Getting hit by a drunk driver can turn your world upside down in an instant. You were driving safely, following the rules, and doing everything right. Then someone who chose to drive under the influence crashed into you. Now you’re dealing with injuries, medical bills, a damaged vehicle, and a lot of questions about what happens next.
If you’ve been injured by a drunk driver in Colorado, knowing the right steps to take can protect both your health and your legal rights. Here’s what you need to know about what to do after a drunk driving accident.
Step 1: Call 911 Immediately
Your first priority after any accident is safety and medical care. Call 911 right away, even if the accident seems minor. Tell the dispatcher you believe the other driver may be intoxicated. This is important because police will come to the scene and likely test the driver for alcohol.
The police report becomes crucial evidence later. It will document the accident scene, record witness statements, and most importantly, note if the driver was arrested for DUI. This official record helps prove what happened and who was at fault.
Don’t skip calling the police just because the other driver seems cooperative or promises to pay for damages. Without a police report, you’ll have a much harder time proving the driver was drunk.
Step 2: Get Medical Attention Right Away
Even if you feel okay, get checked by medical professionals. Some serious injuries don’t show symptoms immediately. Whiplash, concussions, and internal injuries can take hours or even days to become apparent.
Going to the emergency room or urgent care right after the accident creates a medical record linking your injuries directly to the crash. Insurance companies look for any gap in medical treatment to argue you weren’t really hurt. Don’t give them that opportunity.
Tell doctors about every symptom you’re experiencing, even minor aches and pains. What seems small now could become a bigger problem later. Having everything documented from the start protects you.
Step 3: Document Everything at the Scene
If you’re able to do so safely, gather as much information as possible at the accident scene. Take photos of all vehicles involved, showing damage from multiple angles. Photograph the intersection or road where the accident happened, including traffic signals, road signs, and skid marks.
Get the other driver’s information including their name, phone number, address, driver’s license number, insurance company, and license plate number. If there are witnesses, ask for their contact information too. Their statements about what they saw can be valuable evidence.
Write down your own memory of what happened while it’s fresh. Include details like what you were doing before the crash, what you saw the other driver doing, and anything unusual about their behavior. Did they smell like alcohol? Were they stumbling or slurring their words? These details matter.
Step 4: Don’t Talk to Insurance Companies Alone
After a drunk driving accident, you’ll likely hear from insurance companies quickly. The drunk driver’s insurance company may call offering a fast settlement. Be very careful here. Insurance adjusters work for the insurance company, not for you. Their job is to pay as little as possible.
Don’t give a recorded statement to the other driver’s insurance company. Don’t sign anything they send you. And definitely don’t accept their first settlement offer without having someone review it. These quick offers are almost always far less than what your case is actually worth.
You do need to report the accident to your own insurance company. Your policy requires this. But you can do so without giving detailed statements or accepting fault. Stick to basic facts about when and where the accident happened.
Understanding Your Rights as a DUI Accident Victim
Being hit by a drunk driver gives you important legal rights that go beyond typical car accidents. Colorado law recognizes that drunk driving is especially reckless behavior, and the law provides stronger protections for victims.
You have the right to seek compensation for all your damages. This includes medical bills, both current and future. It includes lost wages if you missed work because of your injuries. You can also recover compensation for pain and suffering, which includes physical pain, emotional distress, and reduced quality of life.
Property damage to your vehicle is covered too. If your car can’t be repaired, you’re entitled to its fair market value. You may also be able to recover costs for a rental car while yours is being fixed or replaced.
Punitive Damages in Drunk Driving Cases
Here’s something many people don’t know: drunk driving cases often qualify for punitive damages. These are special damages designed to punish the drunk driver for their reckless behavior, not just compensate you for your losses.
While most car accidents only award compensatory damages covering your actual expenses and losses, drunk driving cases are different. Colorado law allows punitive damages when someone acts with willful and wanton disregard for others’ safety. Driving drunk clearly fits this description.
This means your total compensation could be significantly higher than in a typical car accident case. Punitive damages send a message that drunk driving has serious consequences.
Can You Sue the Bar That Served the Drunk Driver?
Colorado has what’s called a “dram shop law” that might surprise you. Under this law, you may be able to sue the bar, restaurant, or other establishment that served alcohol to the drunk driver if they were visibly intoxicated.
If you can prove the establishment served someone who was clearly drunk, and that person later caused your accident, you can recover up to $150,000 from the alcohol vendor. This is in addition to what you recover from the drunk driver themselves.
This becomes especially important when the drunk driver doesn’t have enough insurance to cover your damages. The bar’s insurance can help fill the gap. Signs of visible intoxication include slurred speech, stumbling, bloodshot eyes, or aggressive behavior.
What If the Drunk Driver Has No Insurance?
Unfortunately, many drunk drivers are uninsured or underinsured. If this happens to you, don’t panic. You still have options for recovering compensation.
First, check your own auto insurance policy for uninsured motorist coverage. This coverage pays for your injuries when the at-fault driver has no insurance. Many Colorado drivers carry this coverage without realizing it.
Second, remember the dram shop law mentioned above. Even if the drunk driver is uninsured, the bar that over-served them might have insurance that covers your damages.
Third, you could potentially pursue a claim against the drunk driver personally. While collecting money from an individual can be challenging, it’s sometimes possible, especially if they have assets like a home or savings.
How Long Do You Have to Take Action?
Colorado gives you three years from the date of the accident to file a lawsuit. While three years might seem like plenty of time, it’s smart to act sooner rather than later.
Evidence can disappear over time. Security camera footage from the bar gets deleted. Witnesses’ memories fade. Medical records can be harder to obtain. The sooner you start the process, the stronger your case will be.
Insurance companies also move quickly to minimize what they pay. If you wait too long, you might find yourself at a disadvantage when negotiating with experienced insurance adjusters.
Keep Detailed Records of Everything
From the day of the accident forward, keep careful records of everything related to your case. Save all medical bills, prescription receipts, and records of doctor visits. Keep a file with repair estimates for your vehicle and rental car receipts.
Document your injuries with photos, especially in the first few days when bruising and swelling are most visible. Keep a journal noting your pain levels, activities you can’t do anymore, and how the injuries affect your daily life.
Track any wages you lose because of the accident. If you’re self-employed, document the work you couldn’t complete. All of this information helps prove the full extent of your damages.
The Criminal Case vs. Your Civil Case
It’s important to understand that the drunk driver’s criminal DUI case is completely separate from your civil case for compensation. You don’t need to wait for the criminal case to finish before taking action on your own claim.
The criminal case is between the state and the drunk driver. It’s about punishing them for breaking the law. Your civil case is about compensating you for your injuries and losses. These are two different legal processes.
However, evidence from the criminal case can help your civil claim. The police report, blood alcohol test results, and any criminal conviction all support your case that the driver was drunk and at fault.
Why Professional Help Matters
Drunk driving accident cases can be more complex than typical car accidents. You’re dealing with potential punitive damages, possible dram shop claims, criminal proceedings, and insurance companies that will fight hard to pay as little as possible.
Having someone who understands Colorado law, knows how to investigate these cases, and can negotiate with insurance companies makes a real difference in the outcome. An experienced drunk driving accident lawyer can identify all possible sources of compensation, including claims you might not know existed.
At The Ferrell Law Firm, attorney Michael Ferrell brings unique experience to drunk driving cases. As a former prosecutor who handled hundreds of DUI cases, he understands both the criminal and civil sides of these cases. This background helps build stronger claims for accident victims.
You Deserve Full Compensation
Being hit by a drunk driver wasn’t your fault. You shouldn’t have to pay the price for someone else’s terrible decision to drive under the influence. Colorado law gives you powerful tools to recover compensation and hold drunk drivers accountable.
Take the right steps now to protect your health and your rights. Get medical care, document everything, and don’t let insurance companies take advantage of you during a vulnerable time.
If you’ve been injured by a drunk driver in Boulder, Longmont, or anywhere in Colorado, The Ferrell Law Firm can help you understand your options. Contact us today for a free consultation at (720) 687-2795. Our Boulder DUI accident lawyer team will review your case, explain your rights, and help you take the next steps. We serve clients throughout Colorado and work on a contingency fee basis—you pay nothing unless we win.