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What to Do After a Drunk Driving Car Accident in Denver

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November 25, 2023 Car Accidents, Personal Injury

If a drunk driving car accident injured you in Denver, this guide will help you navigate the situation.

In a challenging time like this, protect your well-being and legal rights. Contact a personal injury lawyer with experience handling drunk driving car accidents. A Denver drunk driving accident lawyer will know the complex local and state laws that may affect your personal injury claim.

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First Steps After a Drunk Driving Car Accident

What to Do After a Drunk Driving Car Accident in Denver

If you suspect a drunk driver caused a car accident:

  • Ensure Safety: Check for injuries, ensure the safety of everyone involved, and seek immediate medical assistance.
  • Contact Law Enforcement: Call the police. Inform them of your suspicions about the other driver’s intoxication. Cooperate with law enforcement in providing statements and any information they require for their investigation. The police will assess the other driver’s condition and, if necessary, conduct sobriety tests. They will create an official accident report.
  • Gather Information: Exchange contact and insurance information with the other driver, if possible. Additionally, identify and collect information from any witnesses to the accident.
  • Document the Scene: If it’s safe to do so, photograph the accident scene, including vehicle damage, license plates, and the overall situation. This can serve as valuable evidence.
  • Stay Calm and Cooperative: While interacting with the other driver, remain calm and cooperative. Avoid confrontation or accusations, as this can escalate the situation.
  • Report the Accident: Notify your insurance company about the accident as soon as possible. Provide them with the necessary details and inform them of your suspicions regarding the other driver.
  • Consult an Attorney: If police confirm the other driver was intoxicated and the accident resulted in injuries or significant damages, talk with an attorney experienced in personal injury and Driving Under the Influence (DUI) cases. They can advise you on your legal rights and compensation claim.
  • Preserve Evidence: Keep records of all documents and evidence related to the accident, such as medical records, repair estimates, and the police report.
  • Seek Support and Recovery: After the accident, seek emotional and medical treatment. Explore resources for accident recovery and rehabilitation as needed.

Make the safety of all parties involved your top priority. Report your suspicions about the other driver’s intoxication to the police for legal and safety reasons, but do so calmly and responsibly.

How Do Colorado Drunk Driving Laws Affect My Denver Accident Claim?

Colorado’s drunk driving laws provide a strong foundation for pursuing a successful car accident claim against an intoxicated driver. However, consult an attorney to protect your rights and recover fair compensation through the complex legal process and insurance negotiations.

Here’s how these laws may affect your claim:

  • Establishing Liability: The state has strict laws against drunk driving. If an intoxicated driver caused the accident, you can hold them at fault for the collision.
  • Criminal Consequences: The intoxicated driver may face criminal charges, such as DUI (Driving Under the Influence). These charges can support your claim by indicating the driver’s negligence.
  • Insurance Implications: The drunk driver’s insurance may need to cover your damages. However, insurance companies may resist payment, and you may need legal assistance to ensure a fair settlement.
  • Compensation: The law in Colorado allows you to pursue compensation for damages, including medical expenses, property damage, pain, suffering, and lost income, because of the accident.
  • Comparative Negligence: Colorado follows a comparative negligence system. If you were partially at fault for the accident, your compensation may decrease. However, you can still seek compensation even if you share some responsibility.
  • Legal Representation: A personal injury attorney experienced in drunk driving car accidents can navigate the legal complexities, gather evidence, and negotiate with the other driver’s insurance company.
  • Time Limits: Failing to file within the time limit set by the statute of limitations can eliminate your ability to seek compensation. In Colorado, the statute of limitations typically gives you three years to file a lawsuit for a drunk driving accident injury claim.
  • Court Proceedings: If the insurance company resists a fair settlement, your case may go to court.

Drunk Driving and DUI Defined

Colorado differentiates between drunk driving, typically involving alcohol, and driving impaired by other substances, such as drugs. The state’s laws establish legal limits and consequences for both alcohol and drug-related impaired driving. These regulations apply in Denver:

Drunk Driving (Alcohol)

The legal blood alcohol concentration (BAC) limit for adults 21 and over is 0.08 percent. If a driver’s BAC is at or above this limit, they are legally intoxicated and police can charge them with DUI (Driving Under the Influence). Higher BAC levels can result in enhanced penalties.

Impaired Driving by Other Substances (Drugs)

The state enforces laws against driving while impaired by drugs, including both illegal drugs and prescription medications that can impair a person’s ability to drive safely. Drivers impaired by drugs can face DUID (Driving Under the Influence of Drugs) charges.

The penalties for DUI and DUID can include fines, license suspension, mandatory education programs, and, in some cases, imprisonment. Colorado has a per se law for drugs, which means that a person can face a DUID if they have any amount of a controlled substance in their system while operating a vehicle.

If you’re in a car accident in Denver with a driver suspected of a DUI or DUID, report the situation to the police and follow the appropriate legal procedures.

How Can a Drunk Driving Car Accident Lawyer Help Me?

A drunk driving accident lawyer will protect your rights, ensure a fair outcome, and relieve the legal and financial burdens that come with such accidents. Their expertise and experience in handling cases involving drunk drivers can significantly benefit your claim.

A DUI lawyer knows drunk driving and personal injury laws and can navigate the legal complexities on your behalf. They will thoroughly investigate the accident, collect evidence, interview witnesses, and work with accident reconstruction experts if necessary.

Your lawyer will establish the liability of the intoxicated driver and assess their level of fault. Drunk driving accidents can involve complex legal issues, such as punitive damages. An experienced attorney will navigate these complexities to your advantage.

An attorney will handle communication and negotiations with the at-fault driver’s insurance company, working to secure fair compensation for your injuries and damages. They will file all necessary documents correctly and within the required time frames, preventing potential legal pitfalls.

If the insurance company offers a settlement, your lawyer will provide advice on whether it’s fair and in your best interest to accept it. If the insurer resists a settlement, your lawyer can represent you in court, presenting your case before a judge and jury.

Your lawyer will maximize your compensation. They will fight to ensure you receive fair and just compensation for your injuries and suffering. Determining the full extent of your damages may include factoring in medical bills, property damage, lost wages, and pain and suffering. An experienced DUI attorney can provide emotional support during a challenging time, guiding you through the legal process with empathy and understanding.

Contact Fuicelli & Lee Injury Lawyers Today

If a drunk driving car accident injured you in Denver, protect your rights and well-being. Don’t navigate this challenging journey alone.

Keith Fuicelli

Keith Fuicelli, Drunk Driving Accident Attorney

Contact Fuicelli & Lee Injury Lawyers today to secure the experienced legal representation you need. Our team of personal injury attorneys is dedicated to fighting for justice on your behalf, ensuring you receive the compensation you deserve for your injuries and suffering. We understand the complexities of Colorado’s drunk driving laws and the emotional toll such accidents can take.

Don’t wait to seek the support and guidance you need. Contact Fuicelli & Lee Injury Lawyers today for your Denver drunk driving car accident claim. Let us advocate for justice and fair compensation. Your road to recovery starts with us. Call us at (303) 444-4444 for your free consultation, or fill out the contact form on this website.

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Client Testimonials

After getting hit by a drunk driver, my body and property were wrecked. I am so thankful Lori Tolle was there to take on my case when I had no bandwidth left. She cares and listens like a friend you’ve had forever, while vigilantly working for you. I was fully informed, always knew the status of things and what to expect, without feeling hounded. Lori did not budge until the payout was FAR more than I would have settled for. I can’t recommend this lawyer more highly. – Whittney, Avvo review ⭐⭐⭐⭐⭐

I had a great experience. First thing I asked when I called “Am I going to win this?” With her voice of absolute bold confidence Krislene replied “Yes”. This was all I needed to hear. In that very moment I knew this was the Dub I had been craving for. This was definitely the win that I needed in my life. Not even trying to get #1 in endless hours of Call Of Duty War Zone could make me feel the thrill rushing in my blood. Krislene & Gavin both gave me consistent updates & consultation I needed which boosted my confidence within the team. With the power of gods grace & our greatest American Justice System they definitely took this heathen down.10/10 Definitely coming back here next time I get hit by a drunk driver. – Usman, Google review ⭐⭐⭐⭐⭐

Keith and his team worked tirelessly for three years on my medical needs and fighting the unscrupulous insurance company after a drunk driver hit me “head on” in my Toyota. Fuicelli & Lee took my “Uninsured Motorist” coverage and “bad faith” claim seriously even though the insurance company didn’t, and finally got them to settle for five times more than the original offer.  I would highly recommend them to anyone that needs legal support after an accident. – Scott, Google review ⭐⭐⭐⭐⭐

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