What Legal Actions Can You Take After a Drunk Driving Accident in Denver?

Denver ranks as one of the worst cities in the United States for drunk driving accidents, a troubling reality that puts countless drivers, passengers, and pedestrians in our city at risk every day.

According to U.S. News & World Report, the Mile High City recently ranked second in the nation behind Colorado Springs for drunk driving arrests. With so many intoxicated drivers on the road, it’s not difficult to see that Denver can be a dangerous place to drive. For victims of these preventable accidents, the impact can be devastating—both physically and emotionally.

Being involved in a drunk driving accident can be a life-altering experience. In an instant, your world can shift—from feeling safe on Denver’s streets to facing painful injuries, medical bills, financial hardship, and emotional trauma. On top of it all comes the confusion of wondering what legal actions you can take after a drunk driving accident in Denver.

Knowing your rights and legal options can provide some clarity and relief during an incredibly stressful time. If you need experienced drunk driving accident lawyer in Denver, call Fuicelli & Lee today for a free case evaluation.

Denver’s Drunk Driving Crisis: A Growing Concern

Denver has gained an unfortunate reputation as one of the most dangerous cities in the country for drunk driving. Contributing factors include a growing population, a vibrant nightlife scene, and heavily trafficked roads that try to keep pace with the city’s growth. All of these factors and more can increase the risk of impaired drivers on the road.

Statistics consistently place Denver near the top of national rankings for drunk driving arrests and crashes, leading to thousands of injuries and dozens of preventable deaths each year.

According to the Colorado Department of Transportation, one out of three traffic deaths in Colorado involve a drunk or impaired driver, and Denver is no exception.

In one recent year, 77 motorists died in Denver car crashes. Out of those, 19 involved a drunk driver or impaired driver. For every person killed in a Denver drunk driving accident, dozens more were injured, many of them catastrophically.

For drunk driving accident victims, these alarming trends highlight the importance of seeking legal representation, especially if your injuries affect your ability to work and enjoy life. When drunk driving accidents remain a public safety concern and a looming threat, everyone should know their rights and options for compensation should they or a loved one ever be harmed by a negligent driver.

Understanding Colorado’s Drunk Driving Laws for Accident Victims

In Colorado, driving under the influence (DUI) is a serious offense. The state enforces strict laws to reduce drunk driving accidents, yet they still happen far too often.

• Legal Blood Alcohol Content (BAC) Limits: Colorado law defines DUI as driving with a BAC of 0.08% or higher. Drivers with a BAC between 0.05% and 0.079% may be charged with Driving While Ability Impaired (DWAI).
• Zero Tolerance for Underage Drivers: Drivers under 21 with a BAC of 0.02% or higher can be charged under Colorado’s “Zero Tolerance” law.
• Stricter BAC Limits for Commercial Drivers: Commercial vehicle drivers, such as truck drivers, are held to a stricter standard. In Colorado, they can be charged with DUI if their BAC is 0.04% or higher. Given the potential for widespread harm due to the size and weight of commercial vehicles, these stricter regulations are designed to enhance public safety.
• Aggravating Factors: Higher BAC levels, repeat offenses, or causing injury or death can lead to harsher criminal penalties for the drunk driver.

What to Expect During the Legal Process After a Drunk Driving Accident

Navigating the legal process after being injured by a drunk driver can quickly overwhelm you, especially when you’re also dealing with physical and emotional recovery. An experienced personal injury lawyer can take the confusion out of the process, lead you through it, and help you obtain the justice and compensation you deserve.

The legal process can vary from case to case, but generally it goes as follows:

Initial Consultation with a Personal Injury Attorney

Your first step is to schedule a consultation with a personal injury lawyer. During this meeting, the attorney will review the details of your case, explain your legal rights, and discuss potential strategies. Your personal injury attorney should offer a free consultation and work on a contingency fee basis, so you won’t pay anything unless they secure compensation for you.

Investigation and Evidence Collection

Once you hire an attorney, they will begin gathering evidence to build a strong case. This includes:

• Obtaining police reports and BAC results
• Collecting medical records and bills
• Consulting with your doctors
• Gathering witness statements
• Securing any available video footage and other evidence
• Reviewing insurance policies and coverage options

Understanding Criminal Charges vs. Civil Claims

It’s common to wonder how the drunk driver’s criminal charges impact your personal injury case. While criminal DUI charges focus on punishing the offender, your civil claim aims to secure financial compensation for your damages. Even if the drunk driver is not convicted in criminal court, you can still pursue a civil lawsuit. The two legal processes are separate, and a personal injury claim has a lower burden of proof.

Filing the Insurance Claim

Your attorney will file claims with the at-fault driver’s insurance company and, if necessary, with your own insurance under uninsured/underinsured motorist coverage if you were injured by an uninsured driver or a hit-and-run driver. Insurance companies often attempt to minimize payouts, so having legal representation is crucial during this phase.

Settlement Negotiations

In many cases, drunk driving accident claims are resolved through settlements. Your Denver lawyer will negotiate with the insurance companies to secure fair compensation for medical expenses, lost income, pain and suffering, and other damages. If a reasonable settlement cannot be reached, the next step is litigation.

Filing a Personal Injury Lawsuit (If Necessary)

If the at-fault party’s insurance company refuses to offer you a fair deal, your attorney may file a formal lawsuit. This process includes:

• Filing the complaint: A legal document outlining your claims and the damages you’re seeking.
• Discovery phase: Both parties exchange evidence, conduct depositions, and gather additional documentation.
• Mediation or arbitration: In some cases, alternative dispute resolution methods can help avoid trial.
• Trial: If no agreement is reached, the case will go to trial, where a judge or jury will determine the outcome.

Receiving Compensation

If a settlement is reached or you win at trial, you will receive compensation for your damages. Your attorney will handle the final paperwork, ensure medical liens are resolved, and distribute your portion of the settlement.

Immediate Steps to Take After a Drunk Driving Accident in Denver

The hours and days following a drunk driving accident are critical for your health and your legal case. Taking the right steps can protect your rights and strengthen your claim for compensation. After a drunk driving accident, you need to do the following:

1. Call 911: Always report the accident and request medical assistance. A police report is essential, especially in drunk driving cases.
2. Seek medical attention: Even if you feel fine, get checked by a doctor. Injuries like concussions or internal bleeding aren’t always immediately apparent.
3. Document the scene: If it’s safe, take photos of vehicle damage, injuries, and any visible evidence (like open alcohol containers).
4. Gather witness information: Eyewitnesses can provide critical testimony.
5. Request the police report: This document will confirm the drunk driver’s BAC and any criminal charges filed.
6. Contact a Denver DUI accident lawyer: An experienced attorney can help you build a strong case and handle communications with insurance companies.

Types of Damages You Can Recover

Victims of drunk driving accidents in Colorado may be entitled to a range of damages designed to compensate for both financial losses and emotional suffering. These damages fall into two primary categories: economic and non-economic, with additional considerations for wrongful death and punitive damages.

Economic Damages

• Medical expenses: Covers all past, present, and future medical costs related to the accident, including surgeries, rehabilitation, and long-term care.
• Lost income: Compensation for lost wages or income due to missed work and any lost benefits.
• Diminished earning capacity: If your ability to work and earn the level of income and benefits has been adversely affected.
• Property damage: Costs to repair or replace your vehicle and any personal belongings damaged in the crash.
• Out-of-pocket expenses: Reimbursement for accident-related costs such as transportation, home modifications, or in-home care.

Non-Economic Damages

• Pain and suffering: Compensation for physical pain, mental anguish, and emotional distress caused by the accident.
• Loss of enjoyment of life: If injuries limit your ability to participate in hobbies or activities you once enjoyed.
• Emotional distress: Covers conditions like anxiety, depression, or PTSD stemming from the trauma of the accident.
• Loss of consortium: Damages awarded to family members for loss of companionship, affection, or support.

Wrongful Death Damages

If the drunk driving accident results in a fatality, surviving family members can file a wrongful death claim for:

• Funeral and burial expenses
• Loss of the deceased’s income and benefits
• Medical expenses incurred before death
• Loss of companionship and emotional support

Punitive Damages

In cases of gross negligence or extreme recklessness, Colorado courts may award punitive damages to penalize the at-fault driver further. For example, if a commercial truck driver operates a semi-truck while intoxicated and causes a catastrophic accident, both the driver and their employer could be held liable for punitive damages.

Colorado’s Statute of Limitations for Drunk Driving Accident Claims

In Colorado, you generally have three years from the date of the accident to file a personal injury claim involving a motor vehicle accident. However, acting sooner is always in your best interest. Evidence can disappear, witnesses’ memories can fade, and delays can weaken your case. Consult with a personal injury lawyer as soon as possible, as other circumstances of your case may affect your deadlines.

Holding Other Parties Liable: Colorado’s Dram Shop Laws

In some cases, liability extends beyond the drunk driver. Colorado’s Dram Shop Law allows victims to hold bars, restaurants, or liquor stores accountable if they served alcohol to someone who was visibly intoxicated or underage and that person caused an accident.

However, these cases are complex. Dram shop claims in Colorado have a one-year statute of limitations, making it essential to act quickly if you believe a third party may be liable.

At-A-Glance: Frequently Asked Questions (FAQs)

Q: What should I do immediately after a drunk driving accident in Denver?

Call 911 to report the accident and ensure everyone receives medical attention. Even if injuries seem minor, seeking medical care is crucial, as some injuries may not show symptoms right away. Additionally, document the scene, gather witness information, and contact a Denver DUI accident lawyer to safeguard your legal rights.

Q: Can I file a civil lawsuit if the drunk driver wasn’t charged in Denver?

Yes. Civil claims for personal injury operate independently from criminal charges. Even if the drunk driver isn’t prosecuted or convicted, you can still file a civil lawsuit to seek compensation for medical bills, lost wages, and pain and suffering.

Q: Can I still receive compensation if I was partially at fault for the DUI accident?

Yes. Colorado follows a modified comparative negligence rule. As long as you are less than 50% at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% at fault, your compensation will be reduced by that amount.

Q: What are my options if the drunk driver was uninsured in Colorado?

If the drunk driver is uninsured or underinsured, you can file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage. Colorado insurers are required to offer this coverage, which can provide an essential safety net for victims when the at-fault driver lacks sufficient insurance.

How a Denver Personal Injury Lawyer Can Help

Handling a drunk driving accident claim on your own is daunting, especially while recovering from injuries. Your attorney will:

• Investigate the accident thoroughly, collecting evidence like police reports, witness statements, and video footage.
• Calculate the full extent of your damages to ensure you seek fair compensation.
• Negotiate with insurance companies that often aim to minimize payouts.
• File a lawsuit if necessary and represent you in court.

An experienced Denver personal injury attorney understands the emotional and financial toll these accidents take and will advocate fiercely on your behalf.

Get Help from Fuicelli & Lee Injury Lawyers Today

When a drunk driver has injured you or a loved one in Denver, not only do you deserve justice, but full, fair, and complete compensation for all your damages and losses.

At Fuicelli & Lee Injury Lawyers, our experienced car accident lawyers are dedicated to helping victims in Denver hold negligent drivers accountable and secure the financial recovery they need to move forward. Don’t wait—evidence fades, and deadlines can pass before you know it.

Call Fuicelli & Lee Injury Lawyers today at (303) 444-4444  or contact us online for a free consultation with an experienced Denver DUI accident lawyer. Our team will stand by your side and help you through this difficult time. While we can’t undo all the harm that’s been done, we can fight to maximize your recovery and secure the financial resources that will help you heal and move forward.