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This content is for informational purposes only and is not intended to provide legal advice.
Any type of vehicle collision can be frightening but one can have you considering giving up your keys. Drunk driving accidents tend to be catastrophic for everyone involved. You may be dealing with serious injuries and extensive property damage. You’re starting to worry about covering these expenses.
Most if not all of your losses should be considered recoverable damages in a Utah DUI accident claim. However, this really doesn’t explain what you may be able to list on your DUI accident claim. We’re looking at what’s typically recoverable in a DUI collision claim to help ensure you’re not leaving any losses out.
Navigating Utah’s Drunk Driving Laws
Before we dive into your potential recoverable damages, it helps to know a bit about Utah’s DUI laws. The Beehive State has some pretty strict DUI laws. Some of the rules are even a little stricter than other states. These statutes lay out what’s considered drunk driving, along with possible punishments. The laws also clarify the state’s position on minors drinking and driving.
- 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 codeonly 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, what damages can you claim in a Utah DUI accident? While there isn’t a specific list of claimable damages, the categories stay the same.
Potential Recoverable Losses in a Utah DUI Car Accident Claim
Your damages from a DUI accident are typically divided into two categories. You probably have economic damages and non-economic losses. Your DUI car accident may even qualify for punitive damages.
However, you can’t list punitive damages on your Utah DUI injury claim. These are damages only awarded by a judge or jury in cases of gross negligence. Your DUI accident may meet gross negligence guidelines so don’t hesitate to talk to your personal injury attorney.
What Are Your Economic Damages?
If you don’t have any economic damages, there’s really no reason to file a personal injury claim. You can try filing for only non-economic losses but you’re probably facing a stiff uphill battle with the insurance company.
Your economic damages are your financial losses. So, essentially every bill, receipt, and estimate relating to the DUI collision can be considered an economic loss.
Medical Expenses
Your medical expenses are probably making up a huge chunk of your accident claim. Medical expenses can be anything from doctor visits to hospital stays, and treatment. Your prescriptions can also be covered, along with rides to medical appointments.
If you need long-term treatment or lifetime care, this is another type of medical expense. Just make sure you save every document relating to your medical care. You’re going to need to provide plenty of evidence with your DUI accident claim.
Property Damage
Your property damage doesn’t stop at your vehicle. Your Utah DUI accident claim can list other damaged property like your clothing and electronics. However, don’t go nuts listing a bunch of stuff you’ve been meaning to replace. You can only list property directly damaged in the car collision.
Don’t forget to save all bills, receipts, and estimates. The insurance adjuster is going to ask for documentation.
Lost Current and Future Income
Drunk driving accidents tend to result in severe if not catastrophic injuries. You may be out of work for a while or the rest of your life. Your lost current and possibly future income is a type of economic damage. If you’re planning on claiming lost wages, you’re going to need things like past pay stubs and probably a letter from your employer.
You’re probably not going to be able to recover 100% of your lost pay. However, you shouldn’t have an issue recovering your average daily pay. Just make sure you have plenty of documentation.
What Are Your Non-Economic Losses?
This category is pretty vague. Your non-economic losses are things like your pain, suffering, mental anguish, etc. Since these types of losses don’t come with a convenient price tag, you need another way of calculating their value.
If figuring out the value of your non-economic losses sounds like a pain, it’s not too complicated. Besides, your non-economic losses can make up a significant part of your DUI claim’s value. Your DUI accident attorney in Utah can use either the multiplier or per diem method to calculate the value of your non-economic losses.
Before you try to figure out your damages after a DUI accident, talk to a Utah personal injury attorney. Your DUI collision lawyer can help you navigate Utah’s DUI laws and recover your damages.
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