Salt Lake City Drunk Driving Accident Lawyers

(801) 970-9913

310 E 4500 S #550, Murray, UT 84107

Salt Lake City Drunk Driving Accident Lawyer

Recovering Maximum Compensation for Victims of Impaired Drivers

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$100M+ Recovered
Proven track record of results

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No Fee Unless We Win
Contingency-based representation

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Bilingual: English & Spanish
Dan Benzion speaks your language

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Meet every commitment or owe nothing

Overview: Drunk Driving Accidents in Salt Lake City

Every year, thousands of Salt Lake City residents and visitors are injured by drunk drivers. These catastrophic collisions destroy lives, leave families devastated, and create lasting physical and emotional trauma. At BAM Personal Injury Lawyers, we understand the profound impact of being struck by an impaired driver, and we're dedicated to securing the maximum compensation our clients deserve.

Drunk driving accidents are distinguishable from ordinary vehicular collisions because they involve recklessness and intentional misconduct. A driver who chooses to operate a vehicle while impaired is making a conscious decision that puts every person on the road at serious risk. This willful disregard for human safety forms the foundation for both criminal DUI charges and civil liability in personal injury litigation.

Utah's legal system recognizes the severity of drunk driving and has implemented some of the nation's strictest DUI laws. These statutes provide critical protections for victims and create multiple avenues for recovery. As experienced trial attorneys with over $100 million in recoveries, BAM Personal Injury Lawyers combines deep knowledge of Utah's DUI statutes with aggressive representation to ensure that victims receive full compensation for their injuries, lost wages, medical expenses, and pain and suffering.

When a drunk driver strikes your vehicle, you have the right to pursue a civil claim for damages. Unlike criminal proceedings, which focus on punishing the driver, civil litigation focuses on compensating you for your losses. We handle every aspect of your case from investigation through trial, working tirelessly to hold impaired drivers and the establishments that served them accountable.

Utah's 0.05% BAC Law: The Nation's Strictest

Utah has the lowest legal blood alcohol content (BAC) limit in the United States. Effective December 30, 2018, Utah law established that driving with a BAC of 0.05% or greater constitutes driving under the influence, down from the federal standard of 0.08%. This makes Utah significantly stricter than all other states, reflecting a strong commitment to road safety and victim protection.

Under Utah Code Section 41-6a-502, it is unlawful for any person to operate a vehicle if that person has a blood or breath alcohol concentration of 0.05% or greater. This statute applies to drivers of any age and carries severe penalties. For a first offense, conviction can result in fines up to $1,000, license suspension for 120 days, and up to six months in jail. Subsequent offenses carry increasingly harsh penalties, including mandatory jail time and extended license suspensions.

The significance of Utah's 0.05% BAC law cannot be overstated in personal injury litigation. When you're injured by a driver with a BAC of 0.05% or higher, that fact creates presumptive evidence of impairment and establishes legal fault in your civil case. This low threshold means that even drivers who might not have been charged in other states can be held accountable in Utah, providing greater protection for accident victims.

Additionally, a DUI conviction in the criminal case dramatically strengthens your civil claim for damages. The criminal conviction serves as powerful evidence of negligence and can lead to higher settlements and jury awards. Even if the criminal case results in acquittal or dismissal, police reports documenting failed field sobriety tests, erratic driving patterns, and observations of impairment remain admissible in your civil lawsuit. Our attorneys use all available evidence to prove the defendant's impairment and culpability.

Types of Drunk Driving Accidents

Impaired drivers cause a wide variety of collision types, each with distinctive patterns of injury and liability. Understanding these accident categories helps establish the defendant's negligence and predict the extent of injuries you may have sustained.

Head-On Collisions

Head-on collisions caused by drunk drivers are among the most catastrophic and frequently fatal accidents on the road. These collisions typically occur when an impaired driver crosses the centerline or enters the wrong lane, striking oncoming traffic with full force. The combined velocity of both vehicles creates extreme impact forces that result in severe injuries including traumatic brain injuries, spinal cord damage, internal organ injuries, and multiple fractures. Head-on collisions frequently kill or permanently disable victims. At BAM, we pursue the most aggressive claims possible in these cases, recognizing the life-altering nature of these injuries.

Wrong-Way Driving Accidents

Intoxicated drivers frequently navigate roadways in the wrong direction, particularly on divided highways and one-way streets. Wrong-way accidents are virtually always catastrophic because drivers have no time to react, and the collision speeds are typically at highway velocities. These accidents demonstrate the severity of the defendant's impairment and recklessness, supporting claims for substantial damages including punitive damages. We investigate the circumstances carefully to establish how police identified the wrong-way driving pattern and the defendant's BAC at the time of the collision.

Rear-End Collisions

Drunk drivers frequently strike vehicles from behind because impairment impairs their ability to judge distances, react to braking vehicles, and maintain safe following distances. Rear-end collisions caused by intoxicated drivers establish clear liability because the defendant had the duty to maintain control of their vehicle and avoid collisions with vehicles ahead. These accidents frequently result in whiplash injuries, neck and spinal injuries, and back trauma. We use police reports, crash reconstruction experts, and the defendant's BAC test results to establish the impairment as the cause of the collision.

Intersection Accidents

Impaired drivers frequently misjudge traffic signals, fail to recognize oncoming traffic, and strike other vehicles in intersections. These collisions often occur at high speed and result in severe injuries to occupants in both vehicles. Intersection accidents caused by drunk drivers demonstrate the defendant's complete inability to safely navigate controlled traffic situations. Evidence of running red lights, ignoring stop signs, or failing to yield demonstrates the severity of impairment and supports claims for punitive damages.

Pedestrian and Cyclist Accidents

Some of the most tragic drunk driving accidents involve pedestrians and cyclists who have no protective barriers. Intoxicated drivers frequently fail to see pedestrians in crosswalks, on sidewalks, or in bike lanes, resulting in struck pedestrian and cyclist accidents that cause severe injuries and fatalities. These cases typically support claims for significant compensatory damages and punitive damages because the defendant's conduct was particularly reckless and dangerous to vulnerable road users.

Hit-and-Run Accidents

Some impaired drivers flee the scene after striking another vehicle or pedestrian. Hit-and-run accidents caused by drunk drivers are prosecuted aggressively in Utah and create significant liability in civil court. The fact that the defendant fled the scene demonstrates consciousness of guilt and the severity of their impairment. When the defendant is eventually identified and charged with DUI and leaving the scene, these additional charges strengthen your civil claim significantly.

Common Injuries from Drunk Driving Collisions

Drunk driving accidents result in the full spectrum of personal injury categories, from minor soft tissue injuries to catastrophic, permanently disabling trauma. The nature and severity of injuries depend on multiple factors including the speed of the vehicles, the angle of impact, whether seatbelts and airbags functioned properly, and the location of occupants in the vehicles.

Head and Traumatic Brain Injuries

Brain injuries are among the most common and most devastating injuries resulting from drunk driving accidents. Even in collisions where occupants were wearing seatbelts, the force of impact can cause the brain to move within the skull, resulting in traumatic brain injuries ranging from mild concussions to severe diffuse axonal injury. Traumatic brain injury symptoms may not manifest immediately, developing over hours or days following the collision. Long-term effects include cognitive impairment, memory loss, personality changes, difficulty concentrating, headaches, and increased risk of seizure disorders. Many TBI victims require ongoing neurological care and cognitive rehabilitation. These injuries justify substantial damage awards because they frequently prevent victims from returning to work and significantly reduce quality of life.

Spinal Cord and Back Injuries

The forces generated in drunk driving accidents frequently cause whiplash injuries, herniated discs, spinal fractures, and spinal cord damage. Complete spinal cord injuries result in permanent paralysis, requiring lifelong medical care, mobility assistance, home modifications, and attendant care. Partial spinal cord injuries cause chronic pain, numbness, weakness, and reduced mobility. Even without neurological damage, disc herniations and facet joint injuries cause chronic pain and limitations on activity. We retain qualified orthopedic surgeons and spine specialists to evaluate the extent of your spinal injuries and calculate the lifetime medical costs and lost earning capacity.

Orthopedic Injuries

Drunk driving accidents frequently cause fractures of the arms, legs, ribs, pelvis, and other bones. Severe fractures may require surgical repair and extended rehabilitation. Some fractures result in permanent deformity, chronic pain, and reduced range of motion. Compound fractures with bone penetration through skin carry high infection risk and may result in amputation. We work with orthopedic surgeons to document the severity of fractures, the procedures required for repair, and any permanent limitations or chronic pain resulting from the injury.

Internal Organ Injuries

High-impact drunk driving accidents can cause serious internal bleeding, organ lacerations, and organ failure. Injuries to the liver, spleen, kidneys, lungs, and other organs may require emergency surgery and result in permanent loss of organ function. Some internal injuries require lifelong monitoring and medical management. These injuries justify substantial medical expense damages and pain and suffering damages.

Burn and Crush Injuries

Some drunk driving accidents result in vehicle fires or entrapment that causes burn injuries and crush injuries. Severe burn injuries require extensive surgical reconstruction, multiple skin graft procedures, and lifelong scar tissue management. Crush injuries from vehicles being pinned between other vehicles or obstacles cause severe tissue damage, compartment syndrome, and permanent disability. These injuries justify maximum damage awards.

Emotional and Psychological Injuries

In addition to physical injuries, accident victims frequently develop post-traumatic stress disorder, anxiety disorders, depression, and sleep disturbances. Psychological injuries are particularly common in pedestrians struck by vehicles or occupants who witnessed severe injuries to family members. These psychological injuries are compensable under Utah law and justify substantial damages for pain and suffering and emotional distress.

How Utah DUI Laws Help Your Civil Case

Utah's criminal DUI statutes work hand-in-hand with civil liability law to provide multiple avenues for recovering compensation from drunk drivers. Understanding the relationship between criminal and civil proceedings is essential to maximizing your recovery.

Criminal DUI Charges as Evidence of Civil Negligence

When a driver is charged with DUI under Utah Code Section 41-6a-502, that criminal case generates substantial evidence that strengthens your civil claim. The police report documents the officer's observations of impairment including bloodshot eyes, slurred speech, odor of alcohol, and poor coordination. Field sobriety test results—including the walk-and-turn test, one-leg-stand test, and horizontal gaze nystagmus test—provide concrete evidence of impairment. Blood or breath alcohol test results establish the driver's BAC at the time of the collision. Even if the criminal case does not result in conviction, all this evidence remains admissible in your civil lawsuit and proves the defendant's negligence.

Implied Consent Law

Utah Code Section 41-6a-517 establishes the implied consent law, which requires drivers to submit to blood or breath testing when lawfully arrested for DUI. The refusal to submit to testing strengthens your civil case because it suggests consciousness of guilt and allows the jury to infer that the defendant's BAC was at an illegal level. If a defendant refuses testing, police can obtain a warrant for a blood draw, which provides direct evidence of impairment. We use refusal evidence and warrant-based blood tests to establish the defendant's impairment in your civil claim.

Administrative License Suspension

Upon arrest for DUI, Utah law immediately suspends the driver's license administratively, separate from any criminal conviction. License suspension occurs whether or not the defendant submits to testing and whether or not the criminal case results in conviction. This administrative suspension demonstrates that law enforcement found reasonable grounds to believe the driver was impaired. We use evidence of license suspension in your civil case to establish the defendant's impairment and the reasonableness of the officer's suspicions.

Proving a Drunk Driving Accident Claim

Establishing liability in a drunk driving accident case requires assembling multiple pieces of evidence that collectively prove the defendant operated their vehicle while impaired. Our experienced trial attorneys understand the evidence needed to prove these cases at trial or during settlement negotiations.

Police Reports and Accident Investigation

The police report generated at the scene of the accident documents crucial facts including the officer's observations, the defendant's statements, field sobriety test results, and the accident scene investigation. We obtain complete police reports including all supplemental reports, witness statements, and evidence logs. If the defendant was transported to the hospital, we obtain hospital records documenting any medical observations of impairment. If the defendant was transported to jail, we obtain booking records and any video footage from the police station showing the defendant's condition and demeanor.

Chemical Testing Results

Blood alcohol tests and breath alcohol tests provide definitive evidence of impairment. We obtain certified test results and expert testimony regarding the reliability of the testing methodology and the defendant's BAC at the time of the collision. We may challenge testing procedures if the defendant was not properly observed before testing, if the equipment was not properly calibrated, or if the blood sample was not properly preserved. Even if testing procedures were proper, the BAC results establish the defendant's level of impairment.

Eyewitness Testimony

We interview eyewitnesses to the collision who can testify regarding the defendant's driving behavior immediately before the collision. Witnesses frequently describe erratic driving including swerving, speeding, driving too slowly, crossing lane markings, running traffic signals, and failing to avoid the collision. Witnesses at bars or restaurants may testify regarding the defendant's intoxicated appearance before leaving the establishment. We obtain detailed statements from all eyewitnesses and prepare them for deposition and trial testimony.

Expert Testimony from Accident Reconstructionists

We retain accident reconstructionists who analyze the physical evidence from the collision and provide expert opinions regarding the defendant's vehicle speed, braking behavior, and whether the collision could have been avoided by a sober driver. Reconstructionists examine vehicle damage, skid marks, sight lines, and traffic control devices to determine the defendant's liability. An expert opinion that a sober driver would have avoided the collision strengthens your case significantly.

Criminal Case Records and Conviction

If the defendant is convicted of DUI in criminal court, that conviction creates presumptive evidence of negligence in your civil case. Utah law provides that a conviction in criminal court constitutes evidence of the elements of civil liability including negligence. Even if the criminal case is still pending or results in acquittal, we use the evidence presented in criminal court to establish the defendant's impairment in your civil claim.

Bar and Restaurant Evidence

If the defendant was served alcohol at a bar or restaurant before the collision, we obtain records from that establishment including the defendant's tab, the number of drinks served, the time period over which drinks were served, and observations from servers and bartenders regarding the defendant's intoxication. This evidence supports claims for dram shop liability against the establishment. We obtain surveillance video footage from the bar if available, which may show the defendant's level of intoxication.

Dram Shop Liability: Suing Bars & Restaurants

Utah law recognizes dram shop liability, which allows accident victims to recover damages from bars, restaurants, and other establishments that illegally serve alcohol to intoxicated patrons who then cause accidents. This doctrine extends liability beyond the drunk driver to the business that enabled the drunk driving by continuing to serve alcohol after the patron was obviously intoxicated.

Legal Basis for Dram Shop Claims

Utah Code Section 32A-12-202 imposes liability on alcohol licensees who sell or serve alcoholic beverages to persons they know or should know are intoxicated, if the sales or service contribute to the intoxication of that person. The statute creates a cause of action for anyone injured by that intoxicated person. This means if a bar served your driver multiple rounds of drinks while the driver was obviously intoxicated, the bar can be held liable for your injuries and damages. Dram shop claims are separate from claims against the drunk driver and provide an additional source of recovery.

Proving Dram Shop Liability

To establish dram shop liability, we must prove that: (1) the defendant establishment sold or served alcohol to the drunk driver; (2) the defendant knew or should have known the driver was intoxicated; (3) the service or sale contributed to the driver's intoxication; and (4) the driver's intoxication caused the accident and your injuries. We establish these elements through bar records, server testimony, bartender testimony, surveillance video, and expert testimony regarding the driver's visible intoxication signs at the time of service.

Financial Recovery from Dram Shop Liability

Dram shop liability claims are valuable because bars and restaurants carry commercial general liability insurance with coverage limits far exceeding the personal auto insurance limits of individual drunk drivers. Many drunk drivers carry minimal or no personal auto insurance, making them judgment-proof. Dram shop liability provides access to substantial insurance coverage. We investigate the establishment's insurance coverage and pursue maximum damages against both the drunk driver and the bar that illegally served them.

Overserving as Negligence

Beyond statutory dram shop liability, we may pursue claims against bars based on common law negligence principles. A bar owes a duty to its patrons and the general public not to serve alcohol in a reckless manner that foreseeably creates a danger to others. We present evidence of the establishment's policies regarding intoxicated patrons, training provided to servers and bartenders, and specific failures to comply with those policies. We show that a reasonable bar would have refused service or offered alternative transportation to the obviously intoxicated driver.

Punitive Damages in Drunk Driving Cases

Utah law recognizes that drunk driving constitutes particularly egregious misconduct justifying punitive damages beyond compensation for actual injuries. Punitive damages punish the defendant for deliberate or reckless conduct and deter similar conduct by others. In drunk driving cases, juries frequently award substantial punitive damages alongside compensatory damages.

Legal Standard for Punitive Damages

Under Utah Code Section 78B-3-106, punitive damages may be awarded in actions where the defendant's conduct was reckless, deliberate, or intentional. Driving while intoxicated qualifies as reckless conduct because the defendant consciously disregards a substantial and unjustifiable risk that serious injury will result. Choosing to drive after consuming alcohol demonstrates deliberate indifference to the safety of others. Courts and juries recognize that drunk driving is not mere carelessness—it is a conscious choice to create a dangerous condition on public roads.

Factors Considered for Punitive Damages Awards

Utah courts consider multiple factors when determining whether to award punitive damages and the appropriate amount. These factors include: (1) the degree of the defendant's culpability for the conduct; (2) the nature and extent of harm to the plaintiff; (3) the defendant's awareness of the risk of harm; (4) the financial condition of the defendant; (5) the duration of the defendant's misconduct; (6) any prior similar misconduct by the defendant; and (7) whether the defendant's conduct was motivated by financial gain. In drunk driving cases, almost all these factors favor substantial punitive damages. Defendants who have prior DUI convictions face particularly high punitive damages exposure because the history of misconduct demonstrates willful disregard for the law and others' safety.

Maximum Punitive Damages Amounts

While Utah does not cap punitive damages in personal injury cases, courts have discretion to determine appropriate punitive damages amounts. In cases where the defendant caused severe injuries, particularly where the defendant had prior DUI convictions or was driving with a highly elevated BAC, juries frequently award punitive damages equaling or exceeding the compensatory damages. We present evidence of the defendant's financial condition and prior misconduct to support substantial punitive damages awards. Juries understand that punitive damages serve an important function in deterring future drunk driving and ensuring that wealthy defendants cannot simply pay their way out of liability.

Single Occurrence Punitive Damages Limitations

If multiple victims are injured in a single drunk driving accident, Utah law restricts the total punitive damages award to a reasonable multiple of the largest compensatory award. This limitation prevents unlimited punitive damages in multi-victim cases. However, each victim's claim for punitive damages is considered separately, and reasonable proportional punitive damages are allocated among the victims. We ensure that your punitive damages claim receives appropriate consideration among all victims.

Types of Compensation Available

Utah law provides comprehensive compensation for victims of drunk driving accidents. Damages fall into two categories: compensatory damages that reimburse you for actual losses and punitive damages that punish the defendant for egregious conduct. Our attorneys pursue the maximum amount of both categories.

Medical Expenses

Compensatory damages include all necessary medical expenses related to your accident injuries. This includes emergency room treatment, hospitalization, surgery, physician fees, diagnostic testing, rehabilitation, physical therapy, occupational therapy, mental health counseling, medications, medical equipment, and ongoing medical monitoring. We obtain detailed medical records and bills from all providers and engage medical professionals to testify regarding the necessity and reasonableness of all treatment. Future medical expenses are also recoverable if medical experts testify that continued treatment will be necessary. We calculate the present value of future medical expenses to account for the time-value of money.

Lost Wages and Lost Earning Capacity

If your injuries prevent you from working, you can recover compensation for all lost wages and benefits during your recovery period. If your injuries are permanent or substantially reduce your ability to work, you can recover damages for reduced earning capacity for the remainder of your working life. We work with vocational rehabilitation experts and economists to calculate the present value of your lifetime lost earnings. This calculation considers your age, education, work history, the severity of your injuries, and medical evidence regarding your permanent limitations. In cases where workers cannot return to their previous occupation, vocational experts testify regarding the wages available in occupations the worker can perform with their permanent limitations.

Pain and Suffering Damages

Utah law recognizes that injury victims are entitled to compensation for physical pain, mental anguish, emotional distress, and loss of enjoyment of life. These non-economic damages compensate you for the subjective experience of your injuries. Pain and suffering damages are particularly appropriate in drunk driving cases because impaired driving frequently causes severe, permanent injuries that substantially diminish quality of life. We present evidence of your pain experience through your testimony, family testimony, medical records, and testimony from medical providers regarding your suffering. Juries are instructed to consider the severity of pain, the duration of pain, and the impact of pain on daily activities.

Loss of Consortium Damages

Family members of severely injured victims can recover damages for loss of consortium, which compensates them for the loss of companionship, sexual relations, and normal family relationship with the injured person. Spouses can recover loss of consortium damages, as can minor children. These damages recognize the impact of the injured person's disabilities on family relationships. We pursue loss of consortium claims on behalf of family members in cases where the victim's injuries are severe and permanent.

Disfigurement and Disability Damages

If your injuries result in visible disfigurement including scars, burn marks, or other permanent deformities, you can recover specific damages for disfigurement. If your injuries result in permanent disability including loss of limb function, paralysis, or cognitive impairment, you can recover damages for disability. These damages account for the permanent nature of your injuries and their impact on your quality of life and social interactions.

Punitive Damages

As discussed above, punitive damages punish the defendant for reckless or deliberate conduct and deter similar conduct. In drunk driving cases, punitive damages frequently exceed compensatory damages because the defendant's conduct was particularly culpable. We present evidence of the defendant's mental state, knowledge of danger, and prior misconduct to support maximum punitive damages awards.

What to Do After Being Hit by a Drunk Driver

The immediate steps you take following a drunk driving accident significantly impact your ability to recover damages. Understanding the proper procedures to follow preserves evidence and protects your legal rights.

Ensure Your Safety and Seek Medical Treatment

Your first priority is ensuring that you and your passengers are safe and calling 911 if anyone requires emergency medical attention. Even if you do not immediately feel injured, you should seek medical evaluation because some injuries including head injuries and internal injuries may not cause immediate symptoms. Request an ambulance if you have any concern about your condition. Document your medical treatment and follow all medical recommendations. Detailed medical records are crucial evidence of your injuries and the defendant's liability.

Document the Scene and Gather Information

If you are able to do so safely, document the accident scene by taking photographs and videos of vehicle damage, skid marks, traffic signals, road conditions, and the defendant's vehicle. Exchange contact information with the other driver including name, address, phone number, driver's license number, vehicle information, and insurance information. Obtain contact information from all eyewitnesses who saw the collision. Document the time of the accident, weather conditions, and your observations regarding the defendant's apparent intoxication.

Call Law Enforcement

Call 911 to report the accident. Cooperate fully with the police investigation but do not admit fault or provide statements that could be used against you. Tell police officers if you observed signs of impairment including slurred speech, bloodshot eyes, odor of alcohol, or erratic behavior. Provide police with your medical condition and request that the accident be investigated as a potential DUI. Request the police report number and the name of the investigating officer so you can obtain the police report later.

Preserve Evidence

Do not dispose of damaged clothing, medical devices, or other evidence related to your accident. These items may be important proof of the severity of your injuries. Request that your vehicle not be repaired immediately so that insurance adjusters and accident experts can examine the damage. If the defendant's vehicle is involved in the accident, document its appearance and damage before repairs are made.

Obtain Medical Records and Bills

Request copies of all medical records, diagnostic test results, surgical reports, and medical bills related to your accident injuries. These records document the nature and extent of your injuries and the cost of your medical treatment. Organize your medical records chronologically and maintain detailed records of medical appointments and treatments.

Contact an Experienced Personal Injury Attorney

Time is critical following a drunk driving accident. Important evidence may be lost, memories may fade, and statutes of limitations may apply. Contact BAM Personal Injury Lawyers as soon as possible after your accident. We conduct a comprehensive investigation, obtain all evidence, file appropriate insurance claims, and negotiate aggressively on your behalf. Under Utah's statute of limitations codified in Section 78B-2-307, you generally have four years to file a personal injury lawsuit, but do not delay in contacting an attorney because insurance companies move quickly and evidence preservation is critical.

How BAM Handles Drunk Driving Accident Cases

BAM Personal Injury Lawyers combines decades of personal injury trial experience with unwavering commitment to our clients' recovery. Our approach to drunk driving cases is aggressive, comprehensive, and focused on maximizing your compensation.

Comprehensive Investigation

We conduct thorough investigations of every drunk driving accident case. Our investigators interview eyewitnesses, obtain police reports and all police evidence, secure surveillance video from nearby businesses and traffic cameras, obtain toxicology results and medical records, and analyze the defendant's social media and prior conduct history. We investigate bar and restaurant service records to support dram shop liability claims. We retain accident reconstructionists to analyze the collision circumstances and support our liability theory. This comprehensive investigation ensures that we understand every fact favorable to your claim and every fact that could be used against you.

Expert Analysis and Testimony

We retain the region's most qualified experts including accident reconstructionists, toxicologists, neurologists, orthopedic surgeons, vocational rehabilitation specialists, life care planners, and economists. These experts provide opinions that prove the defendant's impairment, the cause of your injuries, the extent of your permanent disabilities, and the economic value of your damages. We prepare our experts thoroughly for deposition and trial testimony, ensuring that their opinions are persuasive and withstand aggressive cross-examination.

Aggressive Insurance Negotiations

We handle all communication with insurance companies, ensuring that the defendant's insurance carrier understands the strength of your claim and the risks of trial. We document the defendant's impairment, present evidence of your injuries, and demand appropriate compensation. We are prepared to file suit and litigate aggressively if the insurance carrier does not make a reasonable settlement offer. Our trial experience and reputation for taking strong cases to jury verdict mean that insurance companies take our settlement demands seriously.

BAM Guarantee: Our Promise to You

We stand behind our work with the BAM Guarantee. If we fail to meet every commitment we make to you before receiving a settlement offer, you owe us nothing. This guarantee reflects our confidence in our abilities and our commitment to your recovery. We make specific commitments to you regarding investigation, expert retention, settlement demands, and trial preparation, and we hold ourselves accountable for meeting those commitments.

No Fee Unless We Win

We represent injured clients on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Our fees are contingent on obtaining a settlement or jury verdict in your favor. This arrangement aligns our interests with yours—we only profit when we achieve results for you. If we do not recover compensation, you owe nothing for our legal services. We advance all costs of investigation, expert retention, and litigation, and we recover these costs from the settlement or judgment.

Bilingual Representation

Dan Benzion, one of BAM's founding partners, is bilingual in English and Spanish. We provide legal representation to Spanish-speaking clients with fluency in their native language, ensuring clear communication and understanding of your legal rights and options. We have interpreters available for medical appointments, expert consultations, and all aspects of your case.

Trial-Ready Preparation

We prepare every case for trial from the beginning. While most cases settle, we do not negotiate from weakness. Our attorneys have tried numerous personal injury cases to jury verdict and possess the skills and experience necessary to present compelling evidence at trial. Insurance companies know that we will try cases, which motivates them to make reasonable settlement offers rather than risk a jury verdict. If your case does proceed to trial, you will have experienced trial attorneys protecting your interests throughout the litigation.

Salt Lake City's Most Dangerous DUI Accident Locations

Certain locations in Salt Lake City experience higher concentrations of drunk driving accidents due to the proximity of bars and entertainment venues, traffic volume, or dangerous road configurations. Understanding these high-risk areas helps victims and their families stay safe while driving.

Entertainment Districts and Bar Zones

Downtown Salt Lake City's entertainment district along South Temple and Main Street contains numerous bars, nightclubs, and restaurants where alcohol is served. Late-night collisions in this area frequently involve intoxicated drivers leaving bars and nightclubs. The area experiences higher DUI accident rates on weekends and during evening hours. We have handled numerous drunk driving cases involving collisions in downtown Salt Lake City where defendants were leaving establishments after heavy drinking.

East Side Entertainment Areas

The area around 400 South and 300 East in Salt Lake City contains numerous bars and restaurants. This entertainment district sees elevated DUI accident rates, particularly on weekends. The proximity of multiple bars creates an environment where intoxicated patrons move between establishments and eventually drive impaired vehicles.

Highway Corridors

Interstate 15 running through Salt Lake City experiences a high volume of drunk driving accidents, particularly on weekend nights. The high-speed highway environment amplifies the danger created by impaired drivers. Wrong-way driving accidents, which are particularly catastrophic, occur more frequently on I-15. We have handled numerous severe injury cases involving collisions on I-15 between intoxicated drivers and other vehicles.

State Street

State Street running north-south through Salt Lake City contains multiple commercial areas and bars. The busy roadway experiences frequent drunk driving accidents, particularly near entertainment venues and late-night establishments. Collisions on State Street frequently involve high speeds and multiple vehicles.

Holiday and Weekend Periods

DUI accident rates increase significantly during holiday periods including New Year's Eve, St. Patrick's Day, Halloween, and other occasions when alcohol consumption increases. Weekend nights, particularly Friday and Saturday nights after midnight, see elevated drunk driving accident rates. Summer months and ski season also see increased DUI accidents due to increased entertainment and tourism.

Late-Night Hours

The greatest concentration of drunk driving accidents occurs during late-night hours from 10 PM to 4 AM, when bars are open and intoxication levels peak. Accidents during these hours frequently involve severely impaired drivers operating at high speeds and causing the most serious injuries.

Frequently Asked Questions

How much time do I have to file a lawsuit after being hit by a drunk driver?
Under Utah Code Section 78B-2-307, you generally have four years from the date of the collision to file a personal injury lawsuit against the drunk driver. However, you should contact an attorney immediately after your accident because insurance companies move quickly, evidence may be lost, and important procedural deadlines apply. Additionally, if the defendant leaves the state, the statute of limitations may be extended under certain circumstances. Do not delay in contacting an attorney—the sooner we begin investigating, the better we can protect your rights and preserve evidence.

What if the drunk driver doesn't have insurance or can't pay the judgment?
If the drunk driver has no insurance or insufficient insurance, we pursue alternative sources of recovery. First, your own uninsured or underinsured motorist coverage may provide compensation. Second, if the driver was served alcohol by a bar or restaurant before the accident, we can pursue dram shop liability claims against the establishment and its insurance carrier. Third, if the accident occurred on public property, we may pursue claims against government entities under Section 63G-7-101, Utah's Governmental Immunity Act, if the negligence involved failure to maintain safe roads. Finally, we can pursue a judgment against the driver and attempt to collect through wage garnishment or other collection mechanisms. We explore all available sources of recovery to maximize your compensation.

Can I recover damages even if the criminal DUI case hasn't been resolved yet?
Yes, you can pursue your civil claim for damages regardless of the status of the criminal case. In fact, your civil case can proceed faster than the criminal case because the burden of proof is lower—civil cases require proof by a preponderance of the evidence (more likely than not), while criminal cases require proof beyond a reasonable doubt. We typically do not wait for the criminal case to conclude before filing and litigating your civil claim. Evidence from the criminal case, including the police report and any conviction or guilty plea, strengthens your civil case. Even if the criminal case results in acquittal or dismissal, the evidence of impairment presented in the criminal proceedings remains admissible in your civil lawsuit.

What is comparative negligence and how does it affect my case?
Utah follows the comparative negligence doctrine codified in Section 78B-5-818. This statute allows injured victims to recover damages even if they were partially at fault for the accident, as long as their negligence was not equal to or greater than the defendant's negligence. If you were 25% at fault and the drunk driver was 75% at fault, you can recover 75% of your total damages. If you were 50% or more at fault, you cannot recover damages. In drunk driving cases, the defendant's impairment is typically so significant that even if you were partially at fault, the drunk driver's negligence usually exceeds yours. We present evidence to minimize any comparative negligence and maximize your recovery percentage.

Will my case go to trial or will it settle?
The majority of personal injury cases settle before trial, and many drunk driving cases settle once the defendant's insurance carrier understands the strength of the evidence and the risks of trial. However, we prepare every case for trial from the beginning. Insurance companies take us seriously because we have tried cases and have the skills and experience to present compelling evidence at trial. We do not accept lowball settlement offers and will take your case to trial if necessary to obtain fair compensation. Factors affecting settlement prospects include the clarity of liability, the severity of your injuries, the defendant's insurance coverage, and the strength of evidence regarding the defendant's impairment. We will discuss settlement prospects and trial options in detail as your case progresses.

Can family members recover damages if a loved one is killed in a drunk driving accident?
Yes, Utah law allows family members to pursue wrongful death claims when a person is killed by a drunk driver. The surviving spouse, children, and parents of the deceased can recover damages for the loss of the deceased's earnings and support, loss of companionship and comfort, and pain and suffering of the deceased before death if the death was not immediate. Some categories of family members can also recover damages for their own grief and emotional distress, though the primary recovery focuses on the economic impact of losing the deceased's support. We have pursued numerous wrongful death cases resulting from drunk driving and understand the enormous grief and financial burden placed on surviving family members. We pursue maximum damages to ensure that the family is fully compensated for the loss of their loved one.

How is pain and suffering damages calculated?
Utah law does not specify a formula for calculating pain and suffering damages, giving juries considerable discretion in determining appropriate amounts. We present evidence of your pain experience through your testimony, family testimony, medical records, and expert testimony regarding the severity and duration of your suffering. Juries typically consider factors including the intensity of pain, the duration of pain, the impact of pain on daily activities and quality of life, and the permanence of pain. In some cases, we use the "multiplier method" where we take your economic damages (medical expenses and lost wages) and multiply by a factor (typically 2-5) to estimate pain and suffering. In other cases, we use the "per diem method" where we assign a daily dollar value to pain and suffering and multiply by the number of days you have suffered or will suffer. We present creative evidence and arguments to convince juries that substantial pain and suffering damages are appropriate.

What is the difference between compensatory damages and punitive damages?
Compensatory damages reimburse you for your actual losses including medical expenses, lost wages, pain and suffering, and disability. Punitive damages punish the defendant for particularly egregious conduct and deter similar conduct by others. In drunk driving cases, the defendant's reckless decision to drive while impaired justifies punitive damages. Punitive damages are separate from compensatory damages and can be substantial. If you recover $100,000 in compensatory damages, a jury might award an additional $100,000 or more in punitive damages. Utah Code Section 78B-3-106 establishes the legal standard for punitive damages and prohibits arbitrary or capricious punitive awards, but juries have considerable discretion in determining appropriate amounts. We present evidence of the defendant's mental state, knowledge of danger, and prior misconduct to support maximum punitive damages awards.

What should I do at the scene of a drunk driving accident?
Your safety is the top priority. If you are injured, call 911 and remain at the scene for medical attention. If you are able to do so safely, document the accident scene by taking photographs of vehicle damage, skid marks, traffic signals, road conditions, and weather. Exchange contact information with the other driver and obtain information from all eyewitnesses. Tell police officers if you observed signs of impairment. Do not admit fault or apologize for the accident. Do not accept a settlement from the defendant's insurance company at the scene. Request the police report number and investigating officer's name. Seek medical evaluation even if you do not feel immediately injured, as some injuries develop over time. Do not dispose of damaged clothing or other evidence. Finally, contact BAM Personal Injury Lawyers as soon as possible. The sooner we become involved, the better we can protect your rights and investigate your case thoroughly.

How do I know if BAM Personal Injury Lawyers is the right firm for my case?
BAM Personal Injury Lawyers has recovered over $100 million for injured clients and specializes in serious personal injury cases including drunk driving accidents. Our founding partners, Kigan Martineau and Dan Benzion, bring decades of experience from leading personal injury firms. We offer bilingual representation in English and Spanish through Dan Benzion. We represent only injured people—never insurance companies—ensuring that our interests are aligned with yours. We offer the BAM Guarantee: if we fail to meet every commitment we make to you before settlement, you owe nothing. We work on contingency with no fee unless we win. We prepare every case for trial and are not afraid to litigate aggressively. We provide regular updates on your case and explain all options clearly. If you want experienced, aggressive representation from attorneys who understand drunk driving cases and will fight hard for maximum compensation, BAM Personal Injury Lawyers is the right choice. Contact us for a free consultation.

Don't Face This Alone

If you or a loved one has been injured by a drunk driver in Salt Lake City, contact BAM Personal Injury Lawyers immediately. We provide free consultations and work on contingency—no fee unless we win.

Call (801) 970-9913

Serving All of Salt Lake County

From our office in Murray, BAM Personal Injury Lawyers serves drunk driving accident victims throughout Salt Lake County, including Downtown Salt Lake City, Sugar House, The Avenues, Central City, Liberty Park, University District, Rose Park, Glendale, Poplar Grove, Marmalade, Federal Heights, East Bench, Millcreek, Holladay, Cottonwood Heights, Sandy, Draper, South Jordan, West Jordan, Taylorsville, and all surrounding communities.

Last Updated: March 2026



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