Fighting for Justice: Your Guide After a Drunk Driving Accident

Colorado continues to grapple with the devastating consequences of drunk driving. In 2022 alone, 286 people were killed in crashes involving a drunk or drug-impaired driver on Colorado roads (codot.gov). Tragic headlines across the state put faces to these numbers.

For example, in 2024 a DUI driver ran a red light and slammed into a family’s car. A 12-year-old boy was ejected and suffered a fractured skull, while his sister sustained severe spinal injuries. Stories like these underscore how one person’s irresponsible decision to drive under the influence can cause life-altering harm to others.

Determining Liability in a Drunk Driving Accident

After a drunk driving accident, one of the first legal questions is: who is liable for the injuries and damage? In Colorado, the answer might seem obvious – the impaired driver – but liability can extend beyond just the person behind the wheel. There may be multiple parties who bear responsibility, and understanding this can help ensure you pursue all avenues of compensation.

The Impaired Driver

In nearly all DUI crash cases, the intoxicated driver is the primary party at fault. Driving under the influence is illegal and considered a form of negligence. This means the drunk driver who caused the crash will almost certainly be held liable for the harm caused. They may face criminal charges – Colorado prosecutors can charge a DUI driver with vehicular assault or homicide if serious injuries or deaths occur – but criminal proceedings are separate from your right to seek civil compensation. As an injured victim, you can file a personal injury claim or lawsuit against the drunk driver to recover damages.

Practically, the drunk driver’s auto insurance will be the primary source of compensation. Colorado is an “at-fault” state for auto accidents, so the at-fault driver’s liability insurance should cover injury claims up to the policy limits. However, it’s common for insurers to dispute the extent of the injuries or damages, even when fault is obvious. They might argue, for instance, that some of your injuries were pre-existing or that you’ve recovered enough to return to work sooner than you feel able. This is why having a lawyer can be critical.

What if the drunk driver has no insurance or not enough insurance? Unfortunately, some DUI drivers are uninsured or carry only minimum coverage that doesn’t fully cover the losses they cause. In those cases, you may need to turn to your own insurance – specifically, your uninsured/underinsured motorist (UM/UIM) coverage, if you have it. UM/UIM coverage in Colorado can step in to pay your damages when the at-fault driver cannot. A drunk driving accident lawyer can help identify all available insurance policies (the driver’s, your own, and possibly others) to maximize your potential compensation.

Third-Party Liability (Bars, Restaurants, or Social Hosts)

Sometimes, liability for a drunk driving accident extends beyond the driver to include those who provided the alcohol. Colorado, like many states, has what are known as “dram shop” laws and social host liability laws. Under Colorado’s dram shop statute, an establishment that sells alcohol can be held liable if they willfully and knowingly served alcohol to someone who was visibly intoxicated or underage, and that person then caused a crash (nolo.com). 

Colorado’s law also addresses social hosts. Someone throwing a house party generally cannot be sued for overserving an adult guest, but they can be held liable if they knowingly serve alcohol to minors or provide a place for minors to drink. So if a teenager gets drunk at a house party with adults’ knowledge and then causes a wreck, the injured victims might have a claim against the host who furnished the alcohol to that minor.

How Much Could Your Case Be Worth?

The value of a drunk driving accident case in Colorado varies widely depending on the circumstances. Factors include the severity of your injuries, the clarity of the impaired driver’s fault, the insurance policies available, and even the conduct of the at-fault driver. Generally, you are entitled to seek compensation for both economic and non-economic losses. In egregious cases, you might also pursue punitive damages. 

Medical Expenses

After a serious crash, medical bills often pile up quickly. You can claim all accident-related medical expenses in your case. This includes the ambulance ride, emergency room care, hospital bills, surgeries, medication, follow-up doctor visits, physical therapy, rehabilitation, and any needed medical equipment. Importantly, you should consider future medical costs as well. If your injuries will require ongoing treatment. All these medical costs, past and future, should be covered by the at-fault party. It can be helpful to have your doctors provide statements about future care needs, so those estimates are documented.

Pro Tip: Keep all receipts and medical records from day one. These documents are key evidence to demonstrate your medical expenses. If you have health insurance that paid some bills, those providers may assert a lien (claim) for reimbursement from any settlement – another aspect a lawyer can help manage so that you don’t end up owing unexpected costs.

Lost Income and Future Earnings

Injuries from a DUI crash can put you out of work for weeks or months – or even permanently, in tragic cases of disability. You are entitled to recover lost wages for the work you missed while recovering. This isn’t limited to just salary; it includes lost overtime, lost bonuses or commissions, and any other income you failed to earn due to the accident. If your injuries affect your ability to work in the long term, you can also claim loss of earning capacity.

For example, consider a DUI accident victim who was a construction worker making $50,000 a year. If that person sustains a traumatic brain injury or other disabling injury that prevents a return to construction work, the lifetime difference in income can be hundreds of thousands of dollars. Those losses are very real and compensable. Even if you expect to recover eventually, any lost income during your recovery period should be included.

Pain and Suffering

Not all the harm from an accident is financial. Pain and suffering damages compensate you for the physical pain, emotional distress, and overall decrease in quality of life you experience due to the accident. These are considered non-economic damages – real losses, but harder to put a dollar value on. After a drunk driving crash, you might be dealing with chronic pain, limitations on your activities, anxiety or PTSD, and the general loss of enjoyment of life during your recovery. 

Punitive Damages (Exemplary Damages)

Punitive damages (called “exemplary damages” in Colorado law) are not awarded in every case – they are reserved for situations of egregious misconduct. Drunk driving is a textbook example of conduct that may warrant punitive damages, because getting behind the wheel while intoxicated shows a willful and wanton disregard for the safety of others. Punitive damages are not meant to compensate you for a loss, but rather to punish the wrongdoer and deter similar conduct in the future. In a civil lawsuit in Colorado, you typically cannot even ask for punitive damages in your initial complaint; you must first present evidence of the at-fault party’s outrageous conduct, and then the court may allow you to add a punitive claim. If your case goes to trial and the jury agrees that the drunk driver’s actions were especially reckless or showed a blatant disregard for others’ lives, they could award punitive damages on top of your compensatory damages.

How Hiring a Lawyer Can Help

Facing the aftermath of a drunk driving accident can be daunting. You’re coping with injuries, dealing with car repairs, and fielding calls from insurance adjusters who might be pressuring you to give statements or settle quickly. This is where a drunk driving accident lawyer can make a life-changing difference. A compassionate, experienced attorney like Western Slope Law can handle the legal complexities and fight for your rights, so you can focus on healing. Here are some of the key ways a lawyer can help if you’ve been injured by a DUI driver:

• Investigation and Evidence Gathering: To build a strong claim, you need evidence. A lawyer will thoroughly investigate the crash – obtaining the police accident report, the drunk driver’s breathalyzer or blood test results, and any traffic camera or surveillance footage that might exist. They will interview witnesses, gather photographs of the scene and vehicles, and document your injuries. This evidence not only proves fault but can also bolster a claim for punitive damages by showing how irresponsible the driver’s behavior was.

• Dealing with Insurance Companies: Insurance adjusters may seem friendly, but remember that their job is to save the insurance company money. They might offer a quick settlement that barely covers immediate expenses, knowing you might later discover more medical issues. An attorney experienced in DUI accidents knows these tactics and will handle all communications with the insurance companies on your behalf. 

• Navigating Legal Deadlines and Procedures: Colorado law has various statutes of limitations and procedural rules that apply to injury claims. For instance, as mentioned, a dram shop claim must be filed within one year, and a standard injury lawsuit within two or three years. Missing a deadline could bar you from recovery entirely. A lawyer keeps track of all these timelines and ensures that your case is filed properly and on time. 

• Maximizing Your Compensation: Perhaps most importantly, a drunk driving accident lawyer’s goal is to maximize the compensation you receive. They understand how to determine the full extent of your losses – not just the obvious bills, but the less visible consequences of the injury on your life. They might work with medical experts, vocational experts, or economists to prove the need for future treatment or the value of lost earning capacity. If the insurance company tries to argue you were partially at fault, your lawyer will be prepared to counter those arguments with evidence.