When a drunk driver causes an accident, most people assume they can only sue the driver. But Colorado law offers another option that many accident victims don’t know about. If a bar, restaurant, or other establishment over-served the drunk driver, you might be able to sue them, too.
This is called a “dram shop” claim, and it can be a game-changer for drunk driving accident victims. Understanding how Colorado’s dram shop law works could mean the difference between a partial recovery and full compensation for your injuries.
What Is Colorado’s Dram Shop Law?
A dram shop law allows you to hold bars, restaurants, liquor stores, and other alcohol vendors legally responsible when they serve alcohol irresponsibly. The term “dram shop” comes from old England, where alcohol was sold by the “dram,” a small unit of measurement.
In Colorado, the dram shop law is found in Colorado Revised Statutes Section 44-3-801. This law says that if an alcohol vendor serves someone who is visibly intoxicated, and that person later injures someone else, the vendor can be held liable.
The key phrase here is “visibly intoxicated.” You must prove that the drunk driver showed clear signs of being drunk before the establishment continued serving them alcohol.
When Can You Sue a Bar or Restaurant?
To win a dram shop claim in Colorado, you need to prove three things. First, the establishment sold or served alcohol to someone. Second, that person was visibly intoxicated when they were served. Third, the intoxication caused or contributed to the accident that injured you.
Visible intoxication can include slurred speech, difficulty walking or standing, bloodshot eyes, aggressive behavior, or falling asleep at the bar. Bartenders and servers are trained to recognize these signs. If they continue serving someone who shows these symptoms, they may have violated Colorado law.
It’s important to note that you don’t need to prove the establishment knew the person would drive. You only need to show they served someone who was clearly drunk.
How Much Can You Recover in a Dram Shop Case?
Colorado law caps dram shop damages at $150,000 per incident. This might sound limiting, but here’s the important part: this $150,000 is in addition to what you can recover from the drunk driver themselves.
For example, imagine the drunk driver’s insurance policy has a $100,000 limit, but your medical bills and other damages total $300,000. You could potentially recover $100,000 from the driver’s insurance and an additional $150,000 from the bar, bringing your total to $250,000. This is much better than being stuck with only $100,000.
Dram shop claims are especially valuable when the drunk driver is uninsured or underinsured. Bars and restaurants typically carry substantial liability insurance, which means there’s actually money available to pay your claim.
Social Host Liability: Can You Sue a Party Host?
Colorado also has limited social host liability laws. These apply to private individuals who serve alcohol at parties or gatherings, not commercial establishments.
Under Colorado law, you can sue a social host only in very specific situations. The host must have knowingly served alcohol to someone under 21 years old, and that minor must have caused the accident. Social host liability doesn’t apply when adults serve other adults, even if the guest becomes visibly intoxicated.
This is much narrower than dram shop liability. For most drunk driving accidents involving adult drivers, your claim will be against commercial establishments, not private party hosts.
Gathering Evidence for Your Dram Shop Claim
Proving a dram shop case requires solid evidence. You’ll need to show that the drunk driver was at a specific bar or restaurant and that they were visibly intoxicated when served.
Useful evidence includes the drunk driver’s credit card or debit card receipts showing purchases at the establishment. Security camera footage from the bar can show the driver’s condition. Witness statements from other patrons or employees who saw the driver drinking can be powerful. The police report from the accident scene, especially if it shows a very high blood alcohol content, can suggest the driver was served while already drunk.
Many establishments will try to destroy or hide evidence after an accident. This is why it’s crucial to contact an attorney quickly. A lawyer can send a legal notice requiring the bar to preserve security footage, receipts, and other evidence before it disappears.
Why Bars Fight These Claims
Bars and restaurants don’t want to admit they over-served a customer. They know that losing a dram shop case can lead to higher insurance premiums, bad publicity, and even liquor license problems.
Their insurance companies will fight hard to avoid paying. They might claim the driver wasn’t visibly intoxicated, argue that the driver drank somewhere else afterward, or say that their employees followed proper procedures.
This is why having an experienced attorney is so important. Someone who knows how to investigate these cases, interview witnesses, and counter the establishment’s defenses can make all the difference.
Time Limits for Filing a Dram Shop Claim
Just like other personal injury cases, Colorado gives you three years from the date of the accident to file a dram shop lawsuit. However, waiting too long can hurt your case.
Security footage is often deleted after 30 to 90 days. Witnesses’ memories fade. Employees might quit and become hard to find. The sooner you start investigating your dram shop claim, the better your chances of success.
Most attorneys recommend starting the process within the first few weeks after the accident. This gives you the best opportunity to gather evidence while it’s still fresh and available.
Dram Shop Claims and Criminal Cases
Remember that your dram shop claim is separate from any criminal charges the drunk driver faces. You don’t need to wait for the criminal case to finish before filing your civil claim.
In fact, evidence from the criminal case can help your dram shop claim. If the driver’s blood alcohol content was extremely high (for example, 0.20 or above), this suggests they were served while already intoxicated. Police reports, witness statements, and toxicology results from the criminal case can all support your civil claim.
Working with an Experienced Attorney
Dram shop cases are more complicated than typical car accident claims. You’re not just dealing with an individual driver and their insurance company. You’re taking on a business with its own legal team and insurance company that specializes in defending these claims.
A Boulder car accident lawyer who understands Colorado’s dram shop law knows how to investigate where the drunk driver was drinking, gather evidence of visible intoxication, calculate the full value of your damages, and negotiate with multiple insurance companies. They can also identify all possible sources of compensation to maximize your recovery.
At The Ferrell Law Firm, we have extensive experience handling dram shop claims for drunk driving accident victims throughout Colorado. Attorney Michael Ferrell’s background as a former prosecutor gives him unique insight into DUI cases and how to build strong claims against both drunk drivers and the establishments that over-served them.
You Have More Options Than You Think
If you’ve been injured by a drunk driver, don’t assume your only option is suing the driver. Colorado’s dram shop law gives you the right to hold bars and restaurants accountable when they contribute to drunk driving accidents by over-serving customers.
A dram shop claim can provide additional compensation when the drunk driver’s insurance isn’t enough. It can also send a powerful message to establishments that serving visibly intoxicated customers has serious consequences.
Were you injured by a drunk driver in Boulder, Longmont, or anywhere in Colorado? You may have a dram shop claim worth up to $150,000 in addition to your claim against the driver. Contact The Ferrell Law Firm today for a free consultation. Call (720) 687-2795 to speak with an experienced Boulder car accident lawyer about your drunk driving case. We’ll investigate your claim, identify all sources of compensation, including dram shop liability, and fight to get you every dollar you deserve. You pay nothing unless we win.