No matter where it happens in the U.S., drunk driving has the potential to destroy lives. After having one or more drinks, drivers can’t respond fast enough to other vehicles on the road. Even worse, they are likely to drive recklessly, instantly increasing the risk of causing a massive and devastating accident.
Driving under the influence of alcohol or drugs is a serious offense. Colorado categorizes drunk driving offenses into DUI and DWAI (driving under the influence and driving while ability impaired). DUI charges are applied when a driver’s blood alcohol content (BAC) reaches or exceeds 0.08%, which is the legal limit.
DWAI charges are slightly less severe and apply to drivers with a BAC below the legal limit. DWAI is more specific to the substance that is impacting the driver’s ability to drive and less to the BAC.
What to Do If You Are Injured Because of a Drunk Driver?
If you are injured in a car crash caused by a drunk driver, you may be entitled to sue them for compensation. Colorado allows victims to do this by filing a civil lawsuit. Your civil case will be separate from any criminal charges the state may bring against the at-fault drunk driver.
Filing a legal case will allow you to recover some of the unavoidable expenses you will have after sustaining your injuries. This includes paying for medical treatment and filling the gap by not earning a salary, if you cannot work after the accident.
It is also possible for you to claim compensation for other losses or damages, including pain and suffering.
The foundation of your legal case is likely to be negligence. This means that your claim will state that the drunk driver owed you a duty of care as a fellow road user. When they got behind the wheel of their car under the influence, they breached this duty.
Moreover, when they crashed into your car, their negligence (drunk driving) directly resulted in your injuries and other damages. This is one of the most crucial aspects of your civil case: you must prove that drunk driving played the biggest role in causing the accident.
At the same time, you must note that even if the drunk driver is eventually convicted of a DUI, it does not automatically mean a win for you. The burden of proof remains on you to present the evidence showing negligence and a link between that negligence and your injuries.
Building Your Legal Case
If you want a better chance of winning your compensation case, you must do your best to gather the needed evidence. This starts right after the accident when you seek medical treatment.
It is critical to get a medical evaluation directly after the accident, even if you believe you are not severely injured. Some injuries may not be evident immediately, so it is important to get checked out by a doctor.
Furthermore, the hospital will provide you with a copy of your medical records. This is the best way to link the accident and, by default, the driver’s negligence to your injuries.
You should also contact the police to inform them of the accident immediately. When the responding officer has completed their accident report, ask them for a copy. Your lawyer will need this to help build your case.
Ideally, you want to note everything that happens right after the accident. You may not think of doing this because of the shock, but as soon as you calm down, you should start documenting things. This includes taking photos of the accident and getting the driver’s contact information.
If the accident is a hit-and-run, you must also inform the police. You may not be able to collect any information, but until the police find the driver, you can claim from uninsured motorist insurance.
You must also contact your insurance company and inform them of the accident. If possible, you should let your lawyer handle this process. Insurance companies notoriously use client statements against them when paying out claims.
If your lawyer handles the communication, it minimizes the risk of reduced payout.
Why You Need a Lawyer?
You may be tempted to navigate the legal process on your own, but this is generally a bad idea.
Hiring an experienced personal injury lawyer immediately gives you an advantage. A lawyer will review your case and inform you of any weaknesses. They will also explain all your legal options.
Personal injury lawyers understand the relevant laws inside out, so they can also present you with possible outcomes.
When you decide to proceed with your lawsuit, your lawyer will draft a formal complaint letter detailing the accident and the damages you seek. The lawyer will find the complaint, which officially initiates your legal case.
Following this, you and the at-fault party can gather and ask for more information. This is called the ‘discovery’ process, and it is meant to highlight evidence and information relevant to the case.
Settlement or Trial
Legal proceedings are never a pleasant experience. However, most personal injury cases are settled outside of court, which typically means a shorter resolution time. Your lawyer will work with the drunk driver’s insurance company to negotiate a fair settlement. This is also the most cost-effective solution to most personal injury case resolutions.
If no settlement is reached, your case must go to trial. Your lawyer will represent you and present evidence and arguments as to why you need to be compensated. After the trial, a judge or jury will decide on the outcome.
Depending on the damages you seek, they will either award economic damages, non-economic damages, or both. Punitive damages may be awarded in severe cases, but this rarely happens.
Always Consider Your Legal Options
There is no reason to let a drunk driver get away with breaking the law, considering all the options you have. By acting fast and hiring a personal injury lawyer, you can hold a drunk driver accountable for their actions and receive compensation for your losses and expenses.