Layton Drunk Driving Accident Lawyer
Feller & Wendt, LLC has worked for over 25 years to help accident victims and their families injured by drunk drivers. Our attorneys have a track record of helping injured clients get the best possible compensation for needed medical treatment, to replace lost wages, and to compensate them for mental and emotional anguish. According to the Centers for Disease Control and Prevention, 469 people were killed in crashes involving a drunk driver in Utah between 2003 and 2012. The Utah Department of Public Safety reports that there were 36 people killed each year in drunk driving accidents in 2016 and 2017. If a drunk driver caused your injury or the death of a loved one, a dedicated Layton drunk driving accident lawyer at Feller & Wendt, LLC will fight to get you the compensation you deserve.
What Is a Drunk Driver?
Any driver with alcohol or drugs in their system whose driving is impaired is guilty of driving under the influence (DUI), regardless of the amount of alcohol or drugs shown on a blood or breath test. A person is presumed to be impaired by alcohol when he or she is tested to have 0.08% blood alcohol content. This will become 0.05% on December 30, 2018, among the lowest in the nation, making Utah one of the strictest states on drunk driving.
Can I Sue After a Drunk Driving Accident in Utah?
Utah is a no-fault insurance state, which means if you are in a car accident, you can claim compensation from your insurance without proving the other driver was at fault. However, you may only seek damages for medical treatment and other out-of-pocket expenses through your insurance. You may not seek compensation for non-economic damages such as mental and emotional anguish.
However, Utah state law does allow you to pursue full compensation after a drunk driving accident under certain circumstances:
- Your total expenses were greater than $3,000.
- You suffered a permanent disability.
- You suffered dismemberment or required an amputation.
- You suffered a permanent impairment or disfigurement.
If any of these apply, Utah state law allows you to pursue a personal injury claim seeking compensation against the individual and their automobile insurance company. As part of that claim, you may seek the full cost of medical expenses including hospital bills, doctor bills, prescription medication, and any other expenses for medical treatment. You may also seek compensation for lost wages due to missed time at work. If your injury impairs your ability to work, you may seek compensation for diminished earning capacity. You may also seek compensation for your mental and emotional anguish as part of your suit. For additional information regarding claimable damages following a car accident involving an impaired driver, speak with a Layton drunk driving accident lawyer.
What If the Drunk Driver Escaped Criminal Conviction?
The criminal court system is separate from the civil court. The criminal court has a higher burden of proof to convict a person for drunk driving than the civil court. For this reason, a drunk driver may escape criminal conviction and still be guilty in a personal injury lawsuit. In some cases, the criminal prosecutor may not even bring charges against a drunk driver due to a lack of sufficient evidence to win a criminal conviction. However, due to the separate legal systems for civil trials, you are entitled to pursue compensation even in cases where no criminal charges are filed against the drunk driver.
Feller & Wendt, LLC | Layton Drunk Driving Accident Attorneys
The lawyers at Feller & Wendt, LLC seek to make our community safe by holding drunk drivers responsible for the injuries they cause. Our attorneys will seek the maximum possible compensation for your injuries so you can get the medical treatment you need without having to worry about the expense of medical bills. Call (801) 499-5060 today and schedule a free consultation. Our lawyers will listen to your story and help you understand the options available to you. If you put us to work for you, we will not charge any attorney fees unless we are able to get you a settlement or win a verdict on your behalf. Let our Layton personal injury lawyers help you get the compensation you need.