If you have been injured in a car accident caused by an intoxicated driver in Colorado Springs, you have rights. You may be entitled to recover financial compensation for your medical bills, lost income, and mental anguish. According to the National Highway Traffic Safety Administration (NHTSA), about 32 people in the United States die in drunk-driving crashes every day.
If you have been injured or lost a loved one in a crash caused by an intoxicated driver, you should speak with an experienced Colorado Springs drunk driving accident attorney immediately. Dulin McQuinn Young can help you understand your rights and pursue compensation for your injuries.
- Dulin McQuinn Young is a team of Colorado Springs personal injury lawyers with over 20 years of experience. Our proven track record of success in the courtroom and record trial recoveries sets us apart from other firms.
- Our firm was built by trial lawyers who embody the will to win.
- We believe there is no greater honor than fighting for our client’s rights.
At Dulin McQuinn Young, we believe that everyone deserves justice and we work tirelessly to get the best possible outcome in your case. You deserve to recover the most possible financial compensation for the damages you suffer from a drunk driving accident.
Let the Colorado Springs drunk driving accident lawyers at Dulin McQuinn Young fight to get you compensation while you focus on your recovery. Call (303) 246-1111 today to schedule your free consultation.
What Constitutes Driving Under the Influence in Colorado Springs?
Under Colorado state code § 42-4-1301, any person who drives a vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs commits driving under the influence (DUI). DUI is a criminal offense and can either be a misdemeanor or a felony depending on the number of prior DUI convictions a person has.
The consumption of drugs or alcohol can substantially affect a person’s ability to safely operate their vehicle. All road users have a duty to take due care to avoid causing reasonably foreseeable harm to others. Driving while intoxicated, incapacitated, or under the influence, is a breach of that duty, and drivers who breach their duty can be held legally liable for the injuries that they cause to others.
Who Is Legally Responsible for a Drunk Driving Accident?
The first party you will likely turn to for compensation following a drunk driving crash is the drunk driver. However, Colorado’s dram shop law may open additional doors for financial recovery following a drunk driving crash. Under this law, an alcohol vendor can be held civilly liable for damages if they knowingly sold or served alcohol to a person who was visibly intoxicated or under the age of 21. Social hosts can be held liable if they furnished alcohol to a driver under 21 or provided a place where they could drink alcohol.
These legal claims have special damage limits and filing deadlines. You must file a claim within one year of the date the party provided alcohol to the drunk driver.
Getting Compensation for Your Colorado Springs DUI Accident Injury
While the person who caused your drunk driving accident injury in Colorado Springs may be facing criminal charges, you are still entitled to pursue a civil claim to get compensation for your injuries. Under Colorado state law, the statute of limitation for claims arising out of the use or operation of a motor vehicle is three years. You will have three years from the date of the accident that caused your injury to file a claim against the insurance company or any other legally liable party.
It is important to employ the services of a qualified Colorado Springs drunk driving accident attorney to assist you through the claims process. Your lawyer will conduct an investigation and work to hold every legally liable party accountable for their actions. They will work to see that your damages including medical expenses, lost wages, and emotional anguish are properly valued and accounted for in your claim.
At Dulin McQuinn Young, our Colorado Springs car accident lawyers will tirelessly fight to get you the financial compensation you need to get your life back on track.
How to Prove Liability in a Drunk Driving Case
Even if you suspect the at-fault driver was drunk or on drugs, it may be difficult to prove this. It’s essential that you report the accident and your suspicions to law enforcement so a criminal investigation can occur. Law enforcement may be able to conduct breath or alcohol tests to prove intoxication, gather evidence to help establish intoxication, and begin the process of pursuing a criminal case that could aid in your civil case.
Your attorney can help gather relevant evidence to help establish your case against the drunk driver, such as:
- Police reports that show the driver was charged with DUI
- Accident scene photos and videos
- Damage to all involved vehicles that indicates the other driver was impaired
- BAC test results that show the driver’s level of intoxication
- Your testimony regarding the driver’s slurred speech, imbalance, or other signs of intoxication they exhibited immediately following the crash
- Video footage of the accident from surveillance cameras, traffic cameras, or dash cams
Our drunk driving accident lawyers can cooperate with law enforcement during the criminal process. A conviction may aid your case. Additionally, evidence presented in the criminal case may be relevant and used to support your drunk driving accident case.
If you have a dram shop case, our lawyers can issue subpoenas to obtain surveillance footage, interview witnesses, and request business records to show the establishment continued to serve the driver after they were intoxicated.
Why Should I Pursue a Civil Claim If There Is Already a Criminal Case?
Prosecutors file charges against defendants in criminal cases who are suspected of violating the law. This is to punish them for harming society and to deter similar conduct in the future. The point of a criminal case is not necessarily to make things right for the victim. At the end of a criminal trial, the defendant may be found guilty or not guilty. If found guilty, they may be sent to jail, have to pay fines, and face other criminal consequences. None of these consequences directly benefit you.
In a civil case, the emphasis is on making you whole again after someone injured you. Through a civil claim, you may be able to recover compensation for your medical expenses, lost wages, pain, suffering, and other damages. Your ability to recover compensation is not dependent on the outcome of the underlying criminal case. Because criminal cases require proof beyond a reasonable doubt, it’s harder to secure a criminal conviction than it is to win a civil case, which requires a much lower burden of proof of by the preponderance of the evidence.
How Criminal DUI Charges Can Affect Your Civil Claim
While the outcome of your civil case does not depend on the conclusion of the criminal case, a criminal case could still benefit you. When law enforcement and prosecutors are involved, it’s possible that they developed evidence to prove the driver was intoxicated at the time of the accident. Your lawyer can use this evidence to prove your civil claim. If there is a conviction against the defendant, this can be used against them in your civil case. A conviction can also prevent the insurance company or defendant from arguing that the driver was not drunk.
How Our Colorado Springs Drunk Driving Accident Attorney Can Help Build Your Legal Claim
An experienced personal injury lawyer can review the circumstances to determine whether you have a viable claim against the drunk driver, alcohol furnisher, and/or other party. They can gather evidence to prove the driver was intoxicated at the time of the accident. This may include reviewing statements from the driver, their passengers, witnesses, and others. Our investigation may include interviewing people familiar with the driver and their habits.
If our investigation reveals that the driver who hit you visited a bar, club, or other establishment that furnished alcohol, we can interview workers and patrons there. There may be video surveillance of the defendant stumbling, falling down, or acting aggressively. We can issue spoliation of evidence letters to the establishment so this critical footage is not erased.
Once we have gathered sufficient information, we can file a personal injury claim on your behalf, demanding full and fair compensation. We compile information about how the crash affected you, including medical bills for emergency medical treatment, follow-up care, in-home healthcare, and physical therapy.
We also gather information regarding your lost income, which may come through check stubs, tax returns, or wage loss statements. If you cannot resume working due to your injuries, we can work with economic and vocational experts who can estimate the long-term reduction in your earning capacity.
Our damage assessment also considers your physical pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.
We use this information to prepare a strong demand letter and negotiate for maximum compensation. If the insurance company refuses to make a fair settlement offer, we can file a lawsuit to seek compensation through court. In a lawsuit, we can demand payment of punitive damages due to the defendant’s egregious misconduct. Drunk driving cases are one of the few rare instances when such damages are awarded to punish the defendant for outrageous conduct.
Contact the Colorado Springs Drunk Driving Accident Lawyers at Dulin McQuinn Young For a Free Consultation
If you suffered a catastrophic injury or lost a loved one to a DUI accident, our Colorado Springs drunk driving accident attorneys are waiting to hear from you. We understand that every case is unique and work with every client to develop tailored solutions in their case. Contact us today at (303) 246-1111 today to schedule your free consultation and case review.