Menu
You did everything right. You wore your seatbelt. You followed the traffic laws. You were sober. And someone who made the choice to get behind the wheel drunk changed your life anyway.
Now you’re dealing with injuries, medical bills, lost wages, and a vehicle that may be totaled. Meanwhile, the driver who hit you is facing criminal charges. That’s important. But it doesn’t pay your bills. It doesn’t cover your medical treatment. And it doesn’t make you whole.
The criminal case punishes the drunk driver. Your civil case compensates you for what you lost. These are two separate systems, and you have the right to both.
At McCormick & Murphy, we represent people injured by drunk drivers throughout Colorado Springs, Briargate, Falcon, Fort Carson, Manitou Springs, and the surrounding communities. We know how to build civil cases that hold intoxicated drivers financially accountable — whether they’re convicted in criminal court or not.
This is the part most people don’t understand until they’re in the middle of it. When a drunk driver hits you, two legal processes start running on parallel tracks.
The criminal case is between the state of Colorado and the driver. The goal is punishment: fines, jail time, license suspension, probation. The district attorney handles it. You might be called as a witness, but you’re not a party to the case. Even if the driver is convicted, you don’t receive compensation.
The civil case is between you and the driver — and sometimes others, which we’ll discuss in a moment. The goal is compensation: payment for your medical bills, lost income, pain and suffering, property damage, and in some cases punitive damages. This is your case. You control whether to file it, and you receive the settlement or verdict.
These cases operate independently. You can file your civil claim while the criminal case is still pending. You can settle your civil case before the criminal trial happens. And critically, you can win your civil case even if the driver is never criminally convicted.
A DUI conviction makes your civil case easier. It’s powerful evidence. But it’s not required.
The burden of proof in a civil case is lower. In criminal court, the state must prove guilt beyond a reasonable doubt. In civil court, you must prove liability by a preponderance of the evidence — meaning it’s more likely than not that the driver was intoxicated and caused the crash.
We can use other evidence to prove intoxication: police reports, field sobriety test results, breathalyzer or blood test results, witness statements, surveillance footage, the officer’s observations at the scene. Even if criminal charges are reduced or dismissed for procedural reasons, that evidence still exists and can support your civil claim.
There are legitimate reasons a criminal case might not result in a DUI conviction. Evidence might be suppressed due to constitutional violations. The prosecutor might offer a plea deal. The criminal case might still be pending years after you need to file your civil claim. None of that prevents you from pursuing compensation.
Sometimes the drunk driver isn’t the only party responsible for your injuries. Colorado has what’s known as dram shop liability, which allows you to hold alcohol vendors accountable when they over-serve someone who then causes a crash.
Under Colorado law, a bar, restaurant, or other establishment that sells alcohol can be held liable if they knowingly served alcohol to someone who was visibly intoxicated, and that person then injured you in a drunk driving crash.
The key word is “knowingly.” We have to show that the establishment served the driver when it was obvious they were already drunk. Signs of visible intoxication include slurred speech, stumbling, aggressive behavior, bloodshot eyes, or the smell of alcohol. Bartenders and servers are trained to recognize these signs.
We also look at how much the establishment served. If a driver had ten drinks over three hours at one location, that’s relevant. If they were falling off a barstool and the bartender still poured another round, that’s relevant. If other patrons or staff members made comments about how drunk the person was, that’s evidence we can use.
Why does this matter? Because bars and restaurants carry liquor liability insurance, which often has higher policy limits than individual auto insurance. That means more available compensation for serious injuries. And because these businesses have a legal duty to the public not to over-serve, holding them accountable can change behavior and prevent future crashes.
In most car accident cases, damages are compensatory. They’re designed to make you whole: medical bills, lost wages, pain and suffering, property damage. The goal is to restore what you lost.
Drunk driving cases are different. Colorado law allows for punitive damages when the defendant’s conduct was willful, wanton, or showed a conscious disregard for the safety of others. Choosing to drive drunk fits that standard.
Punitive damages aren’t about compensating you for a specific loss. They’re about punishing the defendant and deterring others from similar conduct. They’re a recognition that what happened to you wasn’t just negligence — it was a choice to put others at risk.
Not every drunk driving case will result in punitive damages. We have to prove the driver’s blood alcohol content, their awareness of their impairment, and the recklessness of their decision to drive. But when the facts support it, punitive damages can significantly increase the value of your case and send a clear message that drunk driving has serious financial consequences.
If you’re able to do so safely, certain steps at the scene can strengthen both the criminal case against the driver and your civil claim.
Call 911 immediately. Tell the dispatcher you believe the other driver may be intoxicated. This creates a record and ensures police respond with that possibility in mind.
If you can, observe the other driver’s behavior before police arrive. Are they stumbling? Slurring their words? Do you smell alcohol? Are they trying to hide open containers? Mental notes become witness statements later.
Take photos if you’re physically able. The scene, the vehicles, any visible injuries. If you saw open alcohol containers in the other vehicle, photograph them. If there’s property damage that shows the speed or recklessness of the impact, document it.
Get names and contact information for witnesses. Other drivers, passengers, pedestrians, anyone who saw the crash or interacted with the drunk driver beforehand. Independent witnesses who can describe the driver’s intoxication are valuable.
Request a copy of the police report as soon as it’s available. This report will include the officer’s observations, any field sobriety or chemical tests administered, and the officer’s professional opinion about whether the driver was impaired.
Seek medical attention immediately, even if you don’t think you’re badly hurt. Adrenaline masks pain. Injuries that seem minor at the scene can be serious. And prompt medical treatment creates documentation that links your injuries directly to the crash.
Keep records of everything: medical bills, prescription receipts, mileage to medical appointments, missed work days, therapy sessions, any expense or impact related to the crash. These records form the foundation of your damages claim.
A drunk driving accident claim can include several categories of damages, depending on your specific situation.
Economic damages cover your financial losses. Medical expenses, both past and future: emergency room visits, hospital stays, surgery, physical therapy, medications, assistive devices, home modifications if you’re permanently disabled. Lost wages for time you’ve already missed from work. Lost earning capacity if your injuries prevent you from returning to your previous job or working at the same level. Property damage to your vehicle and any personal property destroyed in the crash.
Non-economic damages compensate for losses that don’t have a receipt. Pain and suffering, both physical and emotional. Mental anguish and psychological trauma. Loss of enjoyment of life if you can no longer participate in activities you loved. Disfigurement or permanent scarring. Loss of consortium if the injuries have damaged your relationship with your spouse.
In appropriate cases, punitive damages act as both punishment and deterrence. These are awarded in addition to compensatory damages when the drunk driver’s conduct was especially egregious.
If a drunk driving crash killed someone you love, you may be entitled to wrongful death damages under Colorado law. These can include funeral and burial expenses, medical bills from the final injury, lost financial support the deceased would have provided, and compensation for the loss of companionship, guidance, and love.
Colorado law generally gives you three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death.
These deadlines are firm. If you miss them, you lose your right to compensation, regardless of how strong your case is or how badly you were injured. The courts will dismiss your case, and you’ll have no legal recourse against the drunk driver.
Three years might sound like plenty of time. It’s not. Building a strong drunk driving case takes investigation, expert analysis, medical documentation, and often extended negotiations with insurance companies. Evidence disappears. Witnesses’ memories fade. The longer you wait, the harder it becomes to prove your case.
Insurance companies know these deadlines. They’ll sometimes delay negotiations hoping you’ll miss the filing deadline. Once that happens, they owe you nothing, and they know it.
If a government vehicle was involved — a city bus, county maintenance truck, or state employee driving on official business — special notice requirements apply, and the deadlines can be much shorter. In some cases, you have as little as 180 days to file a formal notice of claim.
The time to start your case is now. Not next month. Not after the criminal case resolves. Not after you finish medical treatment. Now.
The drunk driver’s insurance company is not your friend. They’re not on your side. Their job is to pay you as little as possible — ideally nothing — regardless of what their insured driver did to you.
They’ll call you soon after the accident. They’ll sound sympathetic. They’ll say they just want to “get your side of the story” or “help speed up the process.” What they’re actually doing is looking for statements they can use against you later.
You’re not required to give a recorded statement to the other driver’s insurance company. In fact, you shouldn’t. Anything you say can and will be taken out of context, misinterpreted, or used to minimize your claim. If you’re uncertain about the extent of your injuries or how the crash happened, an early recorded statement can come back to haunt you.
They’ll make quick settlement offers. Sometimes within days of the crash, before you’ve even seen all your medical bills. These offers are designed to close your claim cheaply before you understand what your case is actually worth. Once you sign a release and cash their check, you cannot come back later for more money, even if your injuries turn out to be worse than you thought.
Your own insurance company is different. You do have a duty to cooperate with your insurer and report the accident promptly. But be careful. Your statements to your insurance company can sometimes be shared with the other driver’s insurer. And if you’re making an underinsured motorist claim — because the drunk driver didn’t have enough insurance to cover your damages — your own insurance company becomes an adversary fighting against paying you.
Not all car accidents are the same. A drunk driving crash carries a moral weight that changes how juries, insurance companies, and courts view your case.
When someone runs a red light because they were distracted, that’s negligence. It’s wrong, and they should be held accountable. But drunk driving is a choice. The driver chose to drink. Chose to get behind the wheel. Chose to put everyone else on the road at risk. That deliberate decision makes these cases different.
Juries in Colorado Springs understand this. They live here. They know someone who’s been affected by a drunk driver. They’ve seen the news stories. They have strong feelings about people who drive impaired. That matters when a case goes to trial.
Insurance companies know it too. They know a drunk driving case has higher settlement value because if it goes to a jury, the verdict could include punitive damages. That knowledge gives us leverage in negotiations.
The evidence in drunk driving cases is often stronger than in typical accident claims. Police reports are more detailed. There are chemical test results. Field sobriety videos. Officer testimony about the driver’s impairment. This isn’t a “he said, she said” situation where both drivers claim they had the green light. The drunk driver’s impairment is documented fact.
Serious drunk driving crashes often involve multiple sources of potential compensation. We investigate all of them.
The drunk driver’s auto insurance is the obvious starting point. Colorado requires minimum liability coverage, but many drivers carry more, especially if they own a home or have assets to protect.
If the driver was working at the time of the crash — making a delivery, driving a company vehicle, running a work errand — their employer’s commercial auto policy may provide additional coverage. Employers can be held vicariously liable for employees’ negligence committed within the scope of employment.
If a bar, restaurant, or liquor store over-served the driver, their liquor liability insurance comes into play. These policies exist specifically to cover damages from over-service situations.
If the drunk driver didn’t have insurance or didn’t have enough to cover your damages, your own uninsured/underinsured motorist coverage provides a safety net. This is coverage you’ve paid for, and you’re entitled to use it when an at-fault driver can’t fully compensate you.
In hit-and-run drunk driving cases where the driver fled and was never identified, uninsured motorist coverage may be your only option for compensation.
Each insurance policy has its own limits, requirements, and deadlines. Identifying all available coverage and maximizing recovery from each source requires experience with multi-party injury claims.
The sooner you talk to us, the more we can do to protect your rights and build your case.
We investigate while evidence is fresh. We visit the crash scene and take our own photographs. We interview witnesses before their memories fade. We obtain surveillance footage from nearby businesses before it’s automatically deleted. We consult with accident reconstruction experts who can analyze tire marks, vehicle damage, and impact dynamics.
We handle all communication with insurance companies. They don’t get to call you at home and pressure you for statements. They don’t get to make lowball offers directly to you, hoping you don’t know better. Every conversation goes through us.
We document your damages thoroughly. We work with your medical providers to ensure your treatment is properly recorded and billed. We bring in economic experts to calculate future lost earnings if you can’t return to work. We build a complete picture of how this crash has affected every aspect of your life.
We demand full compensation. Not the first offer. Not a quick nuisance settlement. The full value of what you’ve lost and what you’re entitled to under Colorado law. And if the insurance company won’t offer that, we’re prepared to take your case to trial.
You don’t have to wait for an arrest. You don’t have to wait for charges to be filed. You don’t have to wait for a conviction. Your right to compensation exists independently of what happens in criminal court.
The criminal justice system moves slowly. Drunk driving prosecutions can take months or years to resolve. Plea negotiations, continuances, motions to suppress evidence — all of that happens on a timeline you don’t control. Meanwhile, you have medical bills due now. You have mortgage payments and car payments and everyday expenses that don’t wait for a verdict.
Your civil case moves on your timeline. We can file suit, conduct discovery, negotiate settlement, even go to trial while the criminal case is still pending. We don’t need permission from the district attorney. We don’t need to coordinate with the criminal prosecutor. Your case is yours.
Will the criminal case affect your civil case? Sometimes. A conviction can be introduced as evidence in your civil trial. A plea agreement might include admissions we can use. Testimony from the criminal case can become part of the civil record. But we’re not dependent on the criminal system to prove your civil claim.
What matters is this: someone made a choice that hurt you. You have the right to hold them accountable. You have the right to be compensated. That right doesn’t disappear because the criminal system is slow or imperfect.
McCormick & Murphy represents drunk driving accident victims throughout the Pikes Peak region. We work with clients in Colorado Springs, Briargate, Gleneagle, InterQuest, University Village, Pulpit Rock, Stetson Hills, Banning Lewis Ranch, Falcon, Meridian Ranch, Stratmoor, Stratton Meadows, Security-Widefield, Widefield, Broadmoor, Broadmoor Bluffs, Broadmoor Glen, Cheyenne Meadows, Ivywild, Fort Carson, Star Ranch, Skyway, Old Colorado City, Manitou Springs, Rockrimmon, Mountain Shadows, Oak Valley Ranch, Cedar Heights, Garden of the Gods, Springs Ranch, Wolf Ranch, Woodmen Hills, Cordera, Village Seven, Vista Grande, Wagon Trails, Sundown, University Park, Spring Creek, and Rustic Hills.
We know the local courts. We know the judges. We know how insurance companies operate in this area and what tactics they use to undervalue claims. That local knowledge matters when we’re negotiating your settlement or presenting your case to a Colorado Springs jury.
If a drunk driver injured you or someone you love, you have decisions to make. Waiting isn’t one of them.
Evidence is disappearing. Witnesses are harder to find. The insurance company is already building a defense against your claim. Every day you wait is a day they’re using to prepare to pay you less.
You need to know what your case is worth. You need to know what evidence exists and how to preserve it. You need to know what the insurance company is really offering and whether it’s fair. You need someone in your corner who’s done this before and knows how to fight for full compensation.
Call McCormick & Murphy at 719-389-0400. Tell us what happened. We’ll explain your rights, answer your questions, and give you honest advice about your case. There’s no fee for the conversation, and no obligation to hire us. You’ll simply know more than you do right now about your options and what comes next.
You didn’t choose this. But you do get to choose what happens next. You can let the insurance company handle it — and trust that they’ll treat you fairly. Or you can make them prove every dollar, defend every denial, and justify every lowball offer.
The criminal case is about punishment. Your civil case is about making you whole. Both matter. And you deserve both.
Yes. Criminal charges and civil lawsuits are completely separate legal processes that operate independently. The criminal case is handled by the district attorney and focuses on punishing the driver through fines, jail time, or probation. Your civil lawsuit is about getting you compensated for your medical bills, lost wages, pain and suffering, and other damages. You can file your civil case while criminal charges are pending, and you can settle or go to trial in civil court regardless of what happens in the criminal case. You don’t need to wait for a criminal conviction to pursue your right to compensation.
Colorado’s dram shop law allows you to hold bars, restaurants, and other alcohol vendors liable if they knowingly served someone who was visibly intoxicated and that person then caused your injuries. We investigate whether the establishment continued serving the driver when they showed obvious signs of intoxication like slurred speech, stumbling, or aggressive behavior. If we can prove the vendor over-served the driver, their liquor liability insurance becomes an additional source of compensation beyond the driver’s auto policy. This is especially important in serious injury cases where the drunk driver’s insurance limits aren’t enough to cover your full damages.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death. If you miss these deadlines, you lose your right to compensation permanently, no matter how strong your case is. Insurance companies know these deadlines and sometimes delay negotiations hoping you’ll run out of time. Special rules apply if a government vehicle was involved, with notice deadlines as short as 180 days in some cases. The time to start building your case is now, not after the criminal case resolves or after you finish medical treatment.
You can recover economic damages including all medical expenses past and future, lost wages, lost earning capacity if you can’t return to your previous work, and property damage to your vehicle. You’re also entitled to non-economic damages for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. Because drunk driving involves willful and wanton conduct, Colorado law also allows punitive damages designed to punish the driver and deter others from similar behavior. If the crash killed a loved one, wrongful death damages can include funeral expenses, medical bills from the final injury, lost financial support, and compensation for loss of companionship and guidance.
No. You can file and win your civil case without waiting for a criminal conviction. While a DUI conviction makes proving your civil case easier because it serves as strong evidence, it’s not required. The burden of proof is lower in civil court — we only need to show it’s more likely than not that the driver was intoxicated and caused the crash. We can use police reports, field sobriety test results, breathalyzer or blood test results, witness statements, and officer observations as evidence even if the criminal case ends in a plea deal, dismissal, or is still pending. Your right to compensation exists independently of the criminal justice system.
Yes, drunk driving cases are among the most appropriate situations for punitive damages under Colorado law. These damages are available when the defendant’s conduct was willful, wanton, or showed conscious disregard for others’ safety. Choosing to drive drunk meets that standard. Punitive damages go beyond compensating your actual losses — they’re designed to punish the drunk driver and send a message that this behavior has serious financial consequences. We have to prove the driver’s blood alcohol content, their awareness of their impairment, and the recklessness of their decision to drive, but when the facts support it, punitive damages can significantly increase the total value of your case.
Even the most responsible drivers aren’t safe from accidents caused by others, and drunk drivers are among the most dangerous on the road. According to the Centers for Disease Control and Prevention (CDC), drunk drivers cause tens of thousands of deaths annually nationwide, with Colorado seeing hundreds of DUI-related fatalities each year.
At McCormick & Murphy, P.C., our Colorado Springs drunk driving accident attorneys understand how terrifying and infuriating being involved in a crash with an impaired driver can be. If you or a loved one has been injured by a drunk driver, our experienced legal team can provide the skilled representation you need to secure fair compensation and justice.
Every year in Colorado, thousands of driving under the influence (DUI) arrests occur, resulting in hundreds of deaths and injuries. According to the Colorado State Patrol and Department of Public Safety, 2016 and 2017 each saw more than 500 drunk driver-involved deaths and injuries.
The Colorado Department of Transportation reports nearly 60 people are arrested for drunk driving in our state daily. In 2023, Colorado recorded 236 alcohol-related traffic fatalities, representing about 31% of all traffic deaths statewide.
Colorado law punishes drunk driving with both criminal penalties and administrative sanctions. Under Colorado’s Express Consent Law, drivers automatically consent to chemical testing when suspected of DUI. First-time offenders face Class A misdemeanor charges with penalties including:
However, many argue these penalties aren’t harsh enough, as first-offense DWI charges rarely result in significant jail time. Regardless of criminal consequences, if you’re involved in a crash with a drunk driver, you maintain the right to pursue civil action for damages.
Being hit by a drunk driver can be devastating and often results in severe consequences. Many drunk driving crashes occur head-on and at high speeds, resulting in catastrophic injuries.
In addition to property damage costs, victims of drunk driving crashes may suffer serious injuries, including:
These injuries often require extensive medical treatment, lengthy rehabilitation, and may lead to permanent disability. Beyond physical injuries, victims frequently suffer lost wages, diminished earning capacity, and significant emotional distress that impacts their quality of life.
If you’re involved in a crash with a drunk driver, you have the right to pursue a civil action against them to recover the full extent of your damages. In Colorado, you may be entitled to several types of compensation:
Any costs related to damage to your vehicle or other personal property damaged in the accident can be recovered through a claim against the drunk driver or their insurance company. This includes your vehicle, personal belongings, electronic devices, and other items damaged in the crash.
Medical costs typically form the largest portion of a drunk driving accident claim. You deserve compensation for all medical expenses, including:
Lost wages and diminished earning capacity can also be substantial. If your injuries prevent you from working temporarily or permanently, you’re entitled to compensation for these economic losses.
The non-financial effects of a serious crash can be significant. Compensation may cover:
Unlike compensatory damages that reimburse actual losses, punitive damages are designed to punish the drunk driver and deter similar behavior. Colorado law (C.R.S. § 13-21-102) allows punitive damages up to three times the amount of actual damages when the defendant’s conduct is found to be willful and wanton. Colorado courts frequently consider drunk driving to meet this standard.
In some cases, you may have claims against parties beyond the drunk driver. Colorado’s dram shop laws (C.R.S. § 12-47-801) allow for liability against:
These additional sources of liability can be crucial if the drunk driver is underinsured.
Filing a successful claim against a drunk driver requires more than simply reporting the accident. To maximize your compensation, you must establish certain legal elements.
To win your civil action, you must prove:
The burden of proof in civil cases is “by a preponderance of the evidence” (more likely than not), which is significantly lower than the “beyond a reasonable doubt” standard in criminal cases.
Evidence that can strengthen your claim includes:
Our Colorado Springs drunk driving accident attorneys at McCormick & Murphy understand how to gather compelling evidence and build a persuasive case that clearly establishes negligence and liability.
After a drunk driving accident, navigating the insurance process can be complex. Colorado follows a “fault” insurance system, meaning the at-fault driver’s insurance is primarily responsible for covering damages. However, drunk driving crashes often involve special considerations:
Having experienced legal representation during this process is crucial to ensure fair treatment and maximum compensation.
If you’ve been involved in an accident with a drunk driver, you deserve compensation and justice. At McCormick & Murphy, P.C., our experienced DUI injury lawyers know how to secure the results our clients deserve.
Our approach includes:
For your free consultation with our Colorado Springs drunk driving accident law firm, please call us directly today at 719-389-0400 or contact us online to tell us more about your accident and injuries.
Being involved in a drunk driving accident can be overwhelming. If you find yourself in this situation, it’s crucial to ensure your safety first and then contact law enforcement. After addressing any immediate medical needs, it’s advisable to consult with a Denver drunk driving accident lawyer. Our experienced attorneys can guide you through the legal process, helping you understand your rights and the steps to take next.
Compensation in drunk driving accident cases varies based on the specifics of each case. Generally, victims may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and more. Our skilled Denver drunk driving accident lawyers work diligently to evaluate your case and fight for the maximum compensation you’re entitled to.
If you’ve been affected by a drunk driving accident, don’t hesitate to seek legal advice. Reach out to us for a detailed discussion of your case and find out how we can help. Schedule your consultation with our team by contacting us today.
Immediate Neighborhood (0.1-2 miles):
Close Proximity (2-5 miles):
Within 5-10 miles:
Within 10-15 miles:
We provide convenient and exceptional legal services to personal injury victims throughout the state of Colorado, we have offices in:
Fill out the form and we will contact you ASAP!
Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
© 2026 McCormick & Murphy, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions