Can I Sue the Drunk Driver Who Caused My Accident in Colorado?

 Posted on May 05, 2025 in Car Accident

If you suffered injuries or property damage because of a drunk driving accident caused by someone else in Colorado, you are entitled to recover the costs related to all the damages you incurred. You typically have multiple legal avenues, including filing a lawsuit against the drunk driver and possibly the establishment that served them. Working with an experienced Fort Collins, CO drunk driving accident attorney ensures you understand the laws that apply to your case and the damages you can claim.

What Is Colorado’s Dram Shop Law?

Colorado, like many other states, has a Dram Shop Law that affords victims of drunk drivers the right to take legal action against the drunk driver and sometimes even the business that provided alcohol to the driver. Restaurants, liquor stores, bars, and any store that sells alcohol could qualify as a dram shop, and under the Colorado Revised Statutes, you could sue if the circumstances call for it. For example, the law applies if any of the following is true of the drunk driver in your case:

• They were overserved at an establishment despite being visibly intoxicated or reasonably assumed to be intoxicated.

• They were a minor who was served or sold alcohol by a business.

• An establishment served them alcohol despite them being legally prohibited from consuming it for any other reason.

The purpose of these laws is to deter businesses from irresponsibly serving alcohol and to allow the victims of drunk drivers to hold all liable parties accountable for their part in an accident.

How Do You Establish Negligence When Suing a Drunk Driver in Colorado?

When suing someone under personal injury law, you bear the responsibility of proving negligence. To do so successfully, you must show that the driver owed you a duty of care. Then, you must show that the driver breached their duty by driving drunk. If you are suing a dram shop, its violation of dram shop laws would constitute a breach of duty. Finally, you must show that the breach of duty resulted in the accident that caused your injuries and damages. When you work with an attorney, they will gather the evidence needed to prove each element of negligence.

What Damages Can You Claim When Suing a Drunk Driver in Colorado?

The actual losses from a drunk driving accident can vary significantly for victims, but in general, you have the right to claim all economic and non-economic damages associated with the case. This can include the following:

• All your medical expenses, including the cost of future care

• The income you lost from not being able to work

• The physical and mental pain and suffering you endured

• The cost of repairing your property

In cases where the intoxicated, at-fault driver displayed gross negligence, you may be awarded punitive damages as well.

Contact a Fort Collins, CO Auto Accident Attorney Today

In Colorado, you only have three years to file a personal injury lawsuit for an auto accident, and without a knowledgeable Larimer County, CO drunk driving accident lawyer to handle all the legal requirements and communicate with the insurance company, you risk missing important deadlines and undervaluing your claim. At Hoggatt Law Office, P.C., we understand that you and your family need this time to heal and deserve compassionate, supportive representation to handle the tedious and frustrating aspects of a personal injury claim. Call 970-225-2190 to schedule a free consultation today. Se habla Español.