Hit by a Drunk Driver in Denver: Your Rights as a Victim

Call 911 immediately. Tell the dispatcher you believe the other driver may be impaired — mention any signs of intoxication you observed: slurred speech, alcohol odor, erratic driving before the crash, open containers in the vehicle, or the driver's inability to stand or walk normally. This information prompts a DUI investigation at the scene.

Denver Police or Colorado State Patrol will conduct field sobriety tests and a breathalyzer or blood draw if they suspect impairment. Do not confront the other driver about drinking — let police handle it. Your safety is the priority. If the driver is arrested for DUI, that arrest creates a police record that becomes critical evidence in your civil claim.

Get the police report number and the investigating officer's name and badge number. Ask whether the other driver was arrested. The police report will include BAC results, field sobriety test observations, and the officer's determination of impairment — all of which become evidence in your civil case.

Photograph everything: vehicle damage, the road layout, the other driver's vehicle (note any open containers or alcohol visible), weather and lighting conditions, and any visible injuries. If you noticed the driver swerving, speeding, or driving erratically before the crash, write down exactly what you observed while it is fresh.

Get witness names and phone numbers. Witnesses who observed the driver's behavior before the crash — swerving across lanes, running red lights, or driving at erratic speeds — provide crucial testimony. Witness observations of impairment at the scene (stumbling, slurred speech, confusion) supplement the police report.

DUI crashes tend to produce severe injuries because impaired drivers often fail to brake, swerve, or take any evasive action before impact. The collision occurs at full speed with maximum force. Common DUI crash injuries include traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, and severe soft tissue injuries.

Go to a Denver ER immediately — Denver Health (Level I trauma center), UCHealth University of Colorado Hospital, or Swedish Medical Center. Describe all symptoms, even minor ones. Follow every treatment recommendation. Your medical records from the initial visit and ongoing treatment directly determine the value of your claim. Gaps in treatment undermine your case, regardless of how strong the DUI evidence is.

The criminal DUI case against the drunk driver is handled by the Denver District Attorney's office. Your civil injury claim is a separate proceeding. You do not have to wait for the criminal case to resolve before filing your civil claim or negotiating with the driver's insurance company.

However, the criminal case outcome affects your civil claim. A DUI conviction is strong evidence of negligence in your civil case. Even a guilty plea to a lesser charge (DWAI, reckless driving) provides useful evidence. If the driver is acquitted, you can still pursue your civil claim — the burden of proof in civil cases (preponderance of evidence) is lower than in criminal cases (beyond a reasonable doubt).

You may also be able to obtain the drunk driver's BAC results, toxicology reports, and police body camera footage through your civil case discovery process. An attorney can coordinate timing between the criminal and civil proceedings to maximize the evidence available for your claim.

Colorado law allows punitive damages when the defendant's conduct was willful, wanton, or reckless (Colo. Rev. Stat. § 13-21-102). Driving drunk is a textbook example of reckless conduct. Punitive damages are separate from compensatory damages (medical bills, lost wages, pain and suffering) and are designed to punish the wrongdoer and deter similar behavior.

In Colorado, punitive damages cannot exceed the amount of compensatory damages in most cases. If your compensatory damages are $200,000, punitive damages can be up to $200,000 additional. The court may award higher punitive damages if the conduct was especially egregious. Punitive damages are not available in every case — your attorney must file a motion and demonstrate the drunk driver's conduct meets the statutory standard.

Colorado's dram shop law (Colo. Rev. Stat. § 12-47-801) allows you to sue a bar, restaurant, or liquor store that sold alcohol to the drunk driver if the seller knew or should have known the person was visibly intoxicated at the time of the sale. This creates an additional source of compensation beyond the driver's own insurance.

Dram shop claims require proving the establishment served the driver when they were visibly intoxicated. Evidence includes the driver's bar tab, surveillance footage from the establishment, testimony from bartenders or servers, and witness statements about the driver's condition when leaving. These claims have a shorter notice period and specific procedural requirements — consult an attorney familiar with Colorado dram shop litigation.

Social host liability in Colorado is more limited. If the drunk driver was served at a private party, the host is generally not liable under Colorado law unless they knowingly served alcohol to a minor.

Colorado's statute of limitations for motor vehicle injury claims is 3 years from the date of injury (Colo. Rev. Stat. § 13-80-101). Wrongful death claims must be filed within 2 years. If the drunk driver was a government employee operating a government vehicle, file a CGIA notice within 182 days.

Dram shop claims against alcohol vendors have specific procedural requirements and potentially shorter timelines. Do not delay — consult an attorney early to preserve all claim avenues. Evidence from the night of the crash (bar tabs, surveillance footage, BAC results) must be preserved promptly.

Were you injured by a drunk driver in Denver? Take our free 2-minute assessment. We will evaluate your claim, including potential punitive damages, dram shop liability, and insurance coverage, and connect you with a Denver attorney experienced in DUI victim cases.

Being hit by a drunk driver is one of the most devastating things that can happen on the road — because it was entirely preventable. Colorado law gives DUI victims strong legal tools, including punitive damages. Use them. Start with the assessment. It is free, confidential, and takes just minutes.