DUI Accident Attorney in Denver, Colorado
Car accidents can be an upsetting and disruptive experience, especially when caused by a drunk driver. A drunk driving accident may happen for a number of different reasons, like the drunk driver falling asleep behind the wheel, driving recklessly, or having no regard for other drivers’ safety. Regardless of the reason, driving under the influence of alcohol or drugs is a dangerous and inexcusable mistake that can have grave consequences for everyone involved. If you or a loved one has suffered an injury because of a drunk driving accident in Denver, we urge you to contact our team of DUI accident lawyers attorneys today. Our devoted firm is committed to helping victims of these thoughtless accidents receive fair and appropriate compensation.
What Is a DUI in Denver?
In Colorado, it is illegal to drive a car with a BAC (blood alcohol content) over .08%. Doing so can result in a DUI (driving under the influence) charge, including fines, points on your license, and even jail time depending on the severity of the incident. For first time offenders in Colorado, a driver’s license will be suspended for nine months. For repeat offenders, the penalties continue to grow, meaning longer license suspensions and being required to install an ignition interlock device. The state of Colorado does not tolerate any instance of underage drinking and driving. Any driver under the age of 21 that is found to have any traceable amount of alcohol in their system while driving may receive a DUI charge.
In Colorado, a lesser offense known as a DWAI (driving while ability impaired) also exists for drivers who are still intoxicated, though are under the .08% legal limit. For drivers whose BAC is between .05% and .08%, a DWAI charge is more likely, resulting in possible fines, community service requirements, and points against your license. While a DWAI charge is generally less severe than a DUI, the consequences can be equally as damaging.
Despite Colorado’s progressive stance on marijuana, driving under the influence is still against the law. However, proving that a driver was impaired by marijuana is more difficult than it is to do with alcohol. Because driving under the influence of marijuana is often less noticeable than driving under the influence of alcohol, law enforcement will typically look out for signs of slow or unusual driving habits, physical appearance, the smell or presence of marijuana in the vehicle, and more.
While it is not illegal for individuals to drive with marijuana in their car, it should be kept in a sealed container, even when the vehicle is stopped. Any evidence that marijuana was used in the car could be used as evidence for a DUID (driving under the influence of drugs) charge. Colorado residents over the age of 21 may carry no more than two (2) ounces of marijuana at a time for personal use.
A DUID also pertains to drivers who operate a vehicle under the influence of other illegal drugs like methamphetamine, cocaine, heroin, and other controlled substances. Any impairment by any drug or combination of drugs whatsoever while driving could result in a DUID. Penalties for a DUID may include fines, jail time, mandatory community service, license suspension, and drug education classes. Alcohol can be easily measured with a breathalyzer test, though drug impairment is more complicated to determine. The most common method for detecting the presence of drugs is through the use of blood tests.
It is also possible to receive a DUID for driving under the influence of prescription drugs or over the counter medications. Even if they are legally prescribed to you by a doctor, not all medications are safe to take while operating a vehicle. Painkillers like oxycodone and morphine, medications like Xanax or Valium, or sleeping pills like Ambien can drastically impact a driver’s ability on the road and should be avoided while driving if possible.
Colorado residents are not legally required to submit to a field sobriety test if they are pulled over by law enforcement. However, if an officer notices any troubling signs, like the smell of alcohol on the driver’s breath, slurred speech, or an admission to drinking or using drugs earlier in the night, they may still be arrested and face legal consequences. Colorado drivers are required to submit to a chemical test like a blood test if they are arrested on suspicion of a DUI or DUID.
Any driver who is found to be under the influence of drugs or with a BAC over .08% during an accident will generally receive a DUI. Drunk drivers will face criminal charges for their behavior, though victims of these car accidents are often left with injuries, medical bills, and expensive car payments. For those who have been injured in a drunk driving accident, Fiedler Trial Lawyers is here for you. Our DUI accident attorneys have been proudly serving victims of accidents for decades and are passionate about helping injured drivers seek justice and secure compensation. Our winning team has decades of experience handling car accident claims and drunk driving accidents in Denver. If you have been injured in an accident, do not wait. Call Fiedler Trial Lawyers today.
Common Injuries in Drunk Driving Accidents
After a drunk driving accident, victims may need to seek compensation for damages to their vehicle, lost wages at work, or hefty medical bills. Serious car accidents often result in major injuries, and victims may seek compensation from the driver to help cover multiple different kinds of injuries. Injuries sustained during drunk driving accidents are often more severe due to the reckless nature of the intoxicated drivers. The most common injuries seen in drunk driving accidents include:
- Head Injuries: Head and brain injuries are particularly common in serious car accidents. These are some of the most frightening injuries as they can result in long-term cognitive damage, memory loss, and more. Concussions are common in car accidents, and while they are typically viewed as a mild injury, repeated concussions can cause long-term complications.
- Spinal Cord Injuries: These injuries often result in long-term and sometimes even lifelong problems. A spinal cord injury can result in the loss of movement in certain areas like the arms or the legs and is one of the most traumatic injuries a driver can face after a DUI accident.
- Broken Bones: Depending on the severity of the crash, broken and fractured bones may be a result of a DUI accident. Broken bones can take months to heal and may require physical therapy, surgeries, or some form of rehabilitation
- Internal Injuries: Internal injuries and organ damage are some of the most troubling injuries because they are generally not immediately obvious. While some injuries may be more noticeable at first, internal bleeding and organ damage may occur after making forceful contact with your steering wheel or seatbelt. Damage to a driver’s lungs, kidney, or heart are not uncommon after major DUI accidents.
Aside from the physical injuries that come from a drunk driving accident, there are also emotional and psychological damages that a victim may deal with after the crash. Victims may be able to receive compensation for their mental suffering just as much as their physical suffering. Whether you are dealing with physical injuries, anxiety or PTSD, or any other complications after a drunk driving accident, there are ways for you to secure compensation and seek the justice that you deserve. Do not handle it alone. Fiedler Trial Lawyers is here to stand by your side every step of the way and ensure that you are taken care of on your path to recovery.
Who Can Be Held Liable for a Drunk Driving Accident?
After a drunk driving accident, the most obvious assumption is that the intoxicated driver is held liable for the damages. This is the case more often than not. Victims of a DUI accident will be able to seek compensation from the drunk driver’s insurance company for things like medical expenses, lost wages, or damage to the vehicle. Victims may also seek punitive damages if the intoxicated driver’s behavior was especially harmful.
Colorado has liquor liability laws in place that can hold those who sell or provide alcohol, or those who provide a place for minors to drink, liable for any resulting accidents or injuries. Colorado’s dram shop laws allow victims of drunk driving accidents to hold bars and restaurants responsible for serving an individual who is already intoxicated or overserving. If an establishment chooses to serve somebody who is either underage or visibly intoxicated, they may be held liable for injuries. Victims interested in pursuing a dram shop claim will have one year from the time of the accident to do so.
Colorado also has a “Social Host Liability” law that holds those who knowingly provide and serve alcohol to underage drinkers or intoxicated guests at a party or social event liable. In this scenario, the social host, or the host of the event, may be responsible for an ensuing accident.
Though less common, there are situations where a third party may be held liable for an accident.
- If a passenger in a vehicle influences any reckless behavior or interferes with the driver in any way, they may share some responsibility for the damages.
- If the intoxicated driver was actively working, driving a company vehicle, making a delivery, or doing any other employment-related task at the time of the accident, the employer may be held liable for their employee’s behavior.
Though these situations are rare, the underlying point is that there are multiple different avenues that you can pursue if you have been injured in a drunk driving accident. Speaking with a DUI accident attorney will allow you to explore all of your options and ensure that you receive the compensation that you are entitled to. If you were the victim of a drunk driving accident in Denver, call Fiedler Trial Lawyers today to discuss your case and see how we can help you seek justice.
Denver Drunk Driving Statistics
In Denver, drunk driving continues to be a pervasive issue. According to the Colorado Department of Transportation (CDOT), impaired driving was a factor in nearly 30% of all traffic fatalities in 2023. If you have been injured or lost a loved one due to a drunk driving accident, call Fiedler Trial Lawyers today. We are determined to help victims of reckless DUI accidents seek justice and secure the compensation you deserve.
In 2023, there were 218 deaths caused by impaired driving in Colorado. The highest number of DUI arrests occurred in the age group between 25-34. Since the legalization of marijuana in Colorado, marijuana-related DUIs have been a growing concern. The City and County of Denver reports that 13.5% of drivers involved in fatal car accidents tested positive for marijuana. Those who have lost a loved one or family member due to a drunk driving accident may be able to pursue a wrongful death claim.
The city of Denver sees more drunk driving accidents and DUI arrests than any other part of the state. This is due in large part to the nightlife and bar scene that Denver has to offer. Areas like Lower Downtown (LoDo), South Broadway, River North Art District (RiNo), and Baker are common locations for drunk driving incidents due to the heavy bar activity. Most DUI accidents take place later at night, between the hours of 12:00am and 3:00am, usually on weekends and during holidays. Nearly 40% of all DUI arrests involve a repeat offender.
While the number of drunk driving fatalities decreased last year, it is still a prevalent concern for drivers in the Denver area. For those who have suffered injuries after being involved in a drunk driving accident, we urge you to call Fiedler Trial Lawyers today. You should not have to pay because of another driver’s mistakes. Contact our team of DUI accident attorneys today to see how our devoted team can help make a difference and your case.
How to File a Drunk Driving Accident Claim
After being involved in a drunk driving accident, victims often wonder how they can receive compensation and hold the other driver liable for their damages. There are certain steps that will be important to take after an accident to help the claim process go by as smoothly as possible.
- If you are able, collect any evidence available at the scene of the accident. This can include pictures, videos, and gathering insurance information from the driver. If you are unable to gather evidence after the accident, witnesses may be able to provide valuable information that can help your case.
- Report the accident to the police. Law enforcement will be able to fill out a police report that will serve as useful evidence in your case. They will also be able to identify whether or not the other driver was under the influence of drugs or alcohol at the time of the accident.
- Consult with a DUI accident attorney. Drunk driving accident cases can often be more complicated than they initially seem. Having an experienced attorney by your side can help ensure that all communication with insurance companies is properly handled and can guide you through any ensuing legal battles with confidence. A skilled attorney like those at Fiedler Trial Lawyers will know how to help you secure the maximum compensation for your accident and deal with any insurance companies that may try to convince you to settle for less.
- File a claim with the at-fault driver’s insurance company. As mentioned, your lawyer will be able to help handle this step in the process. In some cases, the other driver may not have had insurance, or has insufficient insurance to cover the damages, in which case your own UM/UIM coverage may apply.
- Reaching a fair settlement may require negotiation with the insurance companies. Many DUI accidents are settled outside of court. However, if all parties are unable to agree on a fair settlement, going to a trial may be an option.
For most personal injury cases in Colorado, the victim will have two years to file a claim from the date of the accident. However, for injuries and accidents involving vehicles, the statute of limitations extends to three years. This means that victims or family members of victims of DUI accidents will have three years from the date of the accident to file a claim. It is important to act within the given timeframe so that you do not miss out on any available compensation. For DUI accidents involving a minor, the statute of limitations may be extended.
What Kind of Compensation Can I Receive From a DUI Accident?
There are three different types of compensation that victims can aim to secure after a drunk driving accident: economic damages, non-economic damages, and punitive damages. Economic damages include things such as medical expenses, lost wages, property damage and any other out-of-pocket expenses incurred after the accident. Non-economic damages are meant to compensate victims for less tangible losses, and punitive damages that serve to punish the at-fault driver for reckless behavior on the road.
Economic Damages
- Medical Expenses: Victims will be able to seek compensation for any medical expenses accrued while treating injuries caused by the accident. This can include any ensuing surgeries, medications, physical therapy, and long-term medical care needed.
- Lost Wages: If the injuries suffered from a DUI accident result in the victim missing an extended period of time from work, they may be compensated for past and future lost wages. This can be especially useful for victims who require long-term medical care and may be prevented from performing their job and earning a living for the foreseeable future.
- Property Damage: Victims are often able to seek compensation for damages done to their vehicle or any of their personal property during the accident.
- Out-of-pocket Expenses: Victims may also be compensated for any personal expenses caused by the accident, such as hiring caregivers or paying for transportation to and from medical appointments.
Non-economic Damages
- Pain and Suffering: Oftentimes after a traumatic car accident like a DUI accident, victims will be able to seek compensation for the emotional distress that follows. The amount may change depending on the severity of your injuries and the effect that the accident had on your everyday life. Drunk driving accidents can also bring on increased feelings of anxiety, depression, and even post-traumatic stress disorder (PTSD).
- If the injuries sustained from the accident prevent a victim from enjoying everyday life and activities like exercise or various hobbies, you may be able to receive compensation. Similarly, if injuries caused by the accident result in a loss of consortium, meaning a loss of companionship or intimacy between a victim and their spouse or loved ones, additional compensation may be recovered.
Punitive Damages
Punitive damages act purely as a measure to punish the at-fault driver for their reckless behavior while driving. If the drunk driver’s behavior and decision-making were particularly reckless or dangerous, punitive damages may be granted to the victim, though this is not a guarantee in every case.
Whether you walk away from a drunk driving accident with physical or emotional trauma, you are entitled to fair and reasonable compensation. You should not have to stress over finances and worry about receiving appropriate medical care because of the poor decisions made by another driver.
Consulting with a DUI accident attorney is highly recommended. One of our experienced attorneys will be able to help make sure that you receive the maximum compensation to cover short-term and long-term consequences of your accident. Our firm is committed to helping victims of drunk driving accidents properly evaluate their case and assess all damages, negotiate with insurance companies, and represent you in court if necessary. For more information about how Fiedler Trial Lawyers can help you secure the maximum compensation for your injuries and guide you on a path toward justice, reach out to our team today.
Call Fiedler Trial Lawyer to Handle Your Drunk Driving Accident
If you have been involved in a drunk driving accident and are suffering from injuries, lost wages, or property damage, don’t wait. Call our dedicated team of DUI accident attorneys today. Our Denver firm is prepared to help victims of drunk driving accidents secure fair compensation and guide them on the path to recovery. You should not have to suffer the consequences of another driver’s mistakes. To learn more about how our team can help you secure the compensation that you deserve for your DUI accident, call today.
Frequently
Asked Questions
What to do after a car accident?
If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
- Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…
When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.
Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…
After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.
Here are some tips to help you choose the right lawyer:READ MORE…
The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:
Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.
No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…
In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:
Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:
Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…
The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…
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a year ago
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