Drunk Drivers Leave Behind Serious Injuries – And Many Questions
In case you need a refresher as to why drunk driving is so dangerous and irresponsible, just look at the aftermath of a DUI accident with injuries.
When a Colorado Springs driver gets behind the wheel after one – or five – too many, tragedy is often the result. Almost every day on Colorado’s roads and highways, intoxicated drivers cause catastrophic and life-changing injuries and the senseless deaths of innocent victims. DUI accidents with injuries leave behind individuals and families struggling with pain, disability, worry, and anger.
In addition to those overwhelming challenges and intense emotions, drunk driving injury victims also have lots of questions about what to do next, what to expect, and how they can move forward.
When we meet with those whose lives have been upended by a DUI accident with injuries, we take the time to answer their questions and develop a plan to hold the drunk driver accountable and obtain the maximum amount of compensation available for the damage they caused.
Here are five of the most common questions we get about DUI accidents with injuries in Colorado.
1. DUI accident with injuries: What should I do right after a drunk driver hits me?
After a drunk driving accident in Colorado Springs, just as with any car accident, the very first thing you should do is call 911 and seek immediate medical attention. Get contact and insurance information from the other driver, if possible. If you can, take photos of the scene and the vehicles involved, and get the names and contact information of anyone who saw the incident.
Then, as soon as you are able, call a Colorado Springs personal injury attorney to discuss your accident.
2. How do drunk driving accident injury claims work?
Driving under the influence of alcohol or drugs is an extreme form of negligence in Colorado. As such, those injured by such conduct can hold the other driver accountable just as they could if he or she had engaged in other reckless driving behaviors, such as tailgating, speeding, or distracted driving.
3. How do criminal DUI charges against the other driver affect my DUI accident with injuries case?
If the responding Colorado police officers arrested the other driver for driving under the influence, that driver will face criminal charges. While your car accident lawyer will, in consultation with you, decide as to whether and when to file your car accident lawsuit against the drunk driver.
Both your car accident injury case and the drunk driving criminal case can move forward at the same time. If the negligent driver pleads guilty or receives a conviction for DUI, that can have a significant impact on your car accident injury lawsuit.
In a Colorado car accident lawsuit, the injury victim needs to prove that the other driver acted negligently, that their negligence caused the accident and your injuries, and that you suffered damages as a result. In many car accident lawsuits, the other driver’s alleged negligence can be a matter of considerable dispute. Both sides may present conflicting evidence and testimony about what exactly happened and who was to blame for the accident.
However, if the other driver was intoxicated and is subsequently convicted of driving under the influence, proving that they were negligent becomes a lot easier. The drunk driver has pretty much established his or her negligence for you.
4. Can I use evidence against the drunk driver from their criminal case in my injury case?
Drunk driving accident victims can use the evidence Colorado Springs prosecutors use to obtain a DUI conviction — police reports, field sobriety tests, blood, breath, or chemical tests, witness statements, etc. — to prove negligence in their injury lawsuit.
If prosecutors ultimately convict the driver of driving under the influence or if the driver pleads guilty, the plaintiff can leverage that conviction or plea as conclusive evidence that the driver was negligent.
Even if the driver is not charged or convicted of DUI, the best car accident attorneys know how to still use any evidence of alcohol in the driver’s system as part of the effort to prove that the driver was impaired at the time of the collision.
5. Other than the drunk driver, can I hold anyone else responsible for my injuries and damages?
If the intoxicated driver was uninsured or underinsured, they likely won’t have the money to pay for your injuries and losses. But in certain circumstances, injury victims can hold other individuals or businesses responsible for the driver’s intoxicated state and their decision to get behind the wheel.
Colorado’s “dram shop” law provides that licensed alcoholic beverage vendors, such as bars and restaurants and the bartenders and servers who work there, can be civilly liable for injuries and property damage caused by “the intoxication of any person due to the sale or service of any alcohol beverage” if “the licensee willfully and knowingly sold or served any alcohol” to a person under age 21 or someone who was “visibly intoxicated.”
Similarly, drunk driving victims can hold “social hosts,” such as individuals who throw a party at their home, liable for their injuries and losses if they knowingly serve alcohol to minors or knowingly provide a place for minors to consume alcohol.
An injured plaintiff must bring any such claim against a licensee or social host within one year of the date of the alleged sale or event, and Colorado law limits damages recoverable against such defendants to $150,000.
DUI Accident With Injuries? Speak With a Colorado Springs Car Accident Attorney Today
Drunk driving causes tens of thousands of senseless deaths and injuries every year. If you have been a victim of such irresponsible behavior, make sure you have an experienced Colorado Springs car accident attorney on your side. Your lawyer can help you through this challenging time and get you the compensation you need to recover and move forward with your life.
