Unfortunately, drunk driving accidents are all-too-common in the State of Colorado. When drivers get behind the wheel of a car after consuming too much alcohol, the results can be devastating and sometimes deadly. Drunk driving can result in both criminal and civil penalties in Colorado. If you or someone you love was injured or killed in a motor vehicle accident that was caused by a drunk driver, you may be entitled to monetary compensation under the law.
A Denver drunk driving accident lawyer may be able to assist you with your case and help you to obtain monetary compensation for your injuries and damages. An experienced drunk driving attorney can discuss the facts and circumstances of your accident with you and negotiate with the insurance company on your behalf. If the insurance company is unwilling to put a reasonable settlement offer on the table, an experienced lawyer may be able to litigate your case for you or take it to trial, if necessary.
Legal Limit in Colorado
A person’s blood alcohol concentration – or BAC – refers to the quantity of alcohol pulsing through a person’s bloodstream after drinking an alcoholic beverage. In the State of Colorado, the legal BAC limit for drivers over the age of 21 is 0.08 percent for Driving Under the Influence, while the legal BAC limit for Driving While Ability is Impaired is 0.05.The legal limit for drivers under 21 years of age is 0.02 percent.
Local Negligence Laws
In order to prove negligence on the part of a drunk driver, the injured plaintiff must prove the following elements:
- Causation (factual and legal)
Every driver owes a duty to other drivers on the roadway to act in a careful and reasonably prudent manner while behind the wheel of a motor vehicle. When a driver gets behind the wheel after drinking too much, or while legally intoxicated or under the influence, then that driver has breached the duty of reasonable care. Therefore, when a drunk driver causes a motor vehicle accident which results in injuries to another driver, then the drunk driver can be deemed ‘at fault,’ or negligent, for causing the motor vehicle accident.
Although the injured plaintiff is suing the drunk driver, the drunk driver’s motor vehicle insurance policy will usually provide the coverage necessary to compensate the injured plaintiff for damages sustained. An experienced Denver drunk driving accident lawyer may be able to negotiate with the drunk driver’s insurance company and obtain a favorable settlement offer.
Types of Damages Available to the Injured
Injured accident victims in drunk driving cases may be able to receive some or all of the following damages as part of a personal injury lawsuit recovery:
- Medical bills
- Lost wages
- Past, present, and future pain and suffering
- Mental anguish and emotional distress
- Causally related psychological or psychiatric treatment
- Loss of earning capacity
- Loss of consortium, companionship, or spousal support
- Punitive damages
Speaking with a Lawyer
If you have been injured in a motor vehicle collision that was caused by the recklessness and carelessness of a drunk driver, you may be entitled to monetary compensation under Colorado law. Since most insurance companies try to severely limit their liability in a personal injury car accident case, it is essential that you have a knowledgeable attorney on your side representing you throughout your case. You should feel free to contact an experienced Denver drunk driving accident lawyer at any time, via telephone or email, for a free initial consultation.