What to Do If You Were Hit by a Drunk Driver in Denver
Being hit by a drunk driver is a traumatic experience that can leave you with serious injuries, mounting medical bills, and many questions about what comes next. In Denver, drunk driving accidents occur regularly, and injured people have the right to seek compensation under Colorado law. This guide outlines immediate steps to take after a drunk driving accident, discusses key impaired‑driving concepts, and explains how Zaner Law Personal Injury Lawyers‘s drunk driving accident lawyer in Denver may assist with your claim.
Why Consider Zaner Law Personal Injury Lawyers for a Drunk Driving Accident Case
When you’ve been hit by a drunk driver, it can be helpful to work with a legal team that understands both personal injury law and the particular issues that arise in drunk‑driving cases. Zaner Law Personal Injury Lawyers handles injury claims involving impaired drivers in Denver and throughout Colorado and focuses on pursuing compensation from all potentially responsible parties.
The firm typically works on a contingency fee basis, meaning clients do not pay attorney fees up front, and fees are collected from any recovery obtained in the case. Free consultations are available so potential clients can discuss their situation and options without an initial fee.
Immediate Steps to Take After Being Hit by a Drunk Driver
The steps you take after a crash can affect both your safety and any future claim.
Document the Scene
If you can do so safely, consider:
- Taking photos or videos of the vehicles, roadway, traffic control devices, and any visible injuries
- Noting the date, time, weather, and exact location of the collision
- Obtaining the other driver’s name, contact details, and insurance information
- Asking witnesses for their names and contact information
- Noting the responding officer’s name and report number
- Observing and, when appropriate, later reporting any signs of possible impairment (such as slurred speech, unsteady movements, or odor of alcohol)
This information can later help show what happened and support any claim regarding the other driver’s condition and fault. For detailed guidance, see what pictures to take after an accident in Denver.
Seek Medical Attention
Even if injuries seem minor at first, seeking prompt medical care is important. Some conditions, including internal injuries, whiplash, and certain head injuries, may not be immediately obvious but can worsen without treatment. Medical records create a documented link between the crash and your symptoms, which is important for insurance claims and potential litigation. Keep copies of all bills, prescriptions, and treatment recommendations.
Impaired Driving Concepts in Colorado
Colorado law recognizes multiple impaired‑driving offenses. While the exact legal definitions are set out in the Colorado statutes, some broad distinctions include:
- DUI (Driving Under the Influence): Generally applies when a person drives a vehicle while substantially incapable of operating it safely due to alcohol, drugs, or a combination of both. A blood alcohol concentration (BAC) of 0.08% or above usually supports a DUI presumption.
- DWAI (Driving While Ability Impaired): Generally applies at lower BAC levels, such as 0.05% or above, when a person’s ability to drive is impaired, even if they are not at the DUI threshold.
A criminal DUI or DWAI case is separate from any civil personal injury claim. You do not need to wait for the criminal case to end before pursuing a civil case, and you can seek compensation even if the criminal charges are reduced or do not result in a conviction. A conviction can be helpful evidence, but it is not a prerequisite for a civil recovery. Understanding Colorado’s comparative fault law can help you evaluate your claim even if the other driver’s criminal case is still pending.
Types of Compensation That May Be Available
If you were injured by an impaired driver, you may be able to seek compensation for several categories of losses.
Economic Damages
Economic damages are financial losses that can be documented, such as:
- Medical expenses (emergency treatment, follow‑up care, surgery, rehabilitation, medications)
- Future medical needs related to the crash
- Lost wages or income from missed work
- Reduced earning capacity if you cannot return to the same work or hours
- Property damage to your vehicle and other personal property
Non‑Economic Damages
Non‑economic damages reflect more subjective harms, such as:
- Physical pain and discomfort
- Emotional distress or psychological trauma
- Loss of enjoyment of life
- Scarring or disfigurement
- Impact on close relationships (sometimes described as loss of consortium in appropriate cases)
Colorado law also recognizes the possibility of punitive (exemplary) damages in certain circumstances involving willful and wanton conduct, which can include some drunk‑driving situations. Whether those damages apply depends on the facts and statutory requirements and must be evaluated case‑by‑case.
Dram Shop Liability in Denver
Colorado’s “dram shop” statute may allow claims against certain alcohol‑serving businesses in limited circumstances. In general terms, bars, restaurants, or other licensed establishments can face civil liability if they willfully and knowingly serve alcohol to a visibly intoxicated person or to someone under 21, and that service is a substantial factor in causing the intoxication that leads to injury.
Key points about dram shop claims in Colorado include:
- The time limit for filing a dram shop action is typically much shorter than for a standard injury claim, often one year from the date the alcohol was served.
- Colorado law imposes caps on the amount recoverable from dram shop defendants, and those caps are adjusted periodically.
- The evidentiary burden—showing that the establishment served a visibly intoxicated person and that this service contributed to the crash—can be demanding and often requires prompt investigation.
Because of these deadlines and evidentiary issues, potential dram shop claims should be evaluated as early as possible. Zaner Law Personal Injury Lawyers can help identify whether a dram shop claim may apply to your situation.
How Zaner Law Personal Injury Lawyers May Handle a Drunk Driving Accident Case
A structured approach can help build and present a strong claim. In a typical drunk‑driving injury case, the firm may:
- Investigate the crash: Obtain and review police reports, toxicology or BAC information when available, witness statements, photographs, and any video footage. Consider whether any bar or restaurant may have contributed to the driver’s impairment.
- Gather documentation of damages: Collect medical records and bills, employment and wage information, and repair or total‑loss documentation for your vehicle.
- Communicate with insurers: Handle communications and negotiations with the impaired driver’s insurer and, when applicable, your own insurer (for example, for uninsured/underinsured motorist coverage).
- Pursue settlement where appropriate: Present a demand supported by evidence of liability and damages and attempt to resolve the case for a fair amount.
- Litigate when necessary: If a reasonable settlement cannot be reached, file a lawsuit and prepare the case for trial, including working with necessary experts such as medical professionals or accident reconstruction specialists.
Throughout this process, the firm’s goal is to keep you informed about major developments, answer your questions, and explain your options so you can make informed decisions.
Frequently Asked Questions
What is the statute of limitations for a drunk driving accident claim in Denver?
Most motor‑vehicle personal injury claims in Colorado must be filed within three years of the date of the collision, but there are exceptions and special rules for certain types of claims. Dram shop claims typically have a shorter one‑year deadline from the date of service. Because calculating the correct deadline can be fact‑specific, it is important to consult with a lawyer as soon as possible to avoid missing any applicable time limits.
Can I bring a civil case if the drunk driver is not convicted?
Yes. The civil and criminal proceedings are separate. A civil case uses a different burden of proof and can go forward even if the criminal charges are dismissed, reduced, or result in an acquittal. Evidence from the criminal case may still be useful in the civil matter, but your right to pursue compensation does not depend on a criminal conviction.
How is the value of a drunk driving accident case determined?
The value of any injury case depends on factors such as the severity and duration of your injuries, the amount of medical treatment, lost income, long‑term impact on your ability to work and perform daily activities, the clarity of liability, and the available insurance coverage and assets. Because every case is different, a meaningful valuation requires a fact‑specific review of your circumstances, records, and prognosis rather than a standard formula. Understanding how personal injury settlements are calculated can help you evaluate potential outcomes.
Contact Zaner Law Personal Injury Lawyers for a Free Consultation
If you’ve been hit by a drunk driver in Denver, you do not have to navigate the legal and insurance process on your own. Zaner Law Personal Injury Lawyers offers free consultations to review your situation, answer your questions, and discuss potential next steps. You can call (720) 613-9706 to speak with a member of the team and learn more about your rights and options under Colorado law.
