How to File a Lawsuit Against a Drunk Driver in Colorado

Drunk driving accidents are devastating not only for the physical injuries they cause but also for the emotional and financial toll they take on victims. According to the Colorado Department of Transportation, impaired driving remains one of the leading causes of traffic deaths and serious injuries across the state. If you’ve been involved in a DUI-related accident, you have legal avenues to pursue justice and compensation—but the process can be complex.

This guide will walk you through everything you need to know—from your rights as a victim and the evidence you’ll need to gather, to filing deadlines and understanding the types of compensation you may be entitled to. 

What Are Your Legal Rights After a Drunk Driving Accident in Colorado?

Colorado law grants drunk driving accident victims several rights, including:

• Right to compensation: You can pursue compensation for medical expenses, lost wages, pain and suffering, etc., through a personal injury lawsuit or an insurance claim.
• Punitive damages: If the drunk driver’s actions were reckless, you may be eligible for punitive damages to punish the offender and deter future misconduct.
• Right to sue in civil court: Even if the drunk driver faces criminal charges, victims can file a civil lawsuit independently. A DUI conviction strengthens the case but isn’t required for pursuing compensation​.
• Third-party liability: Under Colorado law, alcohol vendors or social hosts can be accountable if they provide alcohol to a visibly intoxicated person or minor and contribute to an accident​.
• Access to legal support: Victims have the right to engage legal representation to negotiate with insurers, collect evidence, and pursue litigation if necessary.

Working with an experienced drunk driver accident lawyer in Colorado can significantly enhance your chances of securing fair compensation. At Boesen Law, we manage the entire claims process, from collecting evidence to negotiating with insurers, ensuring every aspect of the case is handled strategically to secure maximum compensation.

Types of Damages Can You Claim in a Drunk Driving Lawsuit

Depending on the specifics of your accident, there are several types of damages you may be eligible to claim. These damages not only cover the financial burden of your recovery but also address the emotional and psychological toll the accident has taken, and often include:

• Medical expenses: Includes hospital stays, surgeries, medication, rehabilitation, and future treatments such as physical therapy or necessary medical equipment, depending on the severity of your injuries.
• Lost wages: Compensates for missed workdays, reduced income during recovery, and future earning potential lost due to disability or career disruptions resulting from the accident.
• Pain and suffering: Addresses physical pain, emotional distress, PTSD, and diminished quality of life, such as lost enjoyment of activities or personal relationships affected by the trauma of the accident.
• Punitive damages: Awarded to punish grossly negligent behavior and discourage future misconduct (through additional financial penalties beyond compensatory damages).

Seeking full compensation requires a detailed understanding of how these damages are calculated and the ability to present clear evidence demonstrating the scope of your losses.

Colorado’s Dram Shop Laws and Third-Party Liability

In some cases, third parties—such as bars or restaurants—can be held liable for serving alcohol to visibly intoxicated individuals who later cause accidents. Colorado’s Dram Shop laws allow victims to pursue damages from these establishments when applicable.

Additionally, Colorado’s comparative fault laws under C.R.S. § 13-21-111 allow multiple parties to share liability for an accident. You can pursue compensation even if you’re partially at fault (as long as it’s less than 50%), but your award will be reduced accordingly.

Steps to File a Lawsuit Against a Drunk Driver in Colorado

Taking prompt action after a drunk driving accident is essential to building a strong case. Here are the key steps you should follow:

Step 1: Seek Medical Attention and Document Your Injuries

After a drunk driving accident, getting medical help immediately is crucial. Even if your injuries seem minor at first, some conditions don’t show symptoms until weeks later.

Additionally, medical records play a crucial role in proving your injuries and their severity. Make sure to keep all documentation related to your treatment and future care needs to use as evidence later on.

Step 2: Gather Evidence and Contact Law Enforcement

Gather evidence from the accident scene—such as photos, videos, notes, and witness statements—to build a strong, evidence-backed case that clearly links the at-fault driver’s negligence with your injuries.

On the other hand, Colorado law requires you to call the police after a car accident. Keep a copy of the official report to use as evidence, and remember that a DUI conviction can further support your claim.

Step 3: File a Claim with Your Insurance and the Drunk Driver’s Insurance

After an accident involving a drunk driver, promptly notify both your insurance company and the at-fault driver’s insurer. Both companies will investigate the claim, but initial settlement offers often aim to minimize payouts, covering only a fraction of the actual damages. 

In such cases, an experienced attorney can negotiate with insurers to seek fair compensation. If the offered amount continues to be insufficient, it may become necessary to file a personal injury lawsuit to recover the full extent of your losses. 

Step 4: Consult an Experienced Drunk Driving Accident Lawyer at Boesen Law

At Boesen Law, our car accident lawyers will manage every aspect of your case, from filing the lawsuit and gathering evidence to negotiating settlements and representing you in court if needed. 

With us by your side, you can rest assured of having an expert legal team who’ll protect your rights, ensure no deadlines are missed, and strive for maximum compensation. 

How Long Do You Have to File a Drunk Driving Lawsuit in Colorado?

According to C.R.S. § 13-80-101, victims of cases involving motor vehicles generally have three years from the accident date to file a personal injury lawsuit.

There are some exceptions to this deadline, depending on your specific circumstances. Failing to file your claim within the statute of limitations applicable to your case means losing your right to compensation altogether.

That’s why it’s crucial to consult with a lawyer as soon as possible after the accident. At Boesen Law, we can explain the time limits applicable to your case and ensure you don’t miss critical deadlines.

Proving Fault in a Drunk Driving Lawsuit

In a drunk driving case, the burden of proof lies with the victim to establish that the driver was at fault and caused the accident. This typically involves showing that the driver’s intoxication impaired their ability to operate the vehicle safely, leading to negligence. 

Using BAC and DUI Convictions as Evidence

BAC test results and DUI convictions are strong indicators of negligence. A high BAC level, especially above the legal limit of 0.08%, helps establish liability. Even without a DUI conviction, other evidence—such as police reports, witness statements, and video footage—can demonstrate the driver’s impaired state. 

Our attorneys gather and organize this evidence to build a robust case, ensuring all legal standards are met. Effective legal representation improves your chances of securing compensation and can hold both the driver and any third parties accountable.

What to Expect from a Drunk Driving Accident Settlement

Most drunk driving cases are resolved through settlements rather than trials. However, it’s difficult to predict an exact settlement amount because compensation depends on several factors, including the severity of injuries, the driver’s level of negligence, medical expenses, lost wages, and whether punitive damages are awarded.

During a free consultation, we can assess your case and compare it to case results we’ve achieved in the past to provide you with an estimate based on real outcomes. You’ll walk away knowing what to expect from your settlement and what your claim could be worth.

Contact a Drunk Driving Accident Lawyer in Colorado Today

With decades of experience and hundreds of millions recovered for clients, our expertise makes the difference. Contact us today to discuss your case with an experienced drunk driver accident attorney. We’re available 24/7 to assist our clients.