Every year, approximately 17,000 Americans die in drunk driving accidents — and nearly 500,000 more are injured. In an instant, a drunk driving incident can transform your life, leaving you with a mountain of medical bills, pain and suffering, and the loss of valuable time. It seems unfair that your life, and the lives of your loved ones, could be compromised because of someone else’s decision to drive drunk.
Why Choose Our Drunk Driving Accident Attorney in Colorado Springs?
When this occurs, you need an experienced attorney on your side who will help safeguard your legal rights and protect your future. At the Green Law Firm P.C., our drunk driving accident lawyers in Colorado Springs understand the devastating consequences of such events and dedicate ourselves to fighting for the rights and compensation of victims.
Our car accident lawyers in Colorado Springs combines a profound understanding of Colorado’s DUI laws with a compassionate approach to personal circumstances, ensuring you receive the justice and peace of mind you deserve. Don’t let a drunk driving accident define your future; let us help you navigate this challenging time. Call us today for your free consultation.
How Do You Prove Liability in a Drunk Driving Accident in Colorado Springs?
After a drunk driving accident, a thorough accident investigation is crucial to proving liability under Colorado drunk driving laws. A large amount of information must be collected in a short amount time to comply with Colorado statute of limitations.
Typically, proof of negligence is sufficient to hold a driver liable for damages. However, additional evidence is often necessary to file a lawsuit against a drunk driver.
Proof that the driver had a blood alcohol content level of .08 or higher at the time of the accident is required in Colorado.
The drunk driver’s criminal defense attorney will likely try to pin some of the blame on you, in order to limit their liability. He may question the Breathalyzer results or claim police misconduct.
This can significantly jeopardize your claim — and your ability to obtain the compensation you need to fully recover.
Our attorneys will use police report data, along with eyewitness accounts, and other forensic evidence to build a strong case for you.
Colorado Springs Express Consent Laws
Colorado’s Express Consent Law requires any driver in the state to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence or while their ability is impaired because of alcohol, drugs, or both.
This could include a breathalyzer test, a blood test, or in some cases, a urine test. The purpose of these tests is to determine the level of alcohol or drugs in the driver’s system.
Refusing to take a test when asked by an officer could result in severe consequences, including:
- License Revocation: For a first-time refusal, your driving privileges could be revoked for one year. For a second refusal, the revocation period could increase to two years, and for a third or subsequent refusal, you could lose your license for three years.
- Interlock Ignition Device Requirement: After a period of revocation, drivers who have refused testing will be required to install an ignition interlock device on their vehicles for a period of time. This device requires the driver to provide a breath sample free of alcohol before the vehicle will start.
It’s important to note that the Express Consent Law is separate from any criminal charges that a driver might face for DUI or DWAI. This means you could still lose your license under this law, even if you are not ultimately convicted of a DUI or DWAI offense.
Available Damages in DUI Accident Cases
Following a DUI car accident, it may be possible for you to collect compensation for your injuries and other costs not provided by insurance.
Recovery for property damage, medical bills, loss of earnings, and pain and suffering are the most commonly collected damages.
If you have lost a loved one in a DUI car accident, a wrongful death case can be filed. Loss of companionship and loss of future earnings are additional potential recoverable damages in this situation.
Additionally, you could be eligible to collect punitive damages. Punitive damages are intended to punish the responsible parties.
Typically, the monetary value of punitive damages far exceeds the actual dollar amount lost by a victim.
Furthermore, if our Colorado Springs drunk driving attorneys ascertain that the driver consumed alcohol at a bar or restaurant before taking to the road, that establishment could be held liable for punitive damages.
Statute of Limitations for Colorado Springs Drunk Driving Accidents
The statute of limitations for filing a personal injury lawsuit in Colorado, including those related to drunk driving accidents, is generally two (2) years from the date of the accident. This means that if you are injured in a drunk driving accident, you have two (2) years from the date of the accident to file a lawsuit to recover damages.
For property damage claims, such as damage to a vehicle, the statute of limitations is three (3) years from the date of the accident.
These time limits can be critical to your case as if you do not file your lawsuit within the appropriate statute of limitations, you may be permanently barred from seeking compensation for your injuries or property damage.
What is the Definition of Drunk Driving in Colorado Springs?
In Colorado Springs, as in most parts of the United States, drunk driving is typically defined by a person’s blood alcohol content (BAC). The BAC limit is 0.08% for adults aged 21 and over in Colorado. This means that if a person is found to be operating a vehicle with a BAC of 0.08% or more, they can be charged with Driving Under the Influence (DUI).
For commercial drivers, the BAC limit is typically lower, at 0.04%. For drivers under the age of 21, Colorado has a “zero tolerance” law, meaning any detectable amount of alcohol can lead to a Driving Under the Influence of Drugs or Alcohol (DUID) charge.
It’s also worth noting that DUI laws in Colorado cover more than just alcohol. They can apply to impairment from drugs (prescription, over-the-counter, or illegal) as well. This would be considered Driving Under the Influence of Drugs (DUID).
Colorado Springs Drunk Driving Accident Injuries
Drunk drivers often drive recklessly and take unnecessary chances. They may accidentally run a stop sign or drive the wrong way down a one-way street.
As such, DUI car accidents are usually catastrophic and result in serious, often life-threatening injuries.
Some of the most common injuries include:
- Traumatic brain injuries – These are injuries to the brain caused by a blow, jolt, or other traumatic injury to the head. The severity can range from a mild concussion to severe brain damage, with symptoms including headaches, confusion, lightheadedness, dizziness, blurred vision, ringing in the ears, fatigue, behavioral or mood changes, and problems with memory, concentration, attention, or thinking. Severe cases can result in prolonged unconsciousness or amnesia. TBIs can have long-lasting or even permanent effects on an individual’s cognitive function, physical abilities, and emotional well-being.
- Spinal cord injuries – These are injuries to any part of the spinal cord or nerves at the end of the spinal canal. The severity of the injury can vary, but in many cases, they cause changes in strength, sensation, and other body functions below the site of the injury. This can result in full or partial paralysis (paraplegia or quadriplegia), along with other issues like pain or sensitivity to stimuli, muscle spasms, or problems with bladder or bowel control.
- Amputation – This refers to the removal of a body extremity by trauma or surgery. In the context of accidents, it often refers to an injury that requires the surgical removal of a limb or appendage, such as an arm, leg, hand, or foot. Amputations can have a significant impact on a person’s mobility and ability to perform tasks and may require long-term physical therapy and the use of prosthetics.
- Disfigurement – Disfigurement is any alteration in a person’s appearance, often due to an injury, that makes them look different from societal norms or their previous appearance. This can result from a variety of injuries, including burns, lacerations, or injuries that result in amputation or scarring. Disfigurement can have profound effects on a person’s self-image, psychological well-being, and social interactions, and may require reconstructive surgery or other treatments.
- Broken Bones – When a significant amount of force is applied to a bone, it can break or fracture. Broken bones, also known as fractures, are a common injury in many types of accidents, including those involving vehicles. Depending on the severity of the break, symptoms can range from moderate pain and swelling to visible deformity or protrusion of the bone through the skin (known as a compound fracture). Fractures can occur anywhere in the body, but common locations include the arms, legs, ribs, and collarbone. Treatment typically involves setting the bone back into place, if necessary, and immobilizing the area with a cast or splint to allow it to heal.
- Internal Injuries – These are injuries that occur inside the body, often as a result of blunt force trauma or penetration by a foreign object. In the context of car accidents, internal injuries can affect organs such as the heart, lungs, liver, spleen, kidneys, intestines, or other structures like blood vessels. Symptoms can vary widely and may include pain, bleeding, bruising, or swelling in the affected area, difficulty breathing, loss of consciousness, and shock. Internal injuries can be life-threatening and require immediate medical attention. Depending on the severity and location of the injury, treatment may involve surgery, medication, or other medical interventions.
Contact our Colorado Springs Drunk Driving Accidents Attorneys Today
Don’t let the fallout from a drunk driving accident overwhelm you. At the Green Law Firm P.C., our Colorado Springs drunk driving accident lawyers are dedicated to helping victims like you navigate the legal process, ensuring you obtain the compensation you need and deserve. We understand the physical, emotional, and financial toll these incidents can have and will stand by your side every step of the way. With our experienced legal team, we can turn this challenging situation into a chance for justice and recovery. Contact the Colorado Springs drunk driving accident attorneys from Green Law Firm P.C. today to schedule a free consultation and let us start fighting for your rights. You don’t have to face this alone – we’re here to help.
Helping injured victims obtain justice after an accident is our only concern. We work tirelessly to hold drunk drivers accountable for their actions. If you or someone you love has been injured in a DUI car accident, we can help. Contact our Colorado Springs drunk driving accident lawyers today for a free review of your case.