DUI Victim's Claims

The fact of a criminal violation - drunk driving, hit-and-run accident, or injuries caused by an uninsured or unlicensed driver - can both complicate and streamline your claim for personal injury or wrongful death damages in the aftermath of an accident. 

For example, when alcohol or drugs are a factor in causing a motor vehicle accident, punitive damages or exemplary damages may be available. Punitive damages may be awarded by Colorado judges and juries for behavior which is willful, wanton or reckless - in other words, for extremely bad behavior. These damages would be payable in addition to any insurance coverage that the driver has. 

However, at the same time, serious criminal violations can make a wrongful death or personal injury claim more difficult. Often an insurance company will attempt to deny coverage under a “criminal acts exclusion" or an "intentional acts exclusion" in an insurance policy. As such, it is important to characterize most claims in terms of negligence or recklessness rather than intentional or criminal acts. 

Proving Civil Liability 

Regardless of the outcome of a criminal case against the drunk driver who caused your accident, we can use the information generated in the criminal investigation to help prove civil liability against the defendant. Once we establish negligence or reckless conduct against the driver responsible for the accident, we can focus on questions concerning the amount of the damages and how you will collect them.

If there isn't enough insurance to cover your full damages, we can proceed against your own underinsured motorist coverage, work toward an order for restitution in the criminal proceedings, or even apply for compensation under county crime victim programs.

All states have zero tolerance laws when it comes to people under the age of 21 who drive drunk - and the state of Colorado is no exception. In Colorado over 6,300 teenagers between the ages of 16 -20 were killed in fatal crashes in 2002. Of those killed, 29% had been drinking alcohol. The zero tolerance laws are in effect to prevent underage drinkers from getting behind the wheel of a vehicle and putting themselves and everyone around them at risk. 

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In the state of Colorado, a minor can be arrested for a DUI with a blood alcohol content of merely 0.02. Even though such a small BAC may not impair their ability to drive, under Colorado law they can be found guilty of a DUI and have their license suspended.

If you or someone you love was involved in an accident with a minor who was charged with a DUI, you may be entitled to compensation for your injuries. Under the zero tolerance law, the minor does not have to have a substantial blood alcohol concentration and the simple presence of any alcohol in their system is enough for them to be charged with a DUI.

Our goal is to make sure you get access to the money you will need to support your physical recovery and take care of your family. Any car accident case involving a drunk driver or other criminal violation opens up options for making sure that you collect the full range of your damages. In most of these cases, the drunk driver is personally liable for punitive damages or exemplary damages on top of whatever insurance coverage he or she may have.


For more information about our commitment to clients involved in DUI-related car accident cases, contact a knowledgeable personal injury attorney at Colorado Injury Attorneys. We make visits at your home and are available on evenings and weekends. We make visits at your home and are available on evenings and weekends. We serve clients on a contingent fee basis. If we don't recover damages for you, there's no attorney's fee. We have extensive knowledge of the insurance industry that gives you extra leverage in resolving your damages claim on favorable terms. For a free consultation about your rights and options contact Colorado Injury Attorneys.