steps.
Key Steps for Recovering Compensation in a Utah DUI Car Accident
Filing a DUI accident claim is a process and the clock is already ticking. You have four years to file a DUI accident claim in Utah. Known as the statute of limitations, it usually kicks in the day your DUI accident occurs.
If you miss the four-year filing deadline, there’s a good chance you can’t recover compensation. Once the statute of limitations runs out, your DUI accident is considered closed. You usually can’t open a claim, even with your insurance provider.
Don’t Wait to Report the DUI Accident
Utah law is pretty clear when it comes to reporting vehicle accidents. Any time injuries and/or fatalities are present, you can’t put off reporting the collision. This also applies when a suspected intoxicated driver is involved.
The law doesn’t care who’s at fault or the extent of the damage, the vehicle wreck must be immediately reported. If you decide to let an intoxicated driver off after the accident, you may be risking serious legal penalties. Possibly even worse, you may be partially liable for damages if the suspected intoxicated driver gets into another collision.
Calling 9-1-1 not only helps protect you legally, but it’s also an essential step in the accident claim process. You’re going to need a copy of your accident report to prove your DUI injury claim.
Plan on Getting Immediate Medical Care
DUI accidents often result in serious injuries. Even when the collision occurs at relatively low speeds, damage can still be substantial. Even if you don’t need an ambulatory ride to the emergency room, you should still make an immediate appointment with your healthcare provider.
Even low-impact DUI accidents can cause soft tissue injuries and even internal bleeding. Signs and symptoms of these types of injuries can take a while to appear. Getting checked out immediately after the collision can help prevent serious health complications. Besides, you’re going to need copies of your medical records for your DUI injury claim.
Get Your Evidence Together
You can’t expect to recover compensation for a DUI accident if you can’t provide evidence. In other words, the insurance company isn’t just going to take your word. They’re going to request plenty of proof. Some of the documents you’re probably going to need include:
- Your accident report. You can usually pick up a copy about 10 days or so after the accident occurs.
- All of your medical records relating to any injuries sustained in the accident. This also includes any bills and receipts relating to your medical treatments. If you need long-term or lifetime care, you may also need expert medical testimony.
- Bills and receipts relating to your property damage. This can also include any repair or replacement estimates. Don’t forget your property damage isn’t limited to your vehicle. You can claim things like ripped clothing and broken handheld electronics.
Some DUI accident claims also list lost current income. If your injuries are preventing you from returning to work, you may be able to claim this loss. If so, you’re going to need your pay stubs, and probably a letter from your employer.
Hiring a Utah DUI Accident Attorney Can Be an Essential Step
DUI accident claims are usually complex. You’re probably dealing with extensive damages, and more than one party may be liable for your DUI collision. Partnering with an experienced Utah personal injury attorney can help ensure you can successfully recover compensation for your DUI collision.
