Drunk driving is an extremely dangerous crime that takes thousands of lives each year. If you or a loved one gets injured by a drunk driver in Colorado, you may be entitled to financial compensation from the reckless driver’s car insurance company. Filing an insurance claim or lawsuit against a drunk driver may require assistance from an experienced car accident attorney in Denver.
Take the Right Steps After the Crash
As a victim of a drunk driving accident, you should take a few preliminary steps immediately after the crash to build the foundation of a lawsuit. You can support your claim against a drunk driver by taking the following actions, if possible:
- Report the car accident to the police.
- Seek immediate medical care for your injuries.
- Do not admit fault for the crash.
- Write down a description of the accident while the memory is still fresh in your mind.
- Exchange information with everyone involved.
- Speak to eyewitnesses.
- Take photographs before you leave the scene.
- Report the car accident to your insurance company as soon as possible.
Filing a lawsuit against an intoxicated driver in Colorado can involve a complicated legal process. You can lay the groundwork of a strong claim, however, when you know what to do in the first few minutes and hours after your crash.
Understand the Rules of Negligence in a Car Accident Claim
Colorado is a fault state. This means drivers have the right to pursue compensation from the person or party at fault for causing a car accident. In no-fault states, on the other hand, drivers file claims with their own insurance companies, regardless of fault. In Colorado, it is a victim’s responsibility to establish that another driver was at fault for causing the car accident.
Colorado’s drunk driving law states that it is illegal to operate a motor vehicle with a blood alcohol content (BAC) level of 0.08 percent. If a driver blows a breathalyzer test that is at or above 0.08 percent, he or she can be held liable (financially responsible) for a related car accident without requiring further proof of intoxication, fault or negligence. This rule is known as “negligence per se.”
Contact the Drunk Driver’s Insurance Company to File a Claim
If the other driver involved in your car accident was arrested at the scene for allegedly driving under the influence of drugs or alcohol, you can use this as evidence to hold that driver liable for your damages during an insurance claim. Contact your own car insurance company first to report the crash. Your insurer can then help you pursue benefits from the drunk driver’s car insurance provider.
Consult With a Drunk Driving Accident Lawyer in Colorado for Help
Proving a drunk driving accident claim is not always easy. The other driver’s insurance company may try to deny liability, such as by blaming you for the crash. You may need to hire a drunk driving accident lawyer in Denver to represent you during the claims process. A lawyer can explain your rights and help you file a personal injury claim, wrongful death case or survival action.
During your DUI accident case, a lawyer can help you meet the standard of proof required to hold someone else liable for your medical bills and property damage. Common forms of evidence include BAC test results, a criminal conviction for driving under the influence, a guilty plea, eyewitness statements, a police report and a confession of guilt from the drunk driver.
If you are interested in filing a lawsuit against a drunk driver for a recent car crash in Colorado, contact Manning Law to request a free initial case evaluation with a knowledgeable attorney.
