Wrongful Death Caused by Drunk or Distracted Drivers: Pursuing Punitive Damages in Utah

Losing a loved one in a preventable crash is one of the most painful experiences a family can endure. When a drunk or distracted driver causes that tragedy, grief is compounded by the knowledge that the death was entirely avoidable. While no amount of money can replace a lost life, Utah law allows families to pursue justice through a wrongful death claim. In some instances, punitive damages may also be awarded to punish egregious misconduct and deter similar behavior in the future.

At Waddoups Law, our Salt Lake City wrongful death attorneys help families understand their rights and the types of compensation available after a devastating loss. We approach every case with compassion, experience, and a deep commitment to accountability, beginning with a free consultation.

Understanding Wrongful Death Claims in Utah

A wrongful death claim arises when a person’s death is caused by another party’s negligent, reckless, or intentional act. Under Utah Code §78B-3-106, surviving family members, such as a spouse, children, or parents, may file a civil lawsuit seeking financial recovery.

In drunk and distracted driving cases, the responsible party’s conduct often goes beyond ordinary negligence. A driver who gets behind the wheel after drinking or who texts while driving knowingly puts others at risk. These reckless choices can justify not only compensatory damages but also punitive damages, which are designed to penalize especially harmful behavior.

Compensatory vs. Punitive Damages: What’s the Difference?

Most wrongful death cases involve compensatory damages, which are meant to make the victim’s family “whole” by covering measurable losses.

These may include:

• Funeral and burial expenses.
• Lost income and benefits the deceased would have provided.
• Medical costs incurred before death.
• Loss of companionship, guidance, and emotional support.
• Pain and suffering endured by surviving family members.

By contrast, punitive damages are not tied to the family’s financial losses. They serve a different purpose: to punish and deter conduct that is particularly reckless, intentional, or malicious. Punitive damages act as society’s strongest civil sanction against behavior that endangers human life.

When Do Punitive Damages Apply in Utah?

Punitive damages are not awarded in every wrongful death case. To qualify, the at-fault driver’s conduct must show more than carelessness; it must demonstrate willful and wanton disregard for the safety of others.

Examples include:

• Driving with a blood alcohol concentration (BAC) above Utah’s legal limit of 0.05%.
• Causing a fatal crash while under the influence of drugs or refusing a chemical test.
• Texting, streaming, or using social media while driving at high speeds or through intersections.
• Repeatedly violating traffic laws or driving with a history of DUIs or reckless citations.

In these cases, the driver is not simply negligent; they are consciously choosing to ignore the danger they pose to others. That deliberate disregard opens the door for punitive damages.

How Utah Courts Evaluate Punitive Damages

Under Utah Code §78B-8-201, a plaintiff must prove by clear and convincing evidence that the defendant’s actions showed “willful and malicious conduct” or a “reckless indifference” to others’ rights and safety.

Courts may consider several factors, such as:

• The severity of the misconduct, including the intoxication level or number of distractions.
• The degree of danger posed to others on the road.
• Whether the driver had prior offenses or ignored previous warnings.
• The actual harm caused, including fatalities and other victims affected.
• The driver’s awareness of the risks involved in their behavior.

Punitive damages are intended not just to punish the individual but to send a clear message that such behavior will not be tolerated in Utah communities.

Why Punitive Damages Matter

Punitive damages serve a powerful purpose beyond compensation. They express society’s condemnation of reckless conduct and help prevent future tragedies. When courts impose punitive damages in drunk or distracted driving deaths, they reaffirm the principle that no one has the right to gamble with other people’s lives.

For families, pursuing punitive damages is also a way to seek accountability. It acknowledges that the harm went beyond an “accident” and resulted from a conscious decision to act irresponsibly. These awards can provide a sense of justice, emotional closure, and financial support for the difficult road ahead.

Contact Our Salt Lake City Wrongful Death Attorneys Today

If you lost a loved one due to a drunk or distracted driver, you deserve answers and justice. The attorneys at Waddoups Law are here to help you understand your legal options and pursue all available forms of compensation, including punitive damages where appropriate.

Contact our Salt Lake County wrongful death attorneys today for a free consultation. We’ll handle the legal challenges so you can focus on your family and healing. At Waddoups Law, we believe accountability matters, and we’re ready to stand by your side every step of the way.