After a crash involving a suspected impaired driver, attention often turns to the arrest, testing and criminal charges. Meanwhile, you may be dealing with treatment, missed paychecks and an insurer asking for answers.
Those concerns do not have to wait until the criminal case ends. Nuttall Brown & Coutts represents people injured in Utah crashes involving drunk or impaired drivers. An attorney handles accepted injury cases from the first consultation through resolution.
Call (801) 255-2102 for a free case review. You pay no attorney fee unless we recover for you.
How is an injury claim different from a DUI prosecution?
A criminal prosecution is brought by the government. A civil injury claim concerns responsibility for the harm you suffered and the compensation available under applicable law.
The proceedings have different purposes, procedures and proof requirements. An arrest or criminal charge does not automatically establish every part of a civil claim or guarantee an insurance payment.
If restitution is ordered in a criminal case, an attorney can review how that relates to the injury claim. Do not assume a criminal sentence will resolve all of your medical bills, income loss or other injury-related losses.
Who may be responsible?
The driver’s conduct is an important starting point. The investigation should also consider how the collision happened and whether anyone else’s conduct contributed.
Depending on the facts, questions may arise about another driver, an employer or the furnishing of alcohol. Utah has specific rules governing liability for providing alcohol in certain circumstances. Alcohol being served somewhere does not, by itself, establish a claim against that business or person.
Tell us what you know without trying to investigate or confront anyone yourself. An attorney can assess whether additional parties and records need to be considered.
Evidence that may matter
An investigation may involve:
- The crash report and the identity of the investigating agency.
- Witness accounts of the collision and the driver’s conduct.
- Photographs, available dashcam footage and nearby video.
- Police observations and testing records obtainable through the appropriate process.
- Information about the vehicles, employers and insurance policies involved.
- Medical documentation connecting the crash to the injuries claimed.
A report that mentions impairment can be significant, but it does not replace the rest of the evidence. Fault, causation, injuries and coverage still need attention.
What if the driver has little or no insurance?
An attorney can examine the coverage that may apply, including potentially relevant uninsured or underinsured motorist coverage and any other supported source of liability coverage.
Whether a policy applies depends on its terms and the circumstances. Do not assume that the presence of alcohol either guarantees coverage or eliminates every possible source of recovery.
Keep insurance letters, claim numbers and any documents you have been asked to sign. The free case review is an opportunity to discuss those questions before making decisions about a settlement.
Should I wait for the criminal case to finish?
Contact an attorney promptly about the injury claim. Evidence can become harder to obtain, and civil deadlines need to be reviewed separately from the criminal proceedings.
You do not need an arrest, conviction or complete police file before asking for a case review. Tell us whether charges are pending and whether an insurer has already contacted you.
The claim should reflect what the injury changed
Depending on the facts and applicable law, a claim may address treatment, future medical needs, lost income, reduced earning capacity, pain and lasting limitations. If someone died, the family may need a separate review of potential wrongful-death claims and who may bring them.
For 40+ years, our firm has helped injured people pursue personal injury claims. We serve clients throughout Utah from our Cottonwood Heights office.
Call (801) 255-2102. Our call service answers 24/7, and an attorney reviews your inquiry.
You pay no attorney fee unless we recover for you. Ask us how case costs are handled under your fee agreement.
