Driving under the influence of alcohol is one of the worst mistakes a driver can make. Yet, drunk drivers constantly plague the streets of Colorado, causing many serious and fatal collisions each year.
In 2017, the Colorado Department of Transportation reported 177 deaths from alcohol-impaired drivers. This accounted for 27 percent of all traffic deaths.
If you were injured or tragically lost a loved one in a drunk driving accident, contact the Lakewood drunk driving accident lawyers of Flesch Law. We provide personalized legal services and have helped victims with cases for over 40 years.
An experienced Lakewood car accident attorney can protect you from tactics an insurance company will use to devalue your claim. With an attorney advocating for your best interests, you will understand the true value of your lawsuit and have the power to negotiate maximum monetary recovery.
While you focus on healing, your Lakewood drunk driving accident attorney can handle the whole legal process, fighting to obtain the fair value of your claim – including what you may need in the future. A lawyer can investigate your drunk driving accident, gather evidence and hire qualified experts to strengthen your case.
In Colorado, it is against the law to operate a motor vehicle with a blood alcohol content level at or above 0.08 percent. This is a crime called driving under the influence (DUI). A DUI criminal conviction can result in punishments such as thousands of dollars in fines and jail time, as well as the temporary loss of driving privileges.
Driving under the influence can also result in civil penalties. It is your responsibility as the injured party to initiate a civil claim; a prosecutor will initiate a criminal case, on the other hand. A civil lawsuit against the drunk driver’s insurance company could result in payment for your accident-related medical costs and property repairs. You may also be eligible for punitive damages to punish the drunk driver for his or her recklessness.
You may be able to hold another party financially responsible for a drunk driving accident in addition to the intoxicated driver. The dram shop or establishment that gave the drunk driver the alcohol may also bear some liability for the DUI accident.
Colorado’s dram shop liability law states that if a bar, restaurant or another business served alcohol to a minor or overserved someone who was already visibly intoxicated, that establishment could be liable for a resultant drunk driving accident.
Victims of serious injuries may seek compensation against those who are at fault for any losses they can demonstrate. The more extensive your claim, the harder it is for the insurance company to deny your compensation claims. Examples of the types of recoverable damages you may be able to receive with the help of your Lakewood drunk driving attorney include:
With the guidance of your drunk driving attorney in Lakewood, you gain the support you need to explore all possible losses you have and may have in the future. Creating a comprehensive outline of these losses enables your attorney to hold those who hurt you accountable.
The value of your claim in a drunk driving accident includes all of the potential damages you were owed, including the economic and noneconomic damages listed above. In some situations, you may also receive punitive damages, an award given to those who have experienced heinous crimes and injuries. Drunk driving could be considered an intentional act and may encourage the judge to award you compensation for these losses. Punitive damages are only available in some situations, and the ultimate decision to award them is up to the judge.
As the injured party in a drunk driving accident lawsuit, it is your responsibility to prove that the other driver was intoxicated and that this more likely than not caused your car accident. This is called a preponderance of the evidence. You or your lawyer must provide enough evidence to meet this burden of proof before you can recover financial compensation.
Evidence against a drunk driver or dram shop may include:
You have two years to file a standard car accident claim in Colorado. If there is a criminal case against the defendant simultaneously for an alleged DUI, however, the civil courts may extend your time limit to two years from the date the criminal case ends. That way, you can use a DUI conviction (if applicable) as evidence for your lawsuit.
The statute of limitations in Colorado for drunk driving claims filed by a victim is two years. This means that, under Colorado’s Revised Statutes 13-80-102, you have two years to the date of the accident to seek compensation from the at-fault party through a lawsuit filed in court. This is not the same as the timeline associated with filing a claim with the insurance company. That could be much shorter.
What is most important to know is that the sooner you take action, the better. Your Lakewood drunk driving lawyer will work closely with you to gather evidence, better understand your injuries and losses, and develop a clear plan to maximize your claim. This can prove to be critical because it can take some time. If you wait too long, you may not have access to all of the evidence necessary to hold those who hurt you accountable.
There are some situations where this statute of limitations may be extended, including if the person flees the state for some time or if you are unconscious for a period of time during which you could not file legal action. In all cases, you should not wait to contact an attorney to discuss your rights.
Drunk drivers can cause catastrophic car accidents from speeding, wrong-way driving, red-light running and other types of reckless driving. If you’ve been injured in a drunk driving accident, contact our Lakewood, Colorado attorneys today. Flesch Law offers free initial consultations and represents clients on a contingency fee basis, meaning you won’t pay unless we succeed in securing financial compensation for you.
Discuss all the ways our Lakewood personal injury law firm can help. Call (303) 980-5511 or contact us online today. We are passionate about bringing wrongdoers to justice on behalf of injured accident victims.