Boulder Drunk Driving Accident Attorney
If you were injured in a drunk driving accident, you may be confused about your legal rights and options. An experienced Boulder car accident attorney from Daniels & Scriven, P.C. can explain Colorado’s drunk driving laws and your right to pursue compensation for the damages you sustained.
Call us at (720) 863-6006 for a free, no-obligation case review.
Your Legal Options Following a Drunk Driving Accident
If you were injured in a drunk driving accident or lost a loved one in a fatal crash caused by a drunk driver, you may have different legal options. The first is to pursue a personal injury claim against the drunk driver. You may be able to file a claim with the drunk driver’s liability insurance provider or file a lawsuit against them to recover compensation for the damages you suffered.
Another option may be to file a claim under Colorado’s dram shop law. This law allows you to hold businesses like bars and restaurants legally liable for drunk driving accidents if they served alcohol to individuals who were already intoxicated or under the age of 21. Another part of the law allows a civil suit against social hosts who give alcohol to someone under 21.
If you suspect these laws may apply, it’s essential you take immediate legal action, as Colorado law limits your right to file this type of claim to one year after the defendant served the drunk driver.
Why Should I Bring a Civil Case If There Is a Criminal Case?
If police have already arrested the drunk driver, you might wonder whether pursuing a civil case is necessary. However, it’s important to keep in mind that criminal cases are much different than civil ones. Criminal cases aim to punish the defendant for breaking the law.
If found guilty, they may be incarcerated and have to pay fines. However, the burden of proof is higher, as the prosecution must prove the defendant’s guilt by proof beyond a reasonable doubt. Therefore, securing a criminal conviction is harder, so the prosecution may wind up dismissing charges.
A civil case focuses on providing compensation to the accident victim. This compensation can help you get your life back on track after a drunk driver has thrown it off course. The burden of proof is by the preponderance of the evidence, meaning that it is more likely than not true that the defendant caused your injuries. An experienced lawyer from our firm can explain if you have grounds to file a civil claim against the drunk driver or other responsible party.
How Can a DUI Accident Lawyer Help Me?
An experienced DUI accident lawyer can help you by:
- Explaining your legal rights and how Colorado law applies to your case
- Seeking accountability from at-fault parties for their negligent behavior
- Handling communication with insurance companies and other parties
- Requesting your medical records and other proof of your damages
- Negotiating for fair compensation on your behalf
Begin the path to financial recovery by contacting an experienced Boulder drunk driving accident attorney today.
What Compensation Can I Recover in a Drunk Driving Accident Claim?
Under Colorado law, you may be able to recover compensation for various types of losses you suffer, including:
Economic Damages
Economic damages provide compensation for accident victims’ financial losses they suffered because of the accident, including:
- Past, current, and future medical expenses, including for hospital stays, emergency room visits, ambulance rides, specialist expenses, diagnostic testing, and rehabilitation expenses
- Past, present, and future lost earnings
- Funeral costs and burial expenses in wrongful death cases
- Property damage
- Essential services
Receipts and reports from economic or medical experts can help establish the value of these economic losses.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses that are not as easy to quantify. Non-economic damages may include:
- Physical pain and suffering
- Emotional distress
- Grief
- Anxiety
- Depression
- PTSD
- Frustration
- Loss of enjoyment of life
- Loss of consortium in wrongful death cases
Colorado imposes various caps on non-economic damages, including $500,000 for pain and suffering, $500,000 for wrongful death pain and suffering, and $150,000 per person injured at a bar or tavern under a dram shop liability claim.
An experienced personal injury attorney in Boulder can help identify all of your damages and their value.
Physical Impairment Damages
Physical impairments are categorized differently from economic and non-economic damages under Colorado law. There are no caps on these damages like there are for non-economic damages.
These damages acknowledge the long-term effects of a physical impairment on a victim’s life. They may include compensation resulting from:
- Neurological damage
- Disruption of internal organs
- Cosmetic disfigurements
- Pain and suffering due to a permanent impairment
- Other long-term impairments and disabilities
An experienced personal injury lawyer can work with medical and economic experts to assess the long-term impact of your impairments on your life.
Punitive Damages
While all of the damages described above are intended to compensate the drunk driving accident victim, punitive damages are different. These damages are intended to punish the defendant and deter similar conduct in the future. They are reserved for rare cases where the court wants to send a message, such as those involving intentional or egregious behavior. Drunk driving cases can qualify.
Colorado law caps punitive damages at the same amount as economic damages or three times economic damages in extreme cases.
What Should I Do After a Drunk Driving Crash?
The steps you take after a crash can directly impact the outcome of your case. Here are some things you should do immediately after a drunk driving crash:
- Report the crash to the police even if the at-fault driver asks you not to.
- Report your suspicions of drunk driving to the responding officer.
- Write down the other driver’s license plate number and a description of their vehicle if the driver fled the scene.
- Cooperate with law enforcement in the criminal investigation.
- Document your damages.
- Seek medical attention and keep your medical records.
- Contact an experienced Boulder wrongful death attorney if a loved one’s injuries were fatal.
Call an Experienced Boulder Drunk Driving Accident Lawyer
If you would like to learn more about your legal options following a drunk driving accident, contact Daniels & Scriven, P.C. today. We can explain your legal rights, identify various pathways for financial recovery, and help you determine how to proceed with your case.
Call (720) 863-6006 for a free consultation.