Key Takeaways: 

  • Get Medical Help Immediately: Call 911 and get checked—injuries may not show right away.
  • Document the Scene: Take photos, gather witness info, and report signs of intoxication.
  • Call the Police: A report is required and strengthens your legal claim.
  • Notify Your Insurance: Report the crash but don’t accept offers or give details before speaking with a lawyer.
  • Hire a Lawyer ASAP: Drunk driving cases need fast action to protect your rights and build a strong case.
  • Criminal vs. Civil Cases: The driver may face criminal charges, but you can also sue for damages.
  • You May Qualify for Punitive Damages:Drunk driving shows reckless behavior—extra compensation may apply.
  • Act Before Deadlines: Injury: 3 years, Wrongful death: 2 years, Dram shop: 1 year
  • Others May Be Liable Too: Bars, vehicle owners, or others who enabled the drunk driver can share responsibility.
  • Types of Compensation:Medical bills, Lost wages, Pain and suffering, Vehicle damage, Punitive damages
  • Insurance Might Fall Short: Use UM/UIM coverage if the driver is uninsured or flees the scene.
  • Rideshare Accidents Are Complex: Coverage depends on app activity—legal help is critical.

Being hit by a drunk driver is a traumatic and life-altering experience that can lead to significant physical, mental, and financial consequences. Accidents involving intoxicated drivers are often more severe due to their impaired judgment and slower reaction times. According to the Colorado Department of Transportation, impaired driving fatalities were 271 in 2022, an increase from 255 in 2021, and thousands more are injured annually. Let me tell you—knowing the critical steps to take immediately after such an incident, understanding your legal rights, and navigating the compensation process are crucial to protecting your health and financial future. Our experienced Denver personal injury lawyer will tell you that drunk driving cases require immediate action to preserve evidence and protect your rights.

Immediate Actions and Safety Steps After Being Hit by a Drunk Driver

Your safety and health are the top priorities immediately following a collision. Taking the correct steps can protect you, your claim, and your right to compensation.

When you’re involved in a drunk driving accident, act immediately to ensure your safety and protect your legal interests. If you’re conscious and able to move, check for injuries on yourself and any passengers first. Some injuries, like whiplash, internal bleeding, or concussions, may not be immediately apparent and can have delayed symptoms that develop hours or days later.

Prioritize Safety and Seek Medical Help

If possible and safe, move your vehicle to a safe location away from traffic. However, if you’ve sustained severe injuries, avoid moving and wait for emergency medical services to arrive. Call 911 immediately to report the accident and request emergency medical services or seek medical care if needed. An official police report is vital evidence, especially when dealing with a suspected drunk driver. Based on Colorado Revised Statutes § 42-4-1603, reporting to the police is required if an accident results in injury, death, or significant property damage.

One of the worst things we see is accident victims who delay seeking medical attention because they feel okay at the scene. Get a medical evaluation as soon as possible, even if you feel fine. This creates crucial medical documentation for your personal injury claim and ensures proper medical treatment. You bear the burden of proof when it comes to linking your injuries to the car accident, so medical records from immediately after the crash carry significant weight.

Gather Evidence at the Scene

Take photos and videos of the accident scene, vehicle damage on all vehicles involved, visible injuries, road conditions, skid marks, and any signs of alcohol like bottles or containers. Collect contact details including name, phone number, license number, and insurance information from all involved drivers and any witnesses present. Write down what you witnessed while the details are fresh in your mind.

If the drunk driver is visibly intoxicated, don’t try to engage them in conversation or seek official statements—let law enforcement handle the interaction. Avoid admitting fault or speculating about accident details. Even if you think you might have contributed to the crash, let the legal process determine fault based on evidence.

Notify Your Insurance Company

Inform your insurance company about the drunk driving accident promptly. However, limit detailed discussions until you have consulted with a car accident lawyer. Be aware that insurance companies may try to settle early for a lower amount than you deserve. It’s crucial to avoid accepting any settlement until you know the full extent of your injuries and have spoken with an experienced attorney.

Consult a Personal Injury Attorney

Speaking with a personal injury lawyer experienced in drunk driving cases as soon as possible provides essential legal guidance. We can help preserve evidence, deal with insurance companies, and prepare for a potential personal injury lawsuit. The legal process becomes significantly more complex when a drunk driver hits you, so having experienced legal representation makes a significant difference in your outcome.

Legal Framework and Liability in Drunk Driving Accidents

Drunk driving is a serious offense with distinct legal implications, impacting both criminal and civil proceedings. Understanding these differences is crucial for protecting your rights.

Criminal vs. Civil Cases

When a drunk driver hits you, two separate legal processes typically unfold. Drunk driving is a criminal offense (DUI/DWAI) leading to penalties like fines, jail time, and license suspension. The state prosecutes the driver to uphold criminal law and deter future reckless behavior.

A civil personal injury case, filed by you as the victim, seeks monetary damages to compensate for injuries and losses. Both criminal and civil cases can proceed simultaneously. A criminal conviction for DUI can strengthen your personal injury claim as it proves the driver’s wrongdoing, though civil liability can exist even without a criminal conviction.

Colorado DUI/DWAI Laws and Legal Limits

If you assess the  Colorado Revised Statutes § 42-4-1301, a Blood Alcohol Concentration (BAC) of 0.08% or higher is legally considered DUI. Driving While Ability Impaired (DWAI) applies for BAC between 0.05% and 0.079%. Higher BACs of 0.15% or 0.17% or higher, or repeat offenses, can lead to a “Persistent Drunk Driver” (PDD) classification with harsher penalties.

Drugged driving (DUID) is also illegal, with specific nanogram limits for substances like marijuana. Even a small amount of alcohol or other impairing substances can negatively impact driving ability. The driver’s blood alcohol content becomes critical evidence in proving their impairment at the time of the car crash.

Proving Negligence and Liability

Drunk driving is considered a form of driver negligence or negligence per se. To prove negligence in your personal injury case, we must demonstrate that the drunk driver owed a duty of care to drive safely and reasonably, they breached that duty by driving under the influence, and this breach directly caused your injuries and damages.

Driving drunk often demonstrates reckless conduct, which can enable victims to seek punitive damages beyond basic compensation. The drunk driver’s actions create liability that extends beyond typical car accident claims.

Comparative Negligence and Statute of Limitations

Colorado follows a modified comparative negligence rule under Colorado Revised Statutes § 13-21-111. Your compensation may be reduced if you are found partially at fault, but you can still recover as long as your fault is less than 50%. The general deadline for filing a personal injury lawsuit for a motor vehicle accident in Colorado is three years from the date of the collision.

For wrongful death claims, Colorado Revised Statutes § 13-80-102 sets the deadline at two years from the date of death. Dram shop lawsuits have a one-year limit from the date of alcohol sale or service under Colorado Revised Statutes § 12-47-801. Acting quickly is crucial because evidence can be lost and witness statements may become less reliable over time.

Other Potentially Liable Parties

Beyond the drunk driver, other parties might bear responsibility. Dram shops—businesses like restaurants or bars that served alcohol to a visibly intoxicated person—can be held liable under Colorado’s dram shop law (C.R.S. § 12-47-801), especially if they knew the person would be driving. These claims have specific requirements and damage limitations.

Vehicle owners who negligently entrusted their vehicle to a dangerous or inexperienced driver might also be liable, even if they weren’t driving at the time. Other third parties can include vehicle manufacturers for mechanical defects or municipalities for poor road maintenance.

Types of Compensation (Damages) Recoverable

Victims of drunk driving accidents can seek compensation for both tangible financial burdens and intangible personal suffering. Understanding what you can recover helps ensure you seek full compensation for your losses.

Economic Damages (Tangible Losses)

Medical expenses represent the most immediate concern after a drunk driving accident. These include costs for emergency medical services, hospital stays, surgeries, physical therapy, medication, and future medical expenses. Medical bills can accumulate quickly, especially with severe injuries requiring ongoing medical care.

Lost wages and earning capacity compensation covers income lost due to time off work and potential future income loss if injuries affect your long-term work ability. If the car accident caused permanent disabilities that impact your career, we’ll calculate the full economic impact over your lifetime.

Property damage compensation covers costs for vehicle repair or replacement and damage to other personal property. When dealing with the drunk driver’s insurance company, ensure all property damage is properly documented and valued.

Non-Economic Damages (Intangible Losses)

Pain and suffering compensation addresses physical pain, chronic pain, emotional distress, mental anguish, anxiety, depression, and Post-Traumatic Stress Disorder (PTSD). These damages recognize that drunk driving accidents cause harm beyond medical bills and lost wages.

Loss of enjoyment of life compensation applies when injuries prevent participation in once-loved activities or hobbies, leading to reduced quality of life. Disfigurement, physical impairment, and loss of limb also fall under non-economic damages.

Punitive Damages

Punitive damages may be awarded in cases of especially reckless or malicious behavior like drunk driving. These damages punish the offender and deter similar actions in the future. Punitive damages are separate from compensation for economic and non-economic losses and can significantly increase the value of your legal claim.

Insurance Coverage and Claims Process

Navigating insurance after being hit by a drunk driver can be complex, especially with different types of coverage and the potential for an uninsured at-fault driver. Understanding your options protects your financial interests.

Colorado Minimum Insurance Requirements

If you look at Colorado Revised Statutes § 10-4-620, Colorado drivers must carry minimum liability insurance of $25,000 bodily injury per person, $50,000 bodily injury per accident, and $15,000 property damage per accident. Colorado is a “fault-based” state, meaning the at-fault driver’s insurance is typically responsible for damages.

However, these minimum limits often prove insufficient for serious drunk driving accidents. When severe injuries occur, the responsible party’s insurance policy may not cover all your losses, making additional coverage crucial.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Remember, UM/UIM coverage is optional in Colorado and is crucial for protection when the at-fault driver is uninsured, underinsured, or flees the scene in a hit-and-run accident. This coverage protects you when the drunk driver’s insurance company cannot or will not pay adequate compensation.

While not mandatory in Colorado, UM/UIM coverage is highly recommended. Filing a UM claim for a hit-and-run generally does not increase your premiums since you were not at fault. Medical Payment Coverage (MedPay/MPC) is optional coverage that helps pay medical bills regardless of who caused the accident.

Hit-and-Run Accidents

Based on Colorado Revised Statutes § 42-4-1601, a hit-and-run occurs when a driver involved in a collision leaves the scene without providing contact details, insurance information, or rendering aid to injured parties. Intoxicated drivers often flee because they fear legal consequences, lack insurance, or want to avoid DUI charges.

A sneak peak at AAA Foundation data, hit-and-run fatalities increased by 60% between 2009 and 2016, with approximately 65% of these fatalities involving pedestrians or bicyclists. More recently, Colorado State Patrol reported that hit-and-run crashes increased 22% in Colorado in the first quarter of 2023 compared to the same period in 2022.

If the driver is never found, your UM/UIM coverage becomes essential for compensation. Evidence gathering including witness statements, surveillance footage, and physical debris is critical in identifying the fleeing driver. Leaving the scene of an accident is a serious crime in Colorado under Colorado Revised Statutes § 42-4-1601, with penalties ranging from misdemeanors for property damage to felonies for serious injury or death. Under this statute, property damage is a class 2 misdemeanor, non-serious injury is a class 1 misdemeanor, serious injury is a class 4 felony, and death is a class 3 felony.

While Colorado reportedly solves 61% of felony hit-and-run cases, many non-felony cases remain unresolved. The National Highway Traffic Safety Administration reports that nationally, the solve rate is lower, between 39–60% depending on the case. Studies indicate that approximately 8% of hit-and-run accidents in Colorado result in catastrophic or deadly injuries. This makes UM/UIM coverage even more crucial for protecting yourself financially.

Rideshare Accidents (Uber/Lyft)

Car accidents involving rideshare drivers are more complex than average car accidents due to multi-layered insurance policies and the driver’s independent contractor status. Insurance coverage varies based on the driver’s activity period when the accident occurred.

When the app is off, the driver’s personal insurance applies. When the app is on but waiting for a ride, limited contingent liability coverage applies if personal insurance denies the claim. When a ride is accepted or passengers are on board, up to $1 million in commercial liability coverage from the rideshare company applies.

The Critical Role of an Experienced Car Accident Lawyer

Given the complexities of drunk driving accidents, legal representation is highly beneficial and often necessary for fair compensation.

Managing Complexities

Accidents involving drunk drivers, uninsured motorists, or rideshare companies can be complex and overwhelming. Our car crash lawyer in Denver can help victims understand their legal options and navigate the legal process effectively. The claims process becomes significantly more challenging when dealing with impaired drivers and multiple insurance policies.

Evidence Collection and Investigation

Personal injury attorneys conduct thorough investigations to gather crucial evidence, including police reports, witness statements, surveillance footage, and expert testimony. We coordinate with accident reconstruction specialists to determine fault and prove the drunk driver’s actions caused your injuries.

Proving Liability and Damages

We work to prove the drunk driver’s negligence and link it directly to your injuries. We accurately calculate all types of damages, including current and future medical expenses, lost wages, and pain and suffering, ensuring no losses are overlooked in your personal injury claim.

Dealing with Insurance Companies

Lawyers handle all communication with insurers, preventing victims from making statements that could be used against them. We negotiate aggressively to secure fair settlements, countering low offers and delaying tactics. Insurance companies may try to minimize or deny legitimate claims as documented by the Colorado Division of Insurance, making experienced legal representation crucial for fair compensation.

Litigation and Trial Readiness

If negotiations fail, we are prepared to file a lawsuit and represent clients in court. A firm that prepares every case for trial from day one often leads to more favorable settlement negotiations, as insurers may be more inclined to settle rather than risk a jury verdict.

It’s better to take care of you and let us worry about the legal complexities. Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay attorney fees unless we win your case and recover compensation. We’ll handle the legal claim while you focus on your recovery.

Conclusion

When you’re hit by a drunk driver, the aftermath involves medical treatment, insurance claims, and potentially complex legal proceedings. Understanding your rights, gathering evidence, seeking immediate medical attention, and consulting with a car crash lawyer in Denver are crucial steps for protecting your interests.

Remember, you bear the burden of proof in establishing your damages and linking them to the drunk driving accident. Missing legal deadlines can permanently bar victims from recovery according to Colorado civil procedure rules, regardless of claim validity, making it essential to act quickly. Don’t try to handle this alone—we’re here to guide you through the legal process and ensure you receive fair compensation for your injuries and losses. Contact us today for a free case evaluation to discuss your legal options and begin protecting your rights.