Hit by a Drunk Driver in Denver?

If you’ve been hit by a drunk driver, call 911 immediately. Tell the dispatcher you suspect the other driver is impaired — this ensures police respond with the intention of conducting field sobriety tests and potentially a breathalyzer or blood draw at the scene.

The responding officers need to document the drunk driver’s condition before it changes. Blood alcohol concentration (BAC) drops over time, and every minute matters. Colorado’s Express Consent law (C.R.S. § 42-4-1301.1) means every driver on Colorado roads has already consented to chemical testing when suspected of DUI. Refusing the test triggers an automatic license revocation. A BAC result of 0.08 or higher proves the driver was breaking the law — that evidence is very difficult for any insurance company to argue against.

Get yourself to a hospital. Denver Health Medical Center at 777 Bannock Street is Denver’s primary Level I trauma center, treating approximately 20,000 patients and admitting more than 3,000 trauma patients annually. It also operates the 911 EMS system for the City and County of Denver. UCHealth University of Colorado Hospital on the Anschutz Medical Campus in Aurora is a second Level I trauma center and home to Colorado’s only American Burn Association Verified Burn Center. HCA HealthONE Swedish Medical Center at 501 East Hampden Avenue in Englewood is a Level I trauma and burn center. Drunk driving crashes tend to be high-speed, high-impact collisions — the injuries are often catastrophic. Don’t wait to “see how you feel.” Go now.

When officers arrive, give them a complete account. If you saw the other driver swerving across lanes, running a red light, driving the wrong way on a one-way street, or drifting off the road before the collision, say so. If you smelled alcohol when you interacted with the driver, say that too. Every detail goes into the police report — and that report becomes a key piece of evidence in your civil claim.

The officers will handle the DUI investigation: field sobriety tests, a breathalyzer or blood draw, and potentially an arrest. Colorado distinguishes between DUI (BAC of 0.08 or higher) and DWAI — Driving While Ability Impaired (BAC between 0.05 and 0.08). Both create civil liability, but a full DUI is stronger evidence of negligence. Colorado also has a permissible inference that a driver with a BAC of 0.05 or higher was impaired.

Denver Police Department responds to DUI crashes throughout the city, and the Colorado State Patrol handles incidents on state highways including I-25, I-70, I-225, and C-470. CDOT’s “Heat Is On” campaign coordinates 15 high-visibility DUI enforcement periods each year, centered on holidays and major events. In 2024, Colorado recorded 16,220 DUI case filings statewide. Despite these enforcement efforts, impaired driving remains the single largest contributor to traffic deaths in Colorado.

If you’re physically able, photograph everything. The other driver’s vehicle, your vehicle, the intersection or stretch of road, traffic signals, skid marks, debris, and any visible injuries. If there are beer cans, bottles, or open containers in or around the other driver’s car, photograph those too — from a safe distance. Don’t touch anything in the other vehicle.

Get the other driver’s name, insurance information, and license plate number. Get the names and phone numbers of any witnesses. In the chaos after a crash, people leave quickly — grab their contact info before they go.

Keep photographing your injuries over the following days and weeks. Bruising deepens. Surgical incisions scar. Casts and braces tell a visual story that medical records alone don’t capture. Save every medical bill, pharmacy receipt, and record of missed work. Under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111), the insurance company may still try to assign you some fault even in a drunk driving case — thorough documentation protects you from that argument.

Your civil claim is separate from any criminal charges the driver faces. Even if the drunk driver pleads guilty to DUI, that doesn’t automatically get you compensated. You have to pursue your own claim — either through the driver’s insurance company or by filing a lawsuit.

Colorado is an at-fault state. The drunk driver (and their insurance) is responsible for your damages: medical bills, lost wages, pain and suffering, property damage, and any long-term impacts on your life and earning capacity. Colorado requires minimum liability insurance of 25/50/15: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 for property damage (C.R.S. § 10-4-619). These minimums are often insufficient for serious injuries from a high-speed drunk driving crash.

Liability in drunk driving cases is rarely disputed. A driver with a BAC over 0.08 was breaking the law, period. The fights in these cases are almost always about the size of the payout, not who caused the crash. Expect the insurance company to argue your injuries aren’t as severe as you claim, that you had pre-existing conditions, or that you contributed to the collision in some way.

Approximately 15.4% of Colorado drivers are uninsured — ranking 9th worst nationally. If the drunk driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) coverage becomes critical. Colorado insurers are required to offer UM/UIM coverage, and it’s one of the most important protections you can carry.

Colorado’s dram shop statute (C.R.S. § 44-3-801, formerly C.R.S. § 12-47-801) creates a specific cause of action when a licensed alcohol vendor knowingly serves a visibly intoxicated person, and that person’s impaired driving causes injury or death. This means the bar, restaurant, or liquor store that over-served the drunk driver may also be liable for your damages.

There is a statutory damages cap on dram shop claims. For injuries occurring between January 1, 2024 and December 31, 2025, the cap is approximately $437,880. This amount adjusts periodically for inflation. The cap applies per occurrence, not per claimant.

The dram shop statute of limitations is only one year from the date the alcohol was sold or served — far shorter than the 3-year general personal injury deadline. This is one of the most commonly missed deadlines in Colorado drunk driving cases. Also note: only the injured third party can bring a dram shop claim. The intoxicated person (or their estate) cannot sue the bar under this statute. Colorado does not impose social host liability — only licensed vendors can be held liable.

Proving a dram shop claim requires evidence that the establishment served the driver when the driver was already visibly intoxicated. Witness testimony, surveillance footage, credit card receipts showing the volume and timing of drinks purchased, and server testimony are all critical. Bar surveillance footage is typically kept for only 30 to 90 days — an experienced attorney can subpoena this evidence early, before it’s overwritten or discarded.

Denver’s active nightlife scene along corridors like LoDo (Lower Downtown), RiNo (River North Art District), South Broadway, Colfax Avenue, and the Highlands makes dram shop claims a meaningful part of drunk driving litigation in the metro area. If the driver came from a bar or restaurant, the establishment’s liability should be investigated immediately.

Drunk driving crash victims in Colorado can recover the full range of personal injury damages. Colorado does not cap compensatory damages (economic or non-economic) in most personal injury cases.

Medical expenses cover everything from the emergency room and ambulance ride through surgery, hospitalization, physical therapy, and any future treatment related to the crash. Drunk driving injuries tend to be severe — traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries — because impaired drivers often hit at full speed without braking.

Lost wages include time missed from work during recovery and any long-term reduction in your earning capacity. If you can’t return to the same job because of your injuries, the difference in lifetime earnings is compensable. Pain and suffering covers the physical pain and emotional toll of the crash and recovery. Fear, anxiety, PTSD, nightmares, and the psychological impact of knowing someone chose to drink and drive are all compensable.

In drunk driving cases, Colorado also allows exemplary (punitive) damages under C.R.S. § 13-21-102 when the driver’s conduct constitutes fraud, malice, or willful and wanton disregard for the rights or safety of others. Driving while intoxicated meets this standard. Exemplary damages are generally capped at the amount of actual damages awarded. However, if the court finds the conduct was willful and wanton, the cap can be increased to three times the actual damages. Exemplary damages require clear and convincing evidence, cannot be included in the initial complaint (they must be added by amendment after the court finds sufficient evidence), and one-third of any exemplary damages award goes to the Colorado state general fund, with two-thirds going to the plaintiff.

You have three years from the date of the crash to file a personal injury lawsuit in Colorado (C.R.S. § 13-80-101). If the drunk driver killed someone, the wrongful death statute of limitations is two years from the date of death (C.R.S. § 13-21-204).

Don’t confuse your civil deadline with the criminal case timeline. The criminal DUI case operates on its own schedule. Your civil claim has its own clock, and it runs whether or not the criminal case has been resolved.

If your crash involved a City of Denver vehicle, a Colorado State Patrol vehicle, or occurred on a road maintained by a government entity due to that entity’s negligence, the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) requires written notice within 182 days — roughly 6 months. This is one of the most commonly missed deadlines in Colorado personal injury law. If there is any government involvement, consult an attorney immediately.

Three years sounds like enough time. It’s often not. Medical treatment takes months. You may not know the full extent of your injuries for a year or more. Negotiations with insurance companies drag on. Denver County Court and Denver District Court carry heavy dockets. Start the process early.

Drunk driving crash cases are among the strongest personal injury claims because liability is usually clear. But “strong” doesn’t mean “easy.” The insurance company’s job is to pay as little as possible, even when their policyholder was legally drunk behind the wheel.

An experienced attorney can obtain the police report and BAC evidence, coordinate with the Denver District Attorney’s office on the criminal case, investigate potential dram shop claims against the bar or restaurant that served the driver, calculate your full damages (including future medical needs and lost earning capacity), and negotiate with the insurance company from a position of strength.

Colorado’s modified comparative negligence rule means the insurance company may try to argue you contributed to the crash. Even in drunk driving cases where the impaired driver clearly caused the collision, they may point to your speed, lane position, or failure to avoid the impact. An attorney who understands how Colorado courts handle comparative negligence in DUI cases can protect your claim from this defense.

Most personal injury attorneys in Denver handle drunk driving crash cases on contingency — no upfront cost, and they only get paid if you recover money. A free consultation costs you nothing and tells you whether your case has value and what the process would look like.