Colorado Springs Drunk Driving Accident Lawyer

When a drunk driver is arrested, the state brings criminal charges, but that case is about punishment, not paying your bills. A criminal conviction can help prove fault, yet even without one you have a separate civil claim for your injuries and losses. The Law Giant handles that civil claim so you recover what the criminal case cannot provide.

The impaired driver is the primary target of any claim, but they are not always the only one responsible. Under Colorado’s dram shop law (C.R.S. 44-3-801), a bar, restaurant, or other licensed vendor can be liable if it willfully served alcohol to someone who was visibly intoxicated or under 21. Identifying every responsible party can open additional insurance coverage for your recovery.

Drunk driving is often treated as willful and wanton conduct, which can support exemplary (punitive) damages under C.R.S. 13-21-102. These damages punish the drunk driver and deter others, and Colorado allows them up to the amount of your actual damages, and in some cases more. They must be proven by clear and convincing evidence, and pursuing them is one reason to have an experienced firm on your side.

Proving impairment takes more than the fact that police made an arrest. The Law Giant gathers the crash and arrest reports, the results of any breath or blood testing, field sobriety observations, dashcam and bodycam footage, and receipts or witness accounts from any bar or restaurant that served the driver. Together this evidence establishes not only that the driver was drunk but that their impairment caused your injuries, which is what supports both your compensation and a claim for punitive damages.

What you do in the hours and days after a crash can protect both your health and your right to compensation. If you are able, take these steps:

• Call 911 so there is an official police report
• Get medical attention right away, even if you feel fine
• Photograph the vehicles, the scene, road conditions, and your injuries
• Get the names and contact information of any witnesses
• Exchange insurance and contact information with the other driver
• Decline to give the other driver’s insurer a recorded statement
• Keep every bill, receipt, and record related to the crash
• Call The Law Giant before you accept any settlement offer

Some serious injuries, including concussions and internal injuries, do not show symptoms right away, so prompt medical care protects both your recovery and the record that ties your injuries to the crash.

A strong claim rests on evidence, and the best evidence disappears quickly. From the first call, we obtain the crash report, return to the scene, request traffic and business surveillance footage, preserve vehicle data, and track down witnesses before memories fade. In serious cases we work with accident reconstruction and medical experts to show exactly how the crash happened and how it has affected your life. We then present the insurance company with a documented demand and negotiate hard, and if the insurer will not be fair, we are ready to take your case to an El Paso County jury.

After a crash, the other driver’s insurer is not on your side. Its adjusters are trained to limit payouts, and they often move fast, calling within days to request a recorded statement, a broad medical release, or a quick settlement before the full extent of your injuries is known. Anything you say can be used to reduce your claim. Letting The Law Giant handle these conversations protects you from the common traps and keeps the focus on the real value of your case.

The Statute of Limitations: Three Years

Because this is a motor vehicle accident, Colorado generally gives you three years from the date of the crash to file a personal injury lawsuit (C.R.S. 13-80-101(1)(n)). Evidence fades quickly, so it is best to act well before the deadline.

Colorado’s 50 Percent Comparative Fault Rule

Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover as long as you are less than 50 percent at fault, with your award reduced by your share of the blame. At 50 percent or more, you recover nothing, so fighting a blame-shifting insurer matters.

Crashes caused by impaired drivers are often more severe than ordinary collisions. A drunk driver reacts slowly or not at all, so these wrecks tend to happen at higher speeds and with no braking, which means greater force and more catastrophic injuries. Victims and their families also carry a particular kind of anger, because the crash was entirely preventable and the result of someone’s reckless choice.

That reality shapes how we handle these cases. We pursue the full value of your medical care, lost income, and pain and suffering, and where the evidence supports it, we seek exemplary damages that hold the drunk driver accountable in a way ordinary compensation cannot. Along the way, we keep you informed and handle the pressure of the insurance company so you can focus on healing.

You may be entitled to recover:

• Medical bills and future care
• Lost wages and reduced earning capacity
• Property damage
• Pain, suffering, and emotional distress
• Exemplary (punitive) damages where the evidence supports them

The Law Giant has recovered more than $850 million for injury victims, and we bring that experience and trial strength to every case. We work on contingency, so you pay nothing unless we win, and insurers make better offers when they know a firm is ready to go to trial.

This is one of the car accident cases we handle in Colorado Springs. For our full overview, visit our main Colorado Springs car accident lawyer page, or read about distracted driving crashes, fatal accident crashes, and head-on collision crashes.