Yes. If you've been injured by a drunk driver in Colorado, you may be entitled to compensation for your losses, and you have the right to seek compensation for your injuries and damages.
Colorado's Dram Shop Law
Under Colorado's Dram Shop Law, victims have the right to seek legal action not only against the intoxicated driver but also, in certain situations, against the establishment that provided the alcohol. A dram shop refers to a business that sells alcoholic beverages for consumption either on-site or off-site. This includes:
- bars,
- restaurants,
- liquor stores, and
- even grocery stores that sell alcohol.
These laws are designed to encourage responsible alcohol service and deter establishments from overserving patrons. This law applies in the following instances:
- Over-service. The establishment served alcohol to a patron who was already visibly intoxicated or knew or should have known was intoxicated.
- Minors. The establishment served alcohol to a minor.
- Prohibited persons. The establishment served alcohol to a person who is prohibited from consuming alcohol by law, such as a person under a court-ordered alcohol ban.
It is also important to note that social hosts can be held liable for their drunk guests. If a guest overindulges or is overserved, the host of the event should invite them to stay or offer to get them a cab rather than let them drive. In cases where guests drive drunk and get in accidents, the host will be liable for the injured parties.
Filing a Lawsuit Against a Drunk Driver
Statute of Limitations
In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. However, it's advisable to start the process as soon as possible while the evidence is fresh and the witnesses' memories are clear.
Establishing Negligence When Suing Drunk Drivers & Dram Shops
To successfully sue a drunk driver, you must prove:
- The driver had a duty of care (to operate their vehicle safely). The driver was negligent in operating the vehicle while intoxicated.
- The driver breached that duty (by driving while intoxicated). In suits against dram shops, they breach their duty by over-serving a person or violating dram shop laws.
- This breach caused your injuries. You must establish a proximate cause, which means that the breach of duty (i.e., the intoxication and/or over-service) led to the accident and your injuries.
- You suffered damages as a result. You need to prove that you have sustained financial losses because of the incident.
Types of Compensation You Can Seek
Victims of drunk driving accidents in Colorado may be eligible for various types of compensation, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Punitive damages (in cases of extreme recklessness)
Comparative Negligence
Colorado follows a modified comparative negligence rule. If you are found to be 50% or more at fault for the accident, you cannot recover damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
For instance, let’s say you’re driving home late from a party. While you’re not drunk, you are drowsy. Because of your fatigue, you don’t notice the drunk driver’s failure to yield. In this case, you may be assigned a portion of the fault for the accident.
If you are injured in a drunk driving accident, contact Law Office of Joseph A. Lazzara, P.C. at (720) 809-8262 for comprehensive counsel.