At Boesen Law, our team of Denver personal injury lawyers understands the anger and frustration that follow a crash caused by an impaired driver. Drunk driving collisions are entirely preventable. When an individual makes the reckless choice to drink and drive along Interstate 25, Federal Boulevard, or through downtown Denver, they put everyone on the road in serious danger. If you suffered harm or lost a family member in a crash, securing representation from a qualified Denver car accident lawyer is the most effective step toward holding the offender accountable.
Our experience as a dedicated dui accident law firm allows us to stand up to aggressive insurance adjusters and fight for the full financial compensation you require. We build robust claims that reflect the physical, financial, and emotional impact of your injuries. From covering immediate hospital bills at Denver Health Medical Center to securing long-term rehabilitation costs, Boesen Law handles every legal detail so you can focus on healing.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
The Legal Difference Between Criminal DUI Charges and Civil Claims
Many crash victims assume that a drunk driver’s arrest automatically covers their medical bills and lost wages. In reality, criminal proceedings and civil personal injury claims serve entirely different legal purposes in Colorado.
The criminal justice system focuses on punishing the offender. Local prosecutors file criminal charges to enforce state traffic statutes, resulting in penalties such as driver’s license revocation, fines, probation, or jail time. While a criminal conviction provides official proof of intoxication, the criminal court rarely awards full restitution to cover your long-term medical care or pain and suffering.
A civil personal injury lawsuit is your personal legal remedy. Working with a skilled dui victim attorney gives you an advocate whose sole objective is securing direct financial recovery for your damages. Civil claims proceed independently of criminal trials. In fact, the standard of proof in a civil lawsuit is a “preponderance of the evidence,” which is lower than the criminal standard of “beyond a reasonable doubt.” Even if a driver avoids a criminal conviction through a technicality, you can still win a civil recovery against them.
Colorado Alcohol Liability Laws and Statutory Frameworks
Establishing liability in an impaired driving case involves specific state laws designed to protect public safety and hold negligent parties responsible. According to data from the Colorado Department of Transportation, alcohol-related crashes remain a primary cause of severe traffic fatalities across the state. Several key Colorado statutes govern these civil cases.
1. Negligence Per Se (C.R.S. § 42-4-1301)
Under Colorado law, driving under the influence (DUI) with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or driving while ability impaired (DWAI) with a BAC above 0.05%, violates state safety statutes. Under the legal doctrine of negligence per se, breaking a safety law automatically establishes that the driver acted negligently. Once law enforcement confirms impairment through chemical blood or breath tests, liability becomes clear.
2. Exemplary and Punitive Damages (C.R.S. § 13-21-102)
Standard personal injury claims award compensatory damages for actual financial and physical losses. However, drunk driving cases often warrant extra financial penalties. Under Colorado Revised Statutes § 13-21-102, courts can award exemplary or punitive damages when a defendant acts with willful and wanton conduct. Intentionally driving while severely impaired meets this standard. Learning more about punitive damages in Colorado DUI crashes can help you understand how courts use these awards to punish reckless behavior and deter future offenders.
3. Colorado Dram Shop Act (C.R.S. § 44-3-801)
The driver might not be the only party responsible for your injuries. Colorado’s Dram Shop Act allows victims to sue bars, taverns, restaurants, and venues that overserved the driver. To hold a commercial establishment liable, we must prove that the business knowingly served alcohol to an visibly intoxicated person or a minor under 21 years of age. Identifying overserving establishments adds an additional insurance policy to cover severe, costly injuries.
4. Comparative Fault Rules (C.R.S. § 13-21-111)
Insurance companies frequently attempt to reduce payouts by claiming the victim contributed to the crash. Understanding Colorado’s modified comparative fault system is crucial in these scenarios. You can recover compensation as long as your share of fault remains under 50%, though your total compensation decreases by your fault percentage. A seasoned drunk driver vehicle injury attorney counters these defense tactics with clear evidence to keep fault entirely where it belongs.
Building a Robust Civil Claim Against an Impaired Driver
Insurance companies evaluate claims based on objective evidence. At Boesen Law, our team operates as a premier drunk driving car crash law firm dedicated to gathering indisputable proof immediately after a collision. Evidence in drunk driving cases can vanish quickly, making swift legal action necessary.
Our investigative process includes:
- Obtaining police body camera footage, dashcam recordings, and field sobriety test results from the Denver Police Department or Colorado State Patrol.
- Securing formal blood alcohol concentration lab results and breathalyzer logs.
- Subpoenaing bar receipts, credit card statements, and video surveillance from establishments the driver visited before the crash.
- Interviewing eyewitnesses who observed the driver’s erratic behavior prior to impact.
- Assisting with filing an official accident report to ensure all facts are documented correctly on state records.
- Consulting accident reconstruction experts and toxicologists to map out the crash dynamics and establish precise levels of driver impairment.
By conducting a comprehensive investigation, our drunk driving car injury law firm builds an unassailable claim that forces insurance providers to offer fair settlement terms or face us in court.
Catastrophic Injuries Caused by High-Speed DUI Collisions
Impaired drivers lose critical motor skills, spatial awareness, and reaction times. Consequently, they rarely brake before an impact, leading to severe, high-velocity collisions on Denver roadways. Victims often suffer life-altering harm that demands millions of dollars in lifelong medical care.
Our firm represents victims suffering from all forms of severe harm, including:
- Traumatic Brain Injury: High-impact crashes frequently cause severe head trauma. We assist clients filing claims for traumatic brain injuries, securing funds for long-term cognitive therapy and specialized care.
- Spinal Cord Injuries and Paralysis: Damage to the spinal column can cause permanent loss of mobility and sensation, requiring costly home modifications and round-the-clock medical assistance.
- Complex Fractures and Amputations: Broken bones caused by crushed metal often demand multiple corrective surgeries, steel pin insertions, and lengthy physical therapy.
- Burn Injuries and Internal Damage: High-speed impacts can ignite fuel lines or crush internal organs, leading to permanent disfigurement and emergency surgeries.
- Fatal Crashes: When an impaired driver causes a fatal collision, we help surviving family members pursue a Denver wrongful death lawsuit to recover funeral costs, lost financial support, and emotional solace.
When dealing with life-changing trauma, consulting a skilled drunk driving car injury attorney ensures your claim accounts for future medical costs, lost earning potential, and long-term care needs.
Full Compensation Available to Drunk Driving Crash Victims
A sudden accident creates overwhelming financial stress. National statistics from the National Highway Traffic Safety Administration highlight the severe financial and human costs of impaired driving crashes nationwide. At Boesen Law, we pursue every dollar you are owed under Colorado law.
Your financial recovery may include:
Economic Damages:
- All past, present, and future medical expenses related to the crash.
- Emergency room fees, surgical costs, prescription drugs, and medical equipment.
- Lost wages and income missed during your physical recovery.
- Loss of future earning capacity if your injuries cause permanent disability.
- Vehicle repair or total replacement value.
Non-Economic Damages:
- Physical pain and physical suffering.
- Emotional distress, post-traumatic stress disorder, and anxiety.
- Loss of enjoyment of life and inability to engage in daily hobbies.
- Permanent scarring, physical impairment, or disfigurement.
Working with an experienced drunk driving car injury lawyer allows you to calculate the full lifetime value of your claim, preventing you from accepting a low settlement offer from an insurance company.
Immediate Steps to Take After an Impaired Driver Crashes Into You
The actions you take immediately following a collision in Denver can protect your physical safety and safeguard your legal rights.
- Call 911 immediately: Request police and emergency medical services. Explicitly tell the dispatcher if you suspect the other driver is intoxicated due to slurred speech, alcohol odors, or erratic behavior.
- Get medical attention: Let paramedics evaluate you at the scene. Go directly to an emergency room or urgent care clinic even if you feel fine. Adrenaline hides major injuries.
- Observe and document: Take photographs of all damaged vehicles, license plates, visible injuries, and overall street conditions. Note whether the driver tries to discard beer cans, bottles, or drug paraphernalia.
- Gather witness details: Collect names, phone numbers, and contact information from bystanders who saw the crash occur.
- Avoid speaking to the driver’s insurance adjuster: Insurance adjusters represent the driver, not you. They seek recorded statements to minimize their financial liability. Relying on a dedicated drunk driver vehicle injury lawyer prevents insurance companies from taking advantage of you during a vulnerable moment.
How to Report Aggressive Drivers in Colorado
Preventing drunk driving accidents requires public vigilance. Knowing how to report aggressive drivers in Colorado helps law enforcement intercept impaired drivers before they cause fatal crashes on local roads.
If you observe a motorist driving erratically, swerving across lanes, straddling center lines, or displaying aggressive road rage in the Denver area, follow these steps:
- Dial *CSP (*277) on your cell phone: This free call connects you directly to the nearest Colorado State Patrol dispatch center.
- Call 911 for immediate emergencies: If a driver poses an imminent threat to human life, call emergency services immediately.
- Provide crucial details safely: Report your exact location, street name, travel direction, vehicle make, model, color, and license plate number if visible. Never attempt to pursue, tailgate, or confront an aggressive or impaired driver yourself.
Why Choose Boesen Law for Your Recovery
When battling an insurance carrier after a serious crash, you need a law firm with deep local roots, vast resources, and a record of trial success. As an established drunk driving vehicle injury law firm, Boesen Law treats every client with personal care, dignity, and relentless dedication.
Our law firm provides:
- No Win, No Fee Guarantee: We handle personal injury claims on a contingency fee basis. You pay no legal fees upfront and owe us nothing unless we win compensation for your case.
- Direct Access to Experienced Attorneys: You work directly with knowledgeable legal professionals who keep you updated on every development in your case.
- Comprehensive Resources: We fund all upfront costs for medical experts, crash reconstructionists, and court filing fees necessary to build a winning claim.
Whether your crash involved a standard passenger car, a commercial vehicle, or a rideshare driver, our general Denver car accident lawyer team brings decades of litigation skill to your defense.
Frequently Asked Questions
What if the drunk driver who hit me is uninsured or underinsured?
If the impaired driver carries no auto insurance or lacks adequate policy limits to cover your medical expenses, we can file a claim through your own policy. Utilizing uninsured motorist coverage in Colorado allows you to collect compensation directly from your insurer. We also explore third-party claims against alcohol vendors under state dram shop laws.
How long do I have to file a drunk driving injury lawsuit in Denver?
In Colorado, the statute of limitations for motor vehicle personal injury lawsuits is generally three years from the date of the accident. However, if your claim includes a dram shop lawsuit against a bar or restaurant, you have only two years to act. Contacting an attorney immediately ensures you do not miss critical legal deadlines.
Can I pursue compensation if I was a passenger in the drunk driver’s car?
Yes. Passengers injured in DUI crashes have the legal right to recover compensation for their injuries. You can file a claim against the driver’s auto insurance policy regardless of your personal relationship with the driver.
What if the driver refused a breathalyzer test at the scene?
Colorado operates under “expressed consent” laws. Refusing a chemical test results in an automatic administrative driver’s license suspension. In a civil claim, a driver’s refusal to take a breathalyzer test can be presented to a jury as evidence of consciousness of guilt.
Schedule a Free Consultation with a Denver DUI Accident Attorney Today
You should not suffer financially because another person chose to drink and drive. Let Boesen Law carry the legal burden while you focus on your physical and emotional recovery. Contact our Denver office today to discuss your rights and begin building your claim.
Call our legal team or reach out online to schedule your free, confidential consultation. Our team is ready to stand by your side and seek the compensation you deserve.
Our Law Office
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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