Robert J. DeBry and Associates has fought for injured Utahns for over four decades. Our experience, results, and reputation make us Utah's trusted personal injury firm.
If a drunk driver hit you or a family member on a Utah road, a drunk driving accident lawyer can help you pursue financial compensation through a civil claim for your injuries, lost wages, pain, and other losses, whether or not the impaired driver faces criminal charges. Robert J. DeBry & Associates has represented drunk driving accident victims across Utah since 1981 with victim-focused legal help, including free consultations and contingency fee representation, so you pay no attorney fees unless the firm recovers compensation for you.
This page is for Utah residents who were injured, or whose loved one was injured or killed in a drunk driving crash, and need to understand their rights, what compensation may be available, how Utah impaired driving laws and dram shop liability can affect a claim, when uninsured motorist coverage may apply, what to do after the accident, and how a civil case differs from the criminal case against the driver. Because these crashes often cause serious injuries and complicated insurance and liability issues, getting clear legal guidance early can make a real difference in protecting your rights and pursuing a fair recovery.
Call 801-888-8888 for a free consultation, available 24/7. No fee unless we win.
Drunk driving claims raise questions that a standard car accident claim does not. These pages go deeper on the issues victims and families ask about most.
Local representation for victims injured in Provo, Orem, and Utah County.
A drunk driving accident involves layers that a typical car accident claim does not. There may be a parallel criminal case, a dram shop claim against a bar or restaurant, and insurance claims against your own policy if the intoxicated driver carried no coverage. Each layer has its own deadlines, rules, and parties. Drunk driving remains a persistent danger on Utah roads, as the latest Utah drunk driving statistics and dangers make clear.
Choose counsel focused on recovering the maximum compensation. Look for lawyers who offer free consultations and who work on a contingency fee basis, so you are not paying out of pocket while recovering from injuries.
Criminal and civil cases are separate proceedings after a drunk driving accident. The criminal case is brought by the state and addresses criminal liability. Its purpose is punishment: fines, jail time, license suspension. Your civil claim is a separate action you bring to recover compensation for medical expenses, lost wages, emotional distress, and other harm.
You can file a lawsuit after a drunk driving accident even if the driver was never charged or was acquitted. Civil lawsuits can proceed regardless of criminal convictions because the burden of proof differs. A criminal case requires proof beyond a reasonable doubt. A civil lawsuit uses a preponderance-of-the-evidence standard.
That said, a criminal conviction or guilty plea provides strong evidence in a civil claim. Under Utah’s Crime Victims Restitution Act (Title 77, Chapter 38b), a restitution order entered in the criminal case creates presumptive proof of economic damages in a later civil action. You may also need to wait for criminal charges to resolve first in some situations, since evidence from that proceeding can strengthen your injury case.
A lawyer can help you navigate complex legal processes when criminal and civil proceedings run in parallel, each with its own deadlines and procedural requirements.
The intoxicated driver is the primary party at fault. A driver who causes a crash while impaired can be held responsible for the losses for which injured people deserve compensation, including medical bills, lost income, pain and suffering, and property damage. Under Utah Code section 78B-2-307, you generally have four years from the date of injury to file a personal injury lawsuit against the driver.
Utah holds commercial alcohol sellers to a strict liability standard under Utah Code section 32B-15-201. If a bar, restaurant, or other licensed establishment continued to serve alcohol to someone who was visibly intoxicated or underage, and that person then caused a crash, the establishment may be liable to the injured third party.
To establish a prima facie dram shop case in Utah, the injured person must show that the seller provided the last drink before the crash, that the patron consumed the alcohol on the seller’s licensed premises, that the injury occurred within 30 minutes and within a 10-mile radius of the establishment, and that the driver was charged with DUI (or, in a death case, had a BAC of .05 or higher).
Utah caps dram shop damages at $1 million per injured person and $2 million total when multiple people are injured in the same incident. The statute of limitations for dram shop cases is two years from the date of injury under Utah Code section 32B-15-301(3), shorter than the four-year window for a standard personal injury claim.
Utah law also allows claims against individuals age 21 or older who provide alcohol to underage drinkers whose intoxication causes injury to other parties.
When the drunk driver lacks adequate insurance coverage or flees the scene, your own auto policy becomes a critical source of recovery. Under Utah Code section 31A-22-305, every auto liability policy in Utah must include uninsured motorist (UM) coverage unless the policyholder rejected it in writing. As of January 1, 2025, minimum UM limits are $30,000 per person and $65,000 per accident.
UM coverage applies when the at-fault driver carries no liability insurance, carries insufficient insurance, or when the insurer denies the claim. It also covers hit-and-run situations where the vehicle is identified. For more on what to do if the at-fault driver does not have insurance, understanding your policy limits is the first step.
Utah also requires personal injury protection (PIP) coverage. PIP pays for medical bills, lost wages, and household services regardless of fault, with a minimum benefit of $3,000 unless the policyholder elected a higher amount. PIP applies to the insured, household members, vehicle occupants, and pedestrians under Utah Code section 31A-22-308.
If a drunk driver injured you or killed a loved one in Utah, you have the right to pursue compensation for medical bills, lost wages, and pain and suffering, whether or not the driver is criminally convicted. Acting quickly to preserve evidence and consult an experienced attorney protects that right.
Victims can seek compensation for medical expenses after accidents, including emergency care, surgery, hospitalization, physical therapy, and ongoing treatment. Compensation may include lost wages and property damage, as well as reduced future earning capacity if the injuries are permanent.
Non-economic damages cover pain, suffering, emotional distress, disfigurement, and loss of quality of life. Victims can claim emotional distress damages in lawsuits where the crash caused psychological harm beyond physical injuries.
Punitive damages occupy a distinct category. Under Utah Code section 78B-8-201, punitive damages may be awarded under a clear-and-convincing-evidence standard when the defendant operated a motor vehicle while voluntarily intoxicated in violation of section 41-6a-502. DUI cases can meet that threshold under Utah law.
When a drunk driving accident results in death, surviving family members may pursue a wrongful death claim for funeral expenses, loss of financial support, and loss of companionship. Civil attorneys work to recover the maximum settlement for the victim or surviving family members.
The steps you take immediately after a crash affect both your health and the strength of your claim. If you notice an impaired driver before a collision happens, knowing how to report a suspected drunk driver can help prevent one, and understanding Utah enforcement tools such as DUI checkpoints offers useful context.
Robert J. DeBry & Associates represents drunk driving accident victims statewide, with offices in Salt Lake City and Sandy and attorneys who travel to clients in hospitals and homes when injuries prevent travel to an office.
Whether the crash happened on I-15, in a Provo neighborhood, or on a rural highway in southern Utah, the firm provides representation across the full extent of the state.
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Robert J. DeBry & Associates works on a contingency fee basis. You pay no upfront legal fees and owe nothing unless the firm recovers compensation for you. Your initial case review costs you nothing.
Under Utah Code section 78B-2-307, the statute of limitations for most personal injury claims is four years from the date of injury. Claims brought under Utah’s dram shop statute have a shorter deadline of two years under section 32B-15-301(3). Missing either deadline can permanently bar your claim, so contact an attorney promptly.
Your own uninsured motorist coverage under Utah Code section 31A-22-305 may apply, and PIP coverage pays initial medical expenses and lost wages regardless of fault. Additional sources of recovery may include dram shop claims against a bar or restaurant that served the impaired driver. Learn more about responding after an accident with an uninsured motorist.
Yes. You can sue for damages regardless of criminal conviction outcomes, because a civil lawsuit operates under a lower burden of proof than a criminal case. While a conviction strengthens your position, it is not a prerequisite. Under Utah’s Crime Victims Restitution Act, restitution findings from the criminal proceeding can serve as presumptive proof of economic damages in a civil claim.
Timelines vary based on the severity of injuries, the number of parties involved, whether dram shop liability is at issue, and whether the insurer disputes fault or the value of damages. Some cases resolve in months through settlement negotiations. Others, particularly those involving wrongful death claims or disputes over liability, may take a year or longer and could proceed to trial.
Every day you wait gives insurance companies more time to build their case against yours. If you or a loved one was injured or killed by a drunk driver in Utah, Robert J. DeBry & Associates is ready to identify every liable party and fight for the compensation you deserve.
Call 801-888-8888 or complete our free consultation form to speak with a Utah drunk driving accident lawyer today. Available 24/7. No fee unless we win.
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This is general information, not legal advice. Contacting Robert J. DeBry & Associates or submitting a form does not create an attorney-client relationship.