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Some of the most serious automobile collisions are drug and alcohol related.  In the United States, about 28 people die every day just from crashes involving alcohol. Getting behind the wheel of a car while legally drunk is more than just a criminal act. It is one of the highest forms of negligence that leads to serious injuries and death. DUI laws in Utah and throughout the country are more stringent than ever, but that does little to address the civil damages related to seriously injured individuals or family member who have lost a loved one. At Eisenberg, Gilchrist, & Cutt, we go beyond the criminal aspects of a drunk driving accident to hold the negligent party financially accountable for your injuries.

About 31% of all motor vehicle fatalities in the United State are alcohol related. One of the reasons DUI crashes are so deadly is that drugs and alcohol affect a person’s coordination and judgment.  As a result, even people who would never intentionally hurt anyone become potentially lethal if they drive under the influence.  The more intoxicated a driver is, the more dangerous he or she becomes.  We have handled numerous cases where the drunk driver is so impaired that he or she drives the wrong direction on the freeway and collides with oncoming traffic.  The results of these crashes are devastating.

All drivers, including impaired drivers, are liable for any damage they cause as a result of negligent driving. However, an intoxicated driver who hurts someone in an accident can be liable, not only for the actual damage caused, but for punitive damages. Punitive damages are an additional category of damages that are intended to punish and deter wrongdoing. Intoxicated drivers can be liable for punitive damages if it is shown that their decision to drive under the influence was knowing and reckless. Whether a drunk driver will ultimately be liable for punitive damages requires careful investigation into the facts and analysis of the law.

At Eisenberg, Gilchrist & Cutt, we have the experience and resources you need to prove the facts of your drunk driving accident case. While the impaired driver is clearly at fault, there may be more to the story. The bar that they left prior to the accident may have knowingly served too much alcohol, resulting in a dram shop liability claim against that establishment.

Only the most seasoned and knowledgeable drunk driving accident attorneys can get through these complexities and hold the responsible parties accountable. As a preeminent personal injury law firm in Salt Lake City, we have that ability and are dedicated to seeing that justice is served for our injured and grieving clients.

Call 801.366.9100 or send us an e-mail to arrange for a free consultation. A lawyer at our firm can explain your rights and discuss what we will do to obtain maximum compensation for you.


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Apart from the drunk driver, a person or company who served alcohol to a drunk driver can also be liable under dram shop law to the victims of a DUI accident.  (See Utah Code Ann. § 32B-15-201.)  Bars, taverns, clubs, restaurants and other businesses have an obligation to stop serving alcohol to their customers in some circumstances.  For example, a bar cannot serve alcohol to a patron who is apparently under the influence of alcohol or drugs.  If it does, and the patron injures a third-person, the bar is also liable under dram shop law for the injuries or death of the third-person.  Similarly, anyone who serves alcohol to a minor is liable to a third-person who is injured as a result of the minor becoming intoxicated.  These laws apply whether the intoxicated person injures another in a car accident or in some other manner.

Whether company or person is liable under dram shop law requires significant investigation into the facts surrounding the service of alcohol.  The investigation typically requires talking to servers, the intoxicated person and other individuals who witnessed the service and consumption of alcohol.  It also typically involves getting documentation of alcohol purchases from the company who served alcohol and the intoxicated person.

The purpose of dram shop law is to protect the public from alcohol related injuries and to ensure compensation for victims of alcohol related accidents.  Because servers of alcohol can be liable for injuries caused by intoxicated patrons, they have an incentive not to over-serve their patrons.  This provides an added measure of protection because not only are consumers required to consume responsibly, but servers are required to serve responsibility.

Further, the injuries caused by DUI accidents are sometimes times so severe that the drunk driver does not have enough car insurance to pay for the damage.  Businesses who serve alcohol are required by law to have a significant amount of insurance to pay for injuries caused by improper service of alcohol.  This provides an additional avenue from which seriously injured victims can receive compensation.

We are experienced in handling DUI accident and dram shop cases.  If you or some you love has been injured in an alcohol related accident, we express our condolences.  If you have questions about what legal claims you have, contact us for a free consultation.


Eisenberg, Gilchrist and Cutt was invaluable in helping us through a difficult time. Our son was involved in a horrible accident and we weren't sure if he would survive. We were dealing with doctors, medical bills, and overwhelming emotions on how we would help our son recover. They answered every question we had and explained the entire process. They went above and beyond for our son and truly cared about him. I never thought I would be in a situation where I needed a lawyer, but I was so grateful we had them representing our son. We now don't have to worry or stress about his future medical bills and surgeries. We can focus on spending time together and giving our son the best life he can have.

- Kali Winward