Denver Drunk Driving Accident Lawyer

You did nothing wrong. You were driving safely, following the rules, and someone who chose to get behind the wheel drunk crashed into you. Now you’re hurt, your car is totaled, and you’re watching the driver get arrested while you sit in an ambulance. The police are handling the criminal case. But no one has told you that you have a separate right to compensation for what this person took from you.

That’s where we come in.

At McCormick & Murphy, P.C., we represent people in Denver and across Colorado who have been injured by drunk drivers. We handle the civil side of these cases—the part that gets you compensated for your medical bills, lost wages, pain, and everything else this crash has cost you. The criminal system punishes the driver. We make sure you’re made whole.

Two Systems, Two Cases: Criminal vs. Civil

When a drunk driver causes an accident, two completely separate legal processes begin. Most people don’t realize this, and it costs them.

The criminal case is the state of Colorado prosecuting the driver for DUI. The goal is punishment: fines, jail time, license suspension. You are a witness in that case, not a party. You do not control it. You do not get compensated through it. Even if the driver goes to prison, you don’t see a dime for your hospital bills or the months you couldn’t work.

The civil case is your personal injury claim. This is yours. You control it. The goal is compensation—getting you money to cover every cost and consequence of the crash. Medical expenses. Lost income. Property damage. Pain and suffering. Permanent disability. The civil case exists to restore what the drunk driver took from you.

These two cases run on parallel tracks. The criminal case does not need to finish before you can file your civil claim. You do not need to wait for a conviction. In fact, waiting can hurt you, because Colorado law gives you a limited window to file.

The Statute of Limitations in Colorado

Colorado gives you three years from the date of the accident to file a personal injury lawsuit against a drunk driver. Miss that deadline, and you lose your right to compensation. Three years sounds like a long time when you’re still in the hospital or going through physical therapy. It’s not. Insurance companies know this, and they use delay as a tactic.

Starting your claim early gives you leverage. It gives us time to investigate, gather evidence, and build the strongest possible case before memories fade and documentation disappears.

What to Do at the Scene (If You’re Able)

If you’re conscious and not seriously injured, there are steps you can take at the scene that will strengthen your case later:

• Call 911 immediately. Tell dispatch you suspect the other driver is intoxicated. This gets police on scene to conduct field sobriety tests.
• Take photos. The damage to all vehicles. Skid marks. The position of the cars. Anything that shows what happened.
• Get contact information from witnesses. Bystanders who saw the crash or the driver’s behavior before it are valuable.
• Do not accept any statements from the other driver. They may try to talk you out of calling police or offer cash on the spot. Refuse.
• Refuse to sign anything from the other driver’s insurance company at the scene.
• Go to the hospital even if you feel fine. Adrenaline masks pain. Delayed injuries are common, and an immediate medical record connects your injuries to the crash.

If you’re too injured to do any of this, don’t worry. Focus on your health. We can work with police reports, hospital records, and witness statements gathered later.

Evidence We Use to Build Your Case

Drunk driving cases often come with built-in evidence that other accident cases don’t have. A DUI arrest means the police documented the driver’s impairment. That documentation becomes powerful proof in your civil case.

We gather:

• The police report, including field sobriety test results and breathalyzer readings
• Toxicology reports showing blood alcohol content (BAC)
• Dashcam or bodycam footage from the arrest
• Surveillance video from nearby businesses showing the driver’s vehicle before the crash
• Receipts or witness statements from the bar or restaurant where the driver was drinking
• Cell phone records if the driver was texting or calling while intoxicated
• Your medical records documenting every injury and treatment
• Pay stubs and employment records proving lost income
• Expert testimony on your long-term prognosis and future medical needs

The more documentation of impairment we have, the harder it is for the insurance company to deny your claim or lowball your settlement.

Dram Shop Liability: When the Bar Shares the Blame

Sometimes the drunk driver isn’t the only one responsible for your injuries. In Colorado, bars, restaurants, and liquor stores can be held liable if they illegally served alcohol to the person who hit you.

Colorado’s dram shop law allows you to sue an alcohol vendor if:

• They served a visibly intoxicated person, or
• They served a minor under age 21

This matters because the drunk driver might not have enough insurance to cover your damages. But a commercial establishment usually does. Dram shop claims open up an additional source of compensation.

Proving a dram shop case requires evidence that the vendor knew or should have known the person was intoxicated. We look for:

• Witness statements from other patrons who saw the driver stumbling, slurring, or acting aggressively
• Testimony from the bartender or server
• Credit card receipts showing how many drinks were purchased and over what time period
• Security footage from inside the bar

Bars and restaurants fight these claims hard because they carry heavy financial consequences and can affect their liquor license. That’s exactly why you need an attorney who knows how to pursue them.

Punitive Damages: Holding Drunk Drivers Accountable

Most personal injury cases allow you to recover compensatory damages—money to cover your actual losses. Drunk driving cases are different. Colorado law allows punitive damages when the defendant’s conduct was willful, wanton, or showed a reckless disregard for the safety of others.

Getting behind the wheel drunk qualifies.

Punitive damages are designed to punish the wrongdoer and deter future misconduct. They go beyond compensation. They send a message. In Colorado, punitive damages are capped, but they can significantly increase the total value of your case.

To recover punitive damages, we must prove by clear and convincing evidence that the driver acted recklessly. A DUI arrest, a high BAC, prior DUI convictions, or evidence that the driver was warned not to drive all support a punitive damages claim.

What If the Drunk Driver Has No Insurance?

This is one of the most frustrating scenarios, and it happens more often than it should. The person who hit you was already breaking the law by driving drunk. There’s a good chance they were also driving uninsured or underinsured.

You still have options.

First, check your own auto insurance policy for uninsured motorist (UM) or underinsured motorist (UIM) coverage. If you have it, your own insurance company steps in to cover your damages up to your policy limits. You’re not at fault, and your premiums should not increase for making a UM/UIM claim.

Second, if dram shop liability applies, the bar or restaurant that over-served the driver becomes a defendant. Their commercial liability policy may cover your claim.

Third, even if the driver has no insurance, you can still sue them personally. Winning a judgment against them means you can pursue wage garnishment, property liens, and other collection methods. It’s harder and takes longer, but it’s not impossible.

We evaluate every possible source of recovery. You shouldn’t walk away empty-handed because the person who hurt you was irresponsible in multiple ways.

Do You Need to Wait for a DUI Conviction?

No. This is a common misconception that costs injury victims time and money.

Your civil case is independent of the criminal case. You can file a personal injury claim the day after the accident if you want to. You do not need to wait for the driver to be convicted, plead guilty, or even be formally charged.

That said, a DUI conviction helps your civil case. It’s proof of negligence. If the driver is convicted, we can use that conviction as evidence in your lawsuit. But if the criminal case is delayed, dismissed, or results in a plea to a lesser charge, it doesn’t kill your civil claim. We can still prove the driver was intoxicated using the same evidence the prosecutor would have used: breathalyzer results, officer observations, field sobriety tests, and witness testimony.

Waiting for a criminal conviction is a gift to the insurance company. It gives them time to pressure you into a low settlement before you know the full extent of your injuries.

Types of Compensation Available

Colorado law allows you to recover several categories of damages after a drunk driving accident:

Economic Damages

These are your out-of-pocket losses with a clear dollar value:

• Past and future medical expenses, including surgery, hospitalization, physical therapy, prescription medications, medical devices, and in-home care
• Lost wages from time you missed work recovering from your injuries
• Loss of earning capacity if your injuries prevent you from returning to your previous job or working at all
• Property damage to your vehicle and personal belongings

Non-Economic Damages

These compensate you for intangible losses that don’t come with a receipt:

• Physical pain and suffering
• Emotional distress, anxiety, and PTSD from the crash
• Loss of enjoyment of life if your injuries prevent you from participating in activities you once loved
• Disfigurement and scarring
• Loss of consortium if your injuries affect your relationship with your spouse

Punitive Damages

As discussed earlier, these are available when the driver’s conduct was especially reckless. They’re designed to punish, not just compensate.

The total value of your case depends on the severity of your injuries, the strength of the evidence, and how well your attorney can prove the full impact of the crash on your life.

Why Insurance Companies Fight Drunk Driving Claims

You’d think insurance companies would pay drunk driving claims quickly and fairly. After all, fault is obvious. The driver was breaking the law. But that’s not how it works.

Insurance companies are businesses. Their profit depends on paying out as little as possible. Even when their policyholder was clearly at fault, they will:

• Delay your claim hoping you’ll get desperate and accept less
• Dispute the severity of your injuries
• Argue that some of your injuries were pre-existing
• Claim you’re partially at fault for the accident
• Offer a fast settlement before you know the full extent of your damages

Having an attorney levels the field. We know their tactics because we’ve seen them hundreds of times. We don’t let them bully you into a settlement that leaves you paying medical bills out of pocket two years from now.

What Happens During a Drunk Driving Injury Claim

Every case is different, but here’s the general process:

Investigation. We gather all evidence: police reports, medical records, witness statements, photos, and any video footage. If dram shop liability applies, we investigate the bar or restaurant.

Demand letter. Once we know the full extent of your injuries and damages, we send a demand letter to the insurance company outlining your claim and the compensation you’re owed.

Negotiation. The insurance company responds, usually with a lowball offer. We negotiate back and forth. Many cases settle at this stage.

Filing a lawsuit. If the insurance company refuses to offer fair compensation, we file a lawsuit. This doesn’t mean you’re going to trial—most cases still settle after a lawsuit is filed. But it shows we’re serious.

Discovery. Both sides exchange evidence, take depositions, and build their case. This is where strong documentation pays off.

Mediation or trial. Some cases go to mediation, where a neutral third party helps both sides reach a settlement. If that fails, we take your case to trial and let a jury decide what you’re owed.

The timeline varies. Some cases settle in months. Others take a year or more, especially if your injuries are severe and require ongoing treatment. We don’t rush your case just to close it. We wait until we know the full picture of your damages.

Why You Need a Denver Drunk Driving Accident Lawyer

You could try to handle this on your own. The insurance company is counting on that. They know unrepresented claimants almost always settle for less than their case is worth. They don’t know what damages they’re entitled to. They don’t know how to prove them. And they’re exhausted from dealing with medical appointments, bill collectors, and recovery.

An attorney takes the burden off you. We handle the insurance company. We gather the evidence. We calculate your damages. We negotiate or litigate. You focus on healing.

Drunk driving cases also come with unique legal issues—dram shop claims, punitive damages, uninsured motorist coverage—that require specific experience. This isn’t a fender bender. The stakes are higher, and the insurance companies fight harder.

Serving Denver and Surrounding Communities

McCormick & Murphy, P.C. represents injury victims throughout the Denver metro area and across Colorado. We work with clients in Wheat Ridge, Lakewood, Arvada, Westminster, Thornton, Northglenn, Commerce City, Aurora, Englewood, Littleton, Centennial, Greenwood Village, Lone Tree, Parker, Highlands Ranch, Castle Rock, Broomfield, Brighton, Longmont, Boulder, Louisville, Lafayette, Superior, Erie, Golden, Morrison, Evergreen, Conifer, Bailey, Pine, Idaho Springs, Georgetown, Estes Park, Fort Collins, Loveland, and Greeley.

We meet clients where they are—literally. If you’re recovering from injuries and can’t come to our office, we’ll come to you.

You Have the Right to Both Justice and Compensation

The criminal system will handle the DUI charge. That’s important, but it doesn’t put money in your pocket or pay your medical bills. Your civil claim does.

You have the right to pursue both. You have the right to hold the drunk driver accountable in every way the law allows. And if a bar over-served them, you have the right to hold that business accountable too.

This isn’t about being vengeful. It’s about being made whole. You didn’t ask for this. You didn’t cause it. And you shouldn’t have to pay for someone else’s decision to drive drunk.

If you or someone you love has been injured by a drunk driver in Denver or anywhere in Colorado, call McCormick & Murphy, P.C. at 888-668-1182. We’ll explain your rights, answer your questions, and help you understand what your case is worth. There’s no fee unless we win.

You have options. Let us show you what they are.