Centennial Drunk Driving Accident Lawyers

Drunk driving accidents carry legal weight that standard car accidents don’t. Because drunk driving is a ‘willful and wanton’ act, we may also seek Exemplary (Punitive) Damages. While Colorado procedure requires us to obtain court permission to add these damages after the lawsuit is filed, they serve a vital purpose: punishing the driver for their recklessness, above and beyond compensating you for your losses. Additionally, Colorado’s dram shop law (C.R.S. § 44-3-801) may allow you to pursue claims against the bar, restaurant, or social host who served alcohol to the drunk driver.

However, Dram Shop claims have strict limitations. Damages are capped by statute (currently approx. $437,880, adjusted periodically for inflation).  While this cap limits what the bar pays, there is generally no cap on the economic damages (like medical bills) you can recover from the drunk driver directly. You must file within one year of the accident (a shorter deadline than the three-year limit for direct driver claims). You must prove the establishment willfully and knowingly served alcohol to a visibly intoxicated person or someone under 21. You must also prove a direct causal connection between the alcohol served and the injury.

You don’t need to prove guilt “beyond a reasonable doubt” like in a criminal case. In a civil claim, you only need to prove it’s “more likely than not” that the driver was intoxicated. Evidence includes: police reports documenting the accident and any DUI investigation, breathalyzer or blood test results showing BAC levels, field sobriety test results, witness statements describing the driver’s behavior, accident reconstruction analysis, and the driver’s own statements or admissions. Matlin Injury Law investigates thoroughly to gather this evidence and build a compelling case.

Absolutely. Some drunk driving accident claims succeed even when the criminal DUI case is dismissed or results in acquittal. Why? The civil burden of proof is lower. In criminal court, the prosecution must prove guilt beyond a reasonable doubt. That’s a very high standard. In your civil claim, you only need to prove negligence by a preponderance of the evidence (more likely than not). Additionally, the drunk driver’s criminal case and your civil case are separate proceedings. A conviction helps your claim, but it’s not required to win.

Colorado follows a “comparative negligence” rule. Even if you were partially at fault for the accident, you can still recover damages. Your recovery is reduced by your percentage of fault. For example, if you were 10% at fault and your total damages are $100,000, you can recover $90,000. However, if you’re found to be 50% or more at fault, you cannot recover anything. This is why thorough investigation and strong legal representation matter. Matlin Injury Law works to minimize any comparative fault assigned to you and maximize your recovery.

Drunk driving accident claims can result in compensation for multiple categories of damages. Medical expenses cover all treatment related to your injuries. This includes emergency care, surgery, hospitalization, physical therapy, ongoing medical treatment, and future medical care. Lost wages compensate you for income you lost while recovering and unable to work. Pain and suffering damages account for physical pain, emotional trauma, anxiety, and reduced quality of life. Property damage covers vehicle repair or replacement. In cases of severe injury or death, damages may also include loss of earning capacity and loss of consortium (the impact on your family relationships).

Timeline varies significantly. Some cases settle within months; others take a year or longer. Factors affecting duration include the complexity of liability, the severity of your injuries, how quickly medical treatment concludes, and whether the insurance company is willing to negotiate fairly. Settlement typically moves faster than litigation. If we file a lawsuit, the discovery process (exchanging evidence), depositions, and trial preparation add time. We keep you informed throughout and work efficiently to resolve your case.

Most drunk driving accident cases settle before trial. Insurance companies know the liability is strong when their insured driver was intoxicated. They often prefer to settle rather than risk a jury verdict. However, if the insurance company refuses to offer fair compensation, we’re prepared to litigate. We present evidence to a jury. We explain how the drunk driver’s negligence caused your injuries. We argue for full compensation. Our trial experience and preparation give you confidence that your case will be handled effectively whether it settles or goes to court.

If the at-fault driver is uninsured, you may still recover through your own insurance policy. Most Colorado auto insurance policies include uninsured motorist (UM) coverage. This coverage protects you when hit by an uninsured or underinsured driver. UM coverage typically matches your liability coverage limits. We help you file a claim with your own insurance company and negotiate for maximum recovery under your UM coverage. Additionally, if the drunk driver has personal assets, we may pursue a judgment against them directly. However, collecting from an individual is often more difficult than collecting from an insurance company.

Several factors strengthen your claim and increase the likelihood of substantial compensation. Clear evidence of intoxication is paramount. A police report documenting the DUI investigation, BAC results showing 0.08% or higher, and field sobriety test results all establish the driver’s impairment. Serious injuries with documented medical treatment demonstrate real harm. The more severe your injuries and the more extensive your medical records, the stronger your damages claim. Witness statements corroborating the accident and the driver’s impaired condition add credibility. A police report documenting the accident and DUI investigation is crucial evidence. Medical records showing causation between the accident and your injuries establish that the drunk driver caused your harm, not a pre-existing condition. Finally, minimal comparative fault on your part means more of the recovery goes to you rather than being reduced by your own negligence.

This decision depends on several factors. If the insurance company offers fair compensation that fully covers your damages, settlement may be the right choice. It’s faster, certain, and avoids the risks of trial. However, if the offer is inadequate, litigation may be necessary. We evaluate settlement offers against the strength of your case, the likely jury verdict, and the costs and time of trial. We present our recommendation, but the decision is yours. We’re prepared to pursue whichever path you choose.

Your case’s value depends on the severity of your injuries, the extent of your damages, the strength of liability evidence, and Colorado’s damage caps (if applicable). A minor injury case might settle for $10,000-$50,000. A serious injury case could be worth $100,000 or more. We evaluate your case individually. We consider your specific injuries, medical expenses, lost wages, and pain and suffering. We provide a free case evaluation to discuss your situation and give you an honest assessment of your claim’s value.

If a drunk driver has injured you, take these steps immediately: Seek medical attention if you haven’t already. Your health is the priority. Medical records are crucial evidence. Gather evidence from the accident scene if possible. Take photos of vehicle damage, road conditions, and the scene itself. Collect contact information from witnesses. Obtain a copy of the police report. Document your injuries and recovery process. Avoid discussing the accident on social media or with the other driver’s insurance company. Contact Matlin Injury Law for a free consultation to discuss your case and understand your legal options.