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Colorado Springs Drunk Driving Accident Lawyers

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.

Drunk Driving Accidents in Colorado

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:

  • 5 days to 1 year in jail
  • $600-$1,000 in fines
  • 48-96 hours of community service
  • License suspension up to 9 months
  • Alcohol education requirements

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.

Damages Caused By a Drunk Driving Accident in Colorado Springs

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:

  • Traumatic brain injuries
  • Internal organ damage
  • Bone fractures and orthopedic injuries
  • Spinal cord injuries resulting in paralysis
  • Facial trauma and disfigurement
  • Soft tissue injuries
  • Psychological trauma including PTSD

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.

Holding a Drunk Driver Liable for Harm

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:

Property Damage Expenses

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 Expenses and Other Economic Damages

Medical costs typically form the largest portion of a drunk driving accident claim. You deserve compensation for all medical expenses, including:

  • Emergency room treatment
  • Hospital stays
  • Surgeries
  • Physician visits
  • Prescription medications
  • Physical therapy
  • Future medical care

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.

Noneconomic Losses

The non-financial effects of a serious crash can be significant. Compensation may cover:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Psychological trauma
  • Anxiety and fear
  • Permanent disfigurement or disability

Punitive Damages

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.

Third-Party Liability Claims

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:

  • Bars, restaurants, or liquor stores that served alcohol to a visibly intoxicated person
  • Social hosts who knowingly provided alcohol to minors
  • Employers who knew an employee was intoxicated but allowed them to drive a company vehicle

These additional sources of liability can be crucial if the drunk driver is underinsured.

What You’ll Need to Prove in a Drunk Driving Accident Claim

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:

  1. Duty of care: The drunk driver owed you a duty to operate their vehicle safely
  2. Breach of duty: By driving while intoxicated, they breached this duty
  3. Causation: Their impaired driving directly caused the accident
  4. Damages: You suffered actual damages as a result

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:

  • Police reports documenting the driver’s intoxication
  • Blood alcohol content (BAC) test results
  • Criminal conviction for DUI
  • Eyewitness testimony
  • Video footage of the accident or the driver’s behavior
  • Expert testimony regarding accident reconstruction

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.

The Insurance Claims Process After a Drunk Driving Accident

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:

  1. Criminal proceedings impact: The criminal case against the drunk driver can delay but ultimately strengthen your civil claim
  2. Coverage disputes: Insurance companies may attempt to deny coverage for intentional acts
  3. Policy limits: Severe injuries often exceed the drunk driver’s policy limits
  4. Underinsured motorist coverage: Your own policy may provide additional compensation when the at-fault driver lacks adequate coverage
  5. Bad faith insurance practices: Insurers sometimes unreasonably delay or deny valid claims

Having experienced legal representation during this process is crucial to ensure fair treatment and maximum compensation.

Call Our Colorado Springs Drunk Driver Accident Lawyers Today

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:

  1. Thorough investigation of the accident scene and circumstances
  2. Gathering compelling evidence including police reports and medical documentation
  3. Consulting with expert witnesses when necessary
  4. Calculating the full extent of your current and future damages
  5. Aggressive negotiation with insurance companies
  6. Prepared litigation if fair settlement cannot be reached

For your free consultation with our Colorado Springs drunk driving accident law firm, please call us directly today at (719) 419-8510 or contact us online to tell us more about your accident and injuries.

Frequently Asked Questions

What should I do if I'm involved in a drunk driving accident in Colorado Springs?

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.

What compensation can I expect from a drunk driving accident lawsuit in Colorado Springs?

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.

How can I schedule a consultation with a drunk driving accident attorney?

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.

Additional Information in Colorado Springs, Colorado

  • NHTSA – Drunk Driving Statistics and Resources The National Highway Traffic Safety Administration (NHTSA) provides comprehensive statistics and resources on drunk driving. This page offers detailed information about the dangers of drunk driving and the legal implications, including blood alcohol concentration (BAC) limits. It’s a valuable resource for understanding the scope of drunk driving incidents and preventative measures.
  • MADD – Victim Assistance Mothers Against Drunk Driving (MADD) offers support and assistance to victims of drunk driving. This resource is particularly helpful for individuals seeking emotional support and guidance after experiencing a drunk driving incident. MADD provides a range of services, including a 24-hour helpline, to assist victims and their families.
  • Responsibility.org – Drunk Driving Solutions The Foundation for Advancing Alcohol Responsibility offers insights into current trends and policy initiatives to stop impaired driving. This page discusses various solutions and practices to reduce fatalities and injuries caused by drunk drivers. It’s a valuable resource for understanding efforts to combat drunk driving.

Drunk Driving Accident Attorney Services