How to Prove Liability in a Drunk Driving Accident Case
Request Free ConsultationProving liability in a drunk driving accident case in Denver or any other part of Colorado often involves demonstrating that a driver’s decision to drive under the influence directly caused injuries and losses.
This process can include reviewing police reports, examining test results showing the driver’s blood alcohol content (BAC), gathering witness statements, and working with a skilled legal team that knows how to present evidence clearly. The goal is to hold the drunk driver responsible so you can pursue fair compensation for medical expenses, lost income, and other damages.
A collision involving a drunk driver can turn life upside down. Many injured individuals worry about their recovery, their financial stability, and what steps to take next. Fuicelli & Lee understands the trauma caused by a DUI crash.
Several of our attorneys are former prosecutors who have tried criminal DUI cases, and our team is dedicated to taking cases to court whenever necessary.
If you or a loved one is dealing with the aftermath of a drunk driving accident in Denver or anywhere else in Colorado, keep reading to learn more about your legal options, how to determine liability, and ways our law firm’s experienced Denver drunk driving accident lawyers can help you.
Drunk Driving Laws in Colorado
Any discussion about how to prove liability in a drunk driving accident case would require an overview of Colorado’s laws governing alcohol and driving. While the statutes contain many details, a few points stand out for those seeking to understand liability.
Blood Alcohol Concentration (BAC) Limits
Colorado’s per se limit for driving under the influence of alcohol is a BAC of 0.08%. If a driver has a BAC at or above this level, Colorado law presumes they are under the influence.
Even with a lower BAC, Colorado recognizes the offense of Driving While Ability Impaired (DWAI) when BAC falls between 0.05% and 0.079%. Although DWAI is a lesser offense than DUI, it still involves impaired driving, which can lead to accidents and injuries.
Criminal Drunk Driving Charges vs. Civil Claims
The state pursues criminal proceedings for DUI or DWAI in Colorado to penalize wrongdoing and deter future offenses. Meanwhile, a personal injury case related to a drunk driving accident is a civil matter.
Both can proceed simultaneously, but they serve different purposes:
- Criminal Case: The driver may face charges, fines, possible jail time, license suspension, and other penalties. The state prosecutes the driver to uphold criminal law.
- Civil Case: You, as the injured party, file a claim against the at-fault driver to recover compensation for medical costs, pain and suffering, lost income, and other damages.
A criminal conviction for DUI can strengthen a civil personal injury claim since it can prove the driver’s wrongdoing. However, civil liability may exist even if the driver never faces charges or a conviction.
Drunk driving accidents can lead to complicated circumstances, so having a law firm that understands both criminal and civil legal processes can help you.
Statute of Limitations in Colorado
Colorado has specific deadlines for bringing personal injury lawsuits. In general, the statute of limitations is two years for personal injury cases not involving a motor vehicle. However, for motor vehicle accident cases, Colorado typically sets a limit of three years from the collision date.
Missing these deadlines means losing the chance to pursue compensation in court. Knowing these timelines lets your attorney gather and preserve evidence before it becomes more difficult to obtain.
How a Personal Injury Lawyer Helps Prove Liability
Gathering and Preserving Evidence
Evidence establishes liability in a drunk driving accident case.
A personal injury attorney assists with collecting, organizing, and preserving evidence such as:
- Police Reports: In a DUI-related crash, law enforcement will often include details about driver impairment, test results, and observations at the crash scene. These reports can show fault.
- Witness Statements: Bystanders, passengers, and other drivers at the scene may have valuable information. A lawyer with experience interviewing witnesses knows how to ask the right questions and secure testimony about reckless or intoxicated behavior.
- Field Sobriety and Chemical Tests: Breathalyzer, blood, or other chemical tests demonstrating a driver’s BAC can support an injury claim. Even if the BAC did not exceed 0.08%, evidence of impairment may exist. Your attorney can obtain records from law enforcement to build a case.
- Accident Reconstruction: Experts who reconstruct accidents can shed light on angles of impact, braking patterns, and other factors that show how a driver’s impairment contributed to a collision. Your lawyer can coordinate with these professionals if the circumstances demand.
- Medical Records: Detailed records of your injuries and treatment help illustrate the full extent of your losses. These records connect the crash to the harm you suffered and support the damages you may recover.
Linking Negligence and Harm
Proving negligence is about showing that the drunk driver owed you a duty of care (every driver has the duty to drive safely), that they breached that duty by driving under the influence, and that this breach caused your injuries.
Evidence such as a BAC above the legal limit helps demonstrate the breach.
Linking the breach to your harm involves painting a clear picture of the accident. With multiple sources of evidence, your attorney pieces together a narrative about what happened and why the other driver should pay.
Overcoming Common Defenses
Drunk drivers in Denver and elsewhere may deny liability or try to shift blame.
Common defenses include:
- Challenging the BAC Test: A driver’s legal team may question the accuracy of field sobriety or breathalyzer tests.
- Pointing to Other Factors: Some defendants might claim inclement weather, defective car parts, or your own driving caused the crash.
- Minimizing Injuries: Insurance adjusters may argue you were not as injured as you claim or that there were pre-existing conditions.
An attorney who has handled DUI accident cases is prepared to counter these arguments with credible evidence. This might involve obtaining lab records to confirm chemical test accuracy or retaining accident reconstruction professionals to confirm the driver’s level of fault.
How a Criminal Case Affects the Civil Case
If the impaired driver is convicted of DUI, it can be used as evidence in a civil personal injury claim. Some insurance adjusters respond by promptly offering settlements. Others may still fight liability. Either way, a conviction usually clarifies that the driver failed to follow Colorado law.
What If the Driver Is Not Charged or Convicted?
A driver might avoid criminal charges or be found not guilty, often due to procedural issues or plea agreements. Civil liability hinges on a different standard—a preponderance of the evidence—which means it is more likely than not that the driver caused the crash.
That standard is lower than the criminal requirement of proof beyond a reasonable doubt. An attorney can still present evidence of impairment, negligence, and damages to show liability under civil law.
The Value of Thorough Investigation
It might be frustrating if the responsible driver avoids or reduces criminal penalties. A dedicated personal injury lawyer proceeds with an independent investigation into the driver’s actions regardless of criminal proceedings. They focus on demonstrating who caused your losses and pursuing compensation from them.
Trial-Ready Representation Strengthens Negotiations
Why the Willingness to Go to Court Matters
Some law firms settle cases at the first offer.
Fuicelli & Lee has a different approach.
We prepare every case from day one as though it will go to trial. Several of our attorneys have prosecutor backgrounds, which can help when facing insurance companies. This readiness often leads to more favorable settlement negotiations.
When insurers see you have a firm prepared to try the case in court, they may be more inclined to settle at a fair number rather than risk a jury verdict. This holds especially true in Denver, where juries may look unfavorably on drunk drivers.
The cost and risks of trial can motivate insurers to settle. However, if they refuse to make an appropriate offer, Fuicelli & Lee is willing to stand by clients in a courtroom.
The Role of Damages in Proving Liability
For drunk driving accident cases in Colorado, damages typically fall into two categories:
- Economic Damages: Medical bills, future medical expenses, lost wages, and rehabilitative therapy costs. Insurance companies tend to examine these closely because they have a direct financial impact.
- Non-Economic Damages: Pain and suffering, mental anguish, and the loss of enjoyment of life. These damages are sometimes more difficult to quantify because they relate to the emotional and psychological toll of the accident.
Although the firm does not assign a specific dollar amount to demand letters, Fuicelli & Lee gathers documentation to support your claim for both categories of damages.
Complete records of treatments, medication, therapy, and a doctor’s assessment of future medical needs help outline the financial consequences of the crash. Statements from friends, family, or a mental health professional can describe the emotional impact.
How Comparative Negligence Affects Drunk Driving Accident Claims
Colorado follows a modified comparative negligence rule. Under this standard, an injured party can still recover compensation if they are partially responsible for their own injuries, as long as their share of fault is less than 50%.
In a drunk driving context, defense attorneys or insurers may attempt to shift some blame to you. They might claim you were speeding, distracted, or otherwise contributed to the collision. Having an attorney who is ready to push back against this can help protect your ability to recover compensation.
Contingency Fees and Financial Concerns
Many injured clients fear how much a lawyer might cost. Fuicelli & Lee works on a contingency fee basis, which means you pay no attorney fees unless the firm recovers compensation on your behalf. This fee structure can remove financial barriers that might prevent someone from seeking legal representation.
Transparency in Costs
Court fees and other case-related expenses may come up, but your lawyer will typically discuss how these will be handled. Payment is often deferred until a settlement or verdict. This arrangement offers peace of mind, especially for individuals worried about paying out-of-pocket for medical bills or missing work.
Greater Access to Legal Representation
With a contingency fee arrangement, you get legal help for your case without having to pay hourly rates or large retainers. This is one reason why personal injury law is accessible to many people after a drunk driving accident. Fuicelli & Lee wants individuals across Denver and Colorado to focus on healing while the legal team focuses on securing compensation.
Addressing Special Circumstances
Dram Shop Liability
Colorado’s dram shop laws allow individuals to seek damages from businesses that overserve alcohol to visibly intoxicated persons. However, these claims have specific requirements and limitations, including caps on damages.
While dram shop liability is narrower in Colorado compared to some other states, a lawyer can look into whether this angle is worth exploring.
Hit-and-Run by a Drunk Driver
Sometimes, a drunk driver involved in a hit-and-run accident flees the scene. A thorough investigation by law enforcement and your attorney may identify the at-fault individual. In cases where the driver remains unknown, you may have to rely on uninsured or underinsured motorist coverage—and an attorney’s assistance to obtain it.
Accidents Involving Multiple Vehicles
When several cars are involved, determining liability can be more complex. Drunk drivers may cause chain-reaction collisions on the freeways around Denver and other busy metropolitan areas, leading to multiple layers of fault.
We examine each driver’s actions and can coordinate with accident reconstruction specialists to figure out which driver triggered the event.
Fuicelli & Lee’s Commitment to Clients
Fuicelli & Lee handles cases with compassion, grit, and a willingness to stand up to insurance companies or opposing counsel. The firm takes pride in delivering personalized service, and every client is treated with respect throughout the entire legal process. The goal is to relieve the burden of paperwork, negotiations, and court appearances so you can concentrate on what really matters—recovering and moving on.
Many of the attorneys at Fuicelli & Lee have considerable trial experience. This background fosters the ability to build strong cases, anticipate defense strategies, and present evidence persuasively. Preparing each case for trial can lead to stronger negotiations and outcomes.
How to Get Started
- Schedule a Consultation: Contact Fuicelli & Lee in Denver for an initial consultation about your case. You can do this online or by phone. The initial consultation is free, and you are not obligated to hire us.
- Case Evaluation: Share all available information related to the crash, including police reports, medical records, and insurance details. The firm will assess the potential next steps.
- Virtual Options: If traveling to Denver is difficult, remote consultation and case management services are available. Fuicelli & Lee serves clients throughout Colorado.
If you are a lawyer handling a strong but difficult DUI accident case, you can also contact Fuicelli & Lee. The firm welcomes referral cases and is prepared to litigate complex matters if the situation calls for it.
Contact Our Personal Injury Law Firm Today
Fuicelli & Lee is ready to pursue full, fair, and complete compensation for individuals harmed by intoxicated drivers. The firm’s philosophy of preparing each case for trial from the start helps in negotiations and, if needed, in the courtroom.
If a drunk driver has injured you, contact personal injury attorney today. Let our dedicated team work to hold the negligent party accountable, allowing you to concentrate on healing and moving forward. Call our Denver office at 303-444-4444 or contact us online.