This is who you can sue for a DUI accident in Denver

Denver, CO – One-third of all traffic fatalities in Colorado occur in DUI accidents. That’s more than 200 people killed by drunk drivers, not to mention the thousands of people injured in this type of crash every year.

If you want to get justice and the compensation that you and your family deserve, you should contact a trustworthy DUI accident lawyer in Denver as soon as possible.

File a claim against the drunk driver’s insurance

Colorado is an at-fault state, so you will have to file a claim against the insurance company representing the drunk driver, if he has insurance, that is. The insurance company won’t be too happy to pay for their client’s drinking so they’ll take it out on you, by trying to minimize the value of your claim. Tell them you know your rights or, better yet, leave more experienced Colorado DUI accident lawyers to deal with the insurance representative.

Sue the drunk driver

If the drunk driver had a BAC of 0.08% or higher, he or she will face criminal DUI charges. If their BAC was between 0.05 and 0.08%, they may be charged with a DWAI, or driving while ability is impaired.

However, you have to file a civil case to recover damages as these are not awarded in a criminal trial. Your lawyers may decide to wait until the end of the criminal trial as a conviction will make their job easier. Yet, you can still file a civil case even if the drunk driver is not convicted in the criminal trial as in a civil case the burden of proof is lower. Your lawyers will have to show that there’s enough evidence the driver was most likely drunk, while in a criminal case the charges must be proved beyond any reasonable doubt.

Suing the other driver is often the preferred option as in a trial you can also get punitive damages.

Use the Dram Shop law

Under Colorado’s Dram Shop law, you can sue the vendor who provided alcohol to:

• A driver under the age of 21, even if they didn’t know he or she was underage
• A patron who is visibly intoxicated

In such a case, it is vital to have your DUI accident lawyers on the case as soon as possible. They will have to secure surveillance camera footage to prove exactly what happened inside that bar or restaurant. Also, your lawyers may have to locate witnesses who can testify the driver that hit you was visibly drunk. They can describe his behavior, slurred speech, or inability to walk in a straight line.

Keep in mind that the statute of limitations for lawsuits under the Dram Shop law is just one year from the date of the accident.

If your accident was caused by a person under the age of 21 you may also use the Social Host laws. You can sue any adult who served alcohol to a minor or allowed them to drink on their property.

The amount of damages you can get under the Dram Shop or Social Host laws is capped at $150,000.

However, you can sue both the drunk driver and the owner of the establishment where he or she got drunk.

If you were recently injured or lost someone in a DUI accident, you should contact a knowledgeable lawyer at the Bryan & Terrill law firm to see how you can recover damages.

Contact info:

Bryan & Terrill

333 W. Hampden Ave., #420B

Englewood, CO 80110

(720) 923-2333