Dram Shop Actions and Car Accidents. Provo, UT

Provo, Utah Dramshop Lawyer – Jake Gunter

Alcohol-serving establishments have a responsibility to stop serving patrons who are clearly intoxicated. When these overserved individuals cause injuries or fatalities—like in car accidents—the victims and their families may have the right to pursue legal action under Utah’s Dram Shop Act.

If you or a loved one has been hurt by a drunk driver who was overserved, Provo, Utah attorney Jake Gunter can help you hold both the driver and the establishment accountable.

Understanding Utah’s Dramshop Laws

Utah’s Dram Shop Act is designed to prevent alcohol-serving businesses from overserving patrons who are clearly intoxicated. When this law is violated, it can create legal liability for the establishment.

Who Can Be Held Liable Under Dramshop Law?

Bars and Nightclubs
Hotels and Restaurants
Sometimes Event Venues, including Concert Halls

These entities can be sued if they knowingly serve alcohol to a patron who is visibly intoxicated, and that patron causes injuries to others.

Legal Standard for Dramshop Lawsuits

To prove a Dramshop case, the injured party must demonstrate:

The establishment continued to serve alcohol to someone who was clearly intoxicated.
That person caused injuries, deaths, or damages, such as in a car accident.
Sometimes serving underage patrons.

Utah Dramshop Statute of Limitations

The statute of limitations for Dramshop cases in Utah is two years from the date of the incident. This differs from the standard four-year limitation for car accidents.

Why Timeliness Matters

Missing the deadline can result in losing your right to compensation.
Dramshop violations are often not immediately obvious in car accident cases, making timely investigations crucial.

The Interplay Between Car Accidents and Dramshop Claims

When a drunk driver’s insurance does not provide enough coverage to compensate for your injuries, a Dramshop claim may offer additional avenues for recovery.

Why Dramshop Claims Are Important

Drunk drivers often carry state-minimum insurance policies of $25,000.
Commercial establishments, like bars and restaurants, typically carry higher liability insurance policies, often up to $1 million or more.

Example Scenarios of Dramshop Liability

Drunk Driver Without Dramshop Action
- You are hit by a drunk driver who has only $25,000 in liability insurance.
- Your severe back injury costs far more than the insurance coverage, leaving you undercompensated.
Drunk Driver Overserved at a Bar
- A wrong-way collision on I-15 kills passengers and severely injures you.
- The driver was overserved at a bar. In addition to the driver’s insurance, you can file a claim against the bar, which likely carries a large commercial policy.

Compensation in a Dramshop Lawsuit

Victims in Dramshop cases may be entitled to compensation for:

Medical Bills: Emergency care, surgeries, and rehabilitation costs.
Lost Wages: Income lost due to injuries and recovery time.
Pain and Suffering: Physical and emotional damages.
Wrongful Death Claims: Compensation for families of those killed in alcohol-related accidents.

Steps to Take If You Are Hit by an Overserved Drunk Driver

Call 911 and Seek Medical Attention.
Document the Scene: Take photos, gather witness information, and obtain a police report.
Contact an Attorney: A Dramshop lawyer can investigate the bar or establishment that overserved the driver.

Why You Need a Provo Dramshop Attorney

Dramshop claims are complex and require thorough investigations, strong evidence, and negotiations with commercial insurance providers.

Why Hire Jake Gunter?

With over 20 years of experience, Jake Gunter has successfully handled complex personal injury. He will:

Investigate the source of overserved alcohol.
Hold all responsible parties accountable.
Maximize the compensation you deserve.

FAQs About Utah Dramshop Lawsuits

1. What Is Utah’s Dramshop Law?
It allows victims to hold alcohol-serving establishments liable for overserving intoxicated patrons who cause harm.

2. How Long Do I Have to File a Dramshop Claim?
Two years from the date of the incident.

3. Can I Sue Both the Drunk Driver and the Bar?
Yes, you can pursue claims against both parties.

4. What If the Bar Claims They Didn’t Know the Person Was Intoxicated?
Evidence like receipts, surveillance footage, and witness statements can help prove overservice.

5. How Much Compensation Can I Expect?
It depends on the severity of your injuries and the establishment’s insurance policy limits.

6. Why Do I Need a Lawyer for a Dramshop Claim?
A lawyer ensures your rights are protected, and you receive fair compensation.

Contact Provo, Utah Dramshop Lawyer Jake Gunter
If you or a loved one has been injured by an overserved drunk driver, call or text Jake Gunter at (801) 373-6345 for a free consultation. Ask for Jake—he’ll tell you

Common Two Car Accident Issues.

Insurance company processing times.

Common car collision issues can be waiting and waiting on the insurance carriers to complete their investigation. Insurance companies can take some time to locate witnesses, conduct adjuster interviews, talk to the police and gather the police report.

Hang in there as your Utah car accident attorney processes through the various insurance companies. Insurance companies have thousands of claims and yours is just one of them.

Rental cars.

Rental cars can be provided by the at-fault insurance company if they want to, but they don’t have to volunteer a rental car and can refuse your request for a rental car. If your own first party UIM/PIP insurance company has rental car coverage, that may be a good option to get a rental car, even if you have to pay your deductible first. Deductibles and the cost of rental cars can be reimbursed through the at-fault insurance company settlement.

Property damage valuations.

Getting your car fixed after a car accident is an entire blog post in itself. You have to deal with the frustration of waiting.

Hire a Utah Car Accident Attorney Early in the Process to Avoid Frustration

Cut Down Processing Time.There are investigation processing times that can be cut down when you hire an experienced personal injury attorney who knows what to do.
Avoid Frustration. Hiring a Utah car accident law firm that has been through the process hundreds of times is critical in getting the best results, but also speeding up the process and avoiding unnecessary frustration.
Concentrate on Getting Better. When you hire a Utah car accident lawyer you can avoid much of the frustration and concentrate on getting better, which is the most important part of the process.
Avoid Common Car Accident Mistakes. Hiring a Utah car accident lawyer help you avoid making common mistakes that devalue the true compensation you are entitled to. A good attorney helps you avoid gaps in medical treatment, avoids seeing the wrong doctors who can’t give the correct medical care or diagnosis. Proper and timely radiology is another area where attorneys can really help when hired early.

NO FEE UNLESS YOU RECOVER COMPENSATION FOR YOU CAR ACCIDENT INJURIES

Lastly, you don’t owe Utah car accident attorney Jake Gunter unless you receive compensation for your injuries. If you don’t win your case, you don’t owe Jake anything.

TXT/CALL car accident lawyer Jake Gunter (801) 373-6345 for a free consultation. Via Zoom, Phone or In-Person. Let his team help you.