If you have been injured in a car accident caused by a drunk driver, you may have the right to seek compensation for your losses from the drunk driver. However, there may be others who share in responsibility for the accident, including those who served alcohol to the drunk driver. Colorado’s dram shop and social host liability laws may allow you to seek full and fair compensation for your injuries.
Colorado’s Dram Shop Law
Colorado’s dram shop law (§ 44-3-801) allows you to file a legal claim against a bar, restaurant, liquor store, convenience store, or other seller of alcohol when it sells alcohol to someone who is visibly intoxicated or to someone under the age of 21, who causes a car crash. This is a separate civil action from any criminal charges filed against the alcohol furnisher.
Colorado’s Social Host Liability Law
A similar law, the social host liability law, allows drunk driving victims to seek compensation from private individuals when they serve alcohol to a person under the age of 21 who causes a drunk driving crash.
The dram shop and social host liability laws help victims pursue a drunk driving accident claim to recover from the full extent of their injuries. Drunk driving crashes often cause serious injuries as drunk drivers may not realize the speed they are driving, don’t brake at the point of impact, or may flee the scene.
They may only have minimum liability insurance, which may be insufficient to pay for the full extent of victims’ injuries. The dram shop and social host liability laws open up additional pathways for financial compensation.
Financial Compensation You Can Recover in a Dram Shop Liability Claim
You could seek compensation for the various economic and non-economic damages you sustained due to the accident, including for:
- Medical expenses, including hospital stays, emergency treatment, ambulance rides, surgeries, long-term care, rehabilitation, and therapy
- Future anticipated medical expenses
- Lost wages and reduced earning capacity
- Costs to repair or replace your damaged vehicle
- Pain and suffering
- Discomfort and inconvenience
- Permanent disabilities and impairments
- Reduced quality of life
An experienced drunk driving accident lawyer can review your accident case and
How to Prove a Dram Shop Liability Case
You must be able to show the furnisher of alcohol knew or should have known the customer was under the age of 21 or was visibly intoxicated. Evidence of this may include:
- Video surveillance footage showing the drunk driver’s bloodshot eyes, slurred speech, or stumbling
- Witness statements regarding obnoxious behavior
- Receipts showing many alcohol purchases
- Toxicology reports and medical records
Deadline to File a Dram Shop Liability Claim
In most cases, you can file a personal injury lawsuit within two years of the accident. However, Colorado’s dram shop liability law requires you to file your legal claim within one year. You need to contact an experienced lawyer who can safeguard your rights.
Contact an Experienced Drunk Driving Accident Lawyer for a Free Consultation
If a drunk driver injured you in Colorado and you would like to know whether you can hold an alcohol furnisher or social host liable for your injuries, contact Dulin McQuinn Young for a free case review.