Holiday DUI Accidents in Colorado – What Victims Should Know

The holiday season is one of the most dangerous times of year to be on Colorado’s roads. Data from the Colorado Department of Transportation (CDOT) shows that Thanksgiving, Christmas, and New Year’s consistently bring an increase in alcohol-related crashes, with dozens of lives lost each December on highways in Denver, Colorado Springs, and across the Front Range. Families celebrating together are too often devastated by fatal DWI car accidents, leaving victims with medical expenses, lost income, and life-changing injuries.

Our car accident attorneys at Boesen Law represent individuals and families harmed in DUI and DWI accidents throughout Colorado. Today, we explain how insurance works in these cases, what evidence matters most, and why civil claims are critical to ensure victims recover financially – even when the criminal courts impose penalties on the driver.

Holiday DUI and DWI Accidents – Why Victims Face Added Risks

According to the National Highway Traffic Safety Administration, nearly one-third of traffic fatalities in December involve alcohol impairment, and Colorado consistently records spikes in DUI arrests and deaths during this period. For victims, this means holiday traffic is statistically more dangerous.

We see these patterns reflected in catastrophic cases: highway rollovers after holiday parties, pedestrians struck by intoxicated drivers leaving bars, and families hit head-on during late-night returns from seasonal events.

For answers to your questions, call:
(303) 999-9999

Insurance Questions After a DUI or DWI Crash

When alcohol is involved, one of the first questions victims ask is whether insurance will actually pay. The answer is yes, but insurance companies rarely make it easy.

Will Insurance Pay After a DUI or DWI Accident?

In Colorado, the driver’s liability insurance typically covers victims of drunk driving, even when the crash involved illegal impairment. This means that if your car was totaled or if you suffered serious injuries, the insurer is responsible for damages.

• Victims searching “will car insurance pay for a car totaled in a DUI accident?” should know the answer is generally yes – property damage claims are covered.
• Similarly, “will insurance pay for accidents involving DWI?” — again, yes, because insurance follows the vehicle and driver’s liability, not whether they committed a crime.

What victims often discover, however, is that carriers delay or dispute payments when impairment is involved, sometimes arguing that responsibility must first be determined in the criminal case. That is incorrect, and legal action may be required to force payment.

Why Victims Still Need Legal Help with Insurance

Even when liability is clear, insurers frequently undervalue the long-term costs of a brain injury, spinal trauma, or permanent disability. Victims of drunk driving deserve full recovery – not just ER bills. Our work as drunk driving accident lawyers focuses on forcing insurers to account for rehabilitation, vocational losses, and the profound personal harm that follows holiday DUI crashes.

Evidence in DUI/DWI Injury Cases

Evidence is especially powerful in drunk driving cases, because it speaks not just to negligence but to recklessness. Victims often benefit when hospital or law enforcement testing confirms intoxication. These tests serve multiple purposes:

• Blood Alcohol Content (BAC) results above the legal limit of 0.08% create a presumption of impairment
• Field sobriety test footage shows physical impairment that jurors can understand
• Breathalyzer readings document the level of intoxication at the scene
• Witness statements from bartenders, party hosts, or other motorists can establish a pattern of visibly impaired behavior

Can Hospital Tests Be Used Against the Driver?

Yes. Blood or urine samples taken in the emergency room can be admitted into evidence in criminal cases, and they also strengthen civil claims. For victims, this proof is critical. When a toxicology report shows alcohol or drugs in the driver’s system, it reduces disputes over liability and increases the likelihood of punitive damages in civil court.

How Long After an Accident Can DUI Charges Be Filed?

Victims often ask, “how long after an accident can you get a DUI?” Under Colorado law, charges can still be filed days or even weeks later if toxicology evidence or witness testimony supports intoxication. Importantly, the timeline for criminal prosecution is separate from civil claims. Even if charges are delayed, victims maintain the right to pursue compensation immediately.

Compensation for Victims of Holiday DUI Crashes

Victims of holiday DUI and DWI accidents can seek compensation far beyond hospital bills.

Beyond Medical Bills

Recoverable damages may include:

• Lost wages and reduced earning capacity
• Long-term rehabilitation or therapy
• Pain and suffering
• Loss of enjoyment of life
• In wrongful death cases, funeral expenses and loss of financial support

Our attorneys often link these claims to broader civil remedies, similar to those pursued in Colorado hit-and-run injury cases.

DUI Accidents Often Lead to Higher Awards

Courts and juries in Colorado treat drunk driving differently than ordinary negligence. Because DUI crashes involve reckless disregard for safety, victims may be entitled to punitive damages. These awards punish the driver and increase overall recovery for the victim, but they require careful legal argument supported by toxicology evidence and crash reconstruction.

Protect Your Rights After a Holiday DUI Accident

Victims of drunk driving crashes cannot wait to act. Evidence must be preserved, insurers must be pressured, and deadlines under Colorado law must be met. Even a delay of weeks can weaken the connection between the crash and the injuries in the eyes of the insurance company.

If you or a loved one was harmed in a holiday DUI or DWI accident, schedule a free consultation to discuss your rights. Boesen Law will fight to hold the drunk driver accountable and secure the compensation you need for recovery.

FAQs: Holiday DUI Accidents in Colorado

How common are DUI and DWI accidents during the holidays in Colorado?

Data from the Colorado Department of Transportation shows that alcohol-related crashes increase significantly during Thanksgiving, Christmas, and New Year’s. In December alone, dozens of fatal DUI and DWI accidents occur across Denver, Colorado Springs, and other high-traffic corridors.

Will car insurance pay if my vehicle is totaled in a DUI accident?

Yes. Liability insurance generally pays for property damage and injuries caused by a drunk driver, including when a car is totaled. Victims often face delays or disputes, but the law requires insurers to cover these losses.

Can blood or urine tests from a hospital be used in my case?

Yes. Toxicology results collected by law enforcement or hospital staff can be admitted as evidence in both criminal and civil cases. For victims, these records provide strong proof of impairment and can increase the likelihood of punitive damages.

How long after an accident can DUI charges be filed in Colorado?

Charges may be filed days or even weeks later if toxicology or other evidence supports intoxication. This criminal timeline is separate from the victim’s civil claim – you can pursue compensation immediately regardless of when charges are brought.

Will the drunk driver go to jail if I was injured?

In many cases, yes. Colorado law requires mandatory jail or prison time for drivers convicted of DUI involving injury or death. However, this criminal punishment does not pay victims’ medical bills or lost wages. Only a civil claim ensures full compensation.

Why are DUI accident claims often worth more than other car accident cases?

Because they involve reckless conduct, Colorado juries and courts often award higher damages in DUI-related crashes. This includes compensation for pain and suffering as well as punitive damages designed to punish dangerous behavior.

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