Can I Sue a Bar for Overserving a Drunk Driver in Colorado?
If you or a loved one suffered injuries in a drunk driving accident, you may be able to pursue a claim against the bar or restaurant that served the alcohol. Colorado law allows injured victims in certain circumstances to bring what is commonly called a dram shop claim when a licensed alcohol vendor willfully and knowingly serves a visibly intoxicated person or a minor.
Understanding Colorado’s Dram Shop Law
Colorado’s dram shop law is codified at Colorado Revised Statute § 44-3-801. It can apply to bars, restaurants, liquor stores, and other licensed alcohol vendors if the statute’s requirements are met.
In general, the claim belongs to the injured third party, not the intoxicated person who was served alcohol. Liability depends on whether the vendor’s conduct contributed to the harm caused by the intoxicated person.
When a Bar May Be Liable
A bar may be liable if it willfully and knowingly serves alcohol to a person who is visibly intoxicated. Colorado law focuses on observable signs such as slurred speech, unsteady balance, or impaired coordination, along with evidence that the establishment continued service despite those signs.
Colorado law also allows claims when alcohol is knowingly served to a minor under 21. In that situation, the law does not require proof that the minor appeared intoxicated.
Damages and Compensation
Colorado’s dram shop law includes a statutory cap on civil liability. Within the applicable cap, a claimant may be able to seek compensation for medical expenses, lost wages, pain and suffering, and property damage. The amount available in any case depends on the facts, the evidence, and the injuries involved.
Time Limit to File
Colorado dram shop claims are generally subject to a one-year statute of limitations measured from the date the alcohol was sold or served. That deadline is separate from the deadline for a standard personal injury or wrongful death claim.
Why Choose Zaner Law Personal Injury Lawyers for Your Dram Shop Claim
Zaner Law Personal Injury Lawyers says it handles dram shop and drunk driving injury cases throughout the Denver area and Colorado. The firm states that it investigates surveillance footage, witness accounts, and other evidence to evaluate whether a licensed establishment may have contributed to a crash.
The firm also states that it works on a contingency fee basis, which means there are no upfront fees and payment is collected only if compensation is recovered. Zaner Law Personal Injury Lawyers‘s personal injury attorneys have extensive experience with dram shop claims and understand the unique legal theories involved.
How Dram Shop Claims Work
A dram shop claim requires proving that the bar or restaurant willfully and knowingly served alcohol to a visibly intoxicated person or a minor. This means you must show:
- The establishment served alcohol to the person
- The person was visibly intoxicated or was a minor
- The establishment knew or should have known of the intoxication or age
- The person subsequently caused an accident
- You were injured as a result
Evidence supporting these elements can include surveillance video, witness testimony, bartender statements, and the intoxicated person’s blood alcohol content at the time of the accident.
Combining Dram Shop Claims with Other Claims
You may be able to pursue a dram shop claim against the bar or restaurant while also pursuing a negligence claim against the drunk driver. Both claims can proceed simultaneously, and recovery from one does not necessarily bar recovery from the other.
In some cases, the drunk driver’s insurance may cover the accident, while the bar’s liability insurance covers the dram shop claim. An experienced attorney can coordinate these claims to maximize your recovery.
Frequently Asked Questions About Bar Liability in Colorado
Can I sue a bar if the drunk driver was a regular customer?
A person being a regular customer does not automatically prevent a dram shop claim. The question is whether the establishment willfully and knowingly served alcohol to a visibly intoxicated person or a minor.
Can I sue both the drunk driver and the bar?
Yes. A claim may be brought against the drunk driver for negligent driving and against the bar if the facts support dram shop liability.
Does Colorado’s dram shop law apply to restaurants that serve alcohol?
Yes. Colorado’s dram shop statute can apply to licensed alcohol vendors, including restaurants, bars, nightclubs, and liquor stores, if the legal requirements are met.
What if the drunk driver was a minor?
If a minor was served alcohol and subsequently caused an accident, the dram shop claim does not require proof that the minor appeared intoxicated. The fact that alcohol was knowingly served to a minor is sufficient to establish liability.
Steps to Take After a Drunk Driving Accident
If you’ve been injured in a drunk driving accident, take these steps to protect your legal rights:
- Seek medical attention immediately
- Report the accident to police and obtain the police report
- Document the scene with photos and witness information
- Preserve evidence such as medical records and receipts
- Avoid discussing the accident on social media
- Contact an attorney before accepting any settlement offers
Take Action Today
If you were injured in a drunk driving crash and believe a bar or restaurant overserved the driver, it is important to act promptly. The one-year deadline can pass quickly, and evidence such as surveillance footage or witness accounts may become harder to obtain over time.
Contact Zaner Law Personal Injury Lawyers to discuss whether you may have a viable dram shop claim. Call (720) 613-9706 for a consultation.
