Fort Collins Drunk Driving Accident Lawyer
Victims of drunk driving accidents in Fort Collins can suffer significant injuries, property damage and emotional distress. At Cannon Law, we are committed to helping victims and their families bring drunk drivers to justice. We use aggressive legal strategies and personalized services to deliver the results our clients need.
Our local car accident attorneys in Fort Collins can help you rebuild your life after a traumatic driving under the influence (DUI) accident. Contact us today to request a free case evaluation.
Drunk Driving Accident Causes and Victim Rights
Drunk driving accidents can be caused by impaired judgment, delayed reaction times, affected motor skills and coordination, fatigue, distracted driving, and reckless decision-making. If an individual gets behind the wheel while intoxicated and causes a car accident, that person can be sued for damages, or financial compensation, by the victim(s).
If you find yourself in this situation, you have the right to file an insurance claim or personal injury lawsuit against the drunk driver who hit you.
You could recover damages for your medical costs, property repairs, and more. You may also have the right to hold a dram shop responsible for a drunk driving crash in Fort Collins. A “dram shop” is a store or establishment that furnishes alcohol to patrons.
It is important to review your rights with an experienced lawyer in Fort Collins so that you choose the correct way forward for you and your specific situation. You may have the right to bring a claim against one, two or multiple parties in pursuit of maximum financial compensation for your losses.
Why Choose Our Car Accident Lawyers in Fort Collins?
- We’ve recovered millions of dollars in settlements and verdicts for our car accident clients. You can count on our attorneys to seek maximum compensation while you rest and recover.
- Our attorneys understand the laws and nuances involved in Fort Collins drunk driving accident cases. We have years of experience in this specific practice area.
- We take a team approach to each case to achieve our clients’ goals. Your drunk driving accident case will benefit from input from other lawyers, doctors and a variety of expert witnesses.
- The client always comes first at Cannon Law. Our glowing client testimonials showcase our dedication to client success and satisfaction.
- Our law firm works on a contingency fee basis. You will only be charged a fee for our services if we win your drunk driving accident case and secure a settlement or verdict on your behalf.
How We’ll Support Your Case
Getting into an accident with a drunk driver can lead to a complicated claims process with insurance companies that may try to take advantage of you. The best way to protect your rights is to hire an experienced car accident attorney in Fort Collins. An attorney from Cannon Law can investigate your DUI accident, gather evidence and file a claim for you.
During your case, our lawyers at Cannon Law will fill out and submit confusing claims paperwork on your behalf to help you avoid common mistakes, such as missing important filing deadlines and forgetting to include certain information.
We have connections to top experts who can help you win your case, including crash reconstructionists and medical experts. Our attorneys will take over communications with insurers for you to negotiate for a fair and full settlement.
We are prepared to go to trial, if necessary, with highly experienced and aggressive litigators. During your case, we will connect you to top doctors in Fort Collins to make sure you have everything you need to recover physically and emotionally, as well.
Drunk Driving Accident Statistics
Drunk driving car accidents have devastating consequences. Despite being aware of the extreme dangers of driving while impaired, thousands of drivers choose to break Colorado’s laws and drive drunk every year.
According to the Department of Transportation, one out of every three fatal traffic accidents in Colorado involves an impaired driver, on average. In 2019, more than 26,000 impaired driving cases were filed with the criminal courts in Colorado (source: Colorado Department of Public Safety).
Drunk driving is a national epidemic. Nationwide, 13,524 people lost their lives in accidents that involved alcohol in 2022 (source: National Highway Traffic Safety Administration). Approximately 37 people per day die in drunk driving accidents in the U.S.
Common Injuries Suffered in Drunk Driving Accidents
Accidents involving drunk drivers often result in serious injuries due to issues such as reckless driving and speeding, which can increase the severity of the wreck. Unfortunately, some injuries suffered by DUI accident victims are catastrophic, life-threatening, permanent or fatal.
While the specific injuries an individual suffers will depend on the parameters of the collision – including the speed of the accident and whether seat belts were worn – some of the most common injuries suffered include:
- Bone fractures
- Head, skull and brain injuries
- Facial injuries
- Neck injuries
- Whiplash
- Spinal cord injuries
- Herniated and slipped disks
- Permanent nerve damage and paralysis
- Chest and rib injuries
- Muscle sprains and strains
- Lacerations and scarring
- Road rash injuries
- Abdominal injuries
- Internal injuries and organ damage
- Traumatic amputations
- Fatal injuries (wrongful death)
- Emotional trauma and psychological injuries
An attorney from Cannon Law can make it easier to recover the compensation you deserve for any type of drunk driving accident injury.
However, it is even more important to consult with an attorney if you or a loved one sustained a life-changing injury, as an insurance company may propose substantially less than you require in its initial settlement offer.
What Damages Can I Recover in a Drunk Driving Accident Case?
The damages, or financial compensation, that may be available to you in a drunk driving accident case depend on the circumstances. The factors considered when calculating the value of a settlement can include the severity of the injuries suffered, the number of defendants (at-fault parties) and the insurance coverage available.
Compensation for your damages may include:
- Medical expenses: including intensive care, hospital bills, surgeries, therapies, rehabilitation, medical devices, medications and ongoing care for long-term injuries.
- Property damage: the costs to repair your damaged motor vehicle or replace a “totaled” vehicle, or one that’s deemed a total loss by the insurance company based on the level of damage.
- Lost wages: compensation for missed time at work, including the period of recovery immediately after the accident and any long-term diminished earning capacity due to a disability.
- Pain and suffering: the mental, emotional and physical toll the accident takes on you, including distress, anguish, psychological trauma, loss of consortium and loss of enjoyment of life.
- Death damages: if your loved one dies in a drunk driving accident, your family may be eligible for funeral and burial expenses, lost wages and inheritance, and compensation for your mental anguish or grief.
- Punitive damages: an additional amount that may be awarded to punish the defendant for gross negligence, recklessness or a wanton disregard for the safety of others in a drunk driving case.
As your lawyers, Cannon Law will accurately assess the value of your case based on all relevant factors. We will strive to achieve the best possible results for you using proven legal strategies. We care about our clients and work hard to secure the results they need to rebuild their lives.
Can I Afford to Hire a Drunk Driving Accident Attorney?
At Cannon Law, our drunk driving accident lawyers only charge a fee for our legal services if we win the case. If your car accident claim does not result in financial compensation being paid to you as our client, you will not be charged anything for our services.
If your case does result in a settlement or positive jury verdict, our fee will be charged as a percentage of the award won. With this payment arrangement, you don’t have to pay upfront or out-of-pocket for high-quality legal advocacy during an insurance claim or DUI accident lawsuit.
You can be represented by an exceptional drunk driving accident lawyer without the financial stress by paying directly from the award achieved on your behalf – and only if one is secured.
Is Drunk Driving a Civil or Criminal Case?
You can seek justice in more ways than one as a victim of a drunk driving crash in Fort Collins. A drunk driver can be held criminally and civilly accountable for causing the car accident. The DUI laws in Colorado criminalize the operation of a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08 percent (reduced to 0.04 percent for a commercial driver).
A DUI conviction is a misdemeanor that can result in jail time, fines, restitution, driver’s license suspension and/or community service. As an injured accident victim, you also have the right to file a civil claim against the driver (or a third party) for causing the crash.
A personal injury suit can hold a drunk driver civilly liable, or legally and financially responsible, for causing your injuries and property damage.
How Can a Criminal DUI Charge Affect Your Accident Claim?
If the individual who caused your drunk driving accident is arrested on DUI charges, you can expect the criminal case to last at least around six months. During this time, your legal deadline to file an accident claim will be tolled, or paused.
You must wait until the conclusion of the criminal case to follow your civil case against the driver. If the driver is convicted of driving under the influence, you can use this conviction as evidence against the driver during your civil claim.
How to Hold a Drunk Driver Liable for an Accident in Fort Collins
Drivers who choose to recklessly operate their motor vehicles while under the influence of alcohol or drugs can be held liable for any motor vehicle accidents that they cause. Colorado’s fault-based car insurance law permits victims to file claims against drunk drivers.
However, fault for the accident must be proven as true “based on a preponderance of the evidence,” or more likely to be true than not true.
Evidence that could potentially be used to prove your drunk driving accident case includes:
- A police accident report
- Breathalyzer or chemical alcohol test results
- Police bodycam footage
- Field sobriety test results or footage
- Eyewitness statements
- Criminal conviction for DUI
- Accident reconstruction by an expert
- Property damage analysis
- Expert testimony
- Medical records
A drunk driving attorney in Fort Collins can collect evidence to prove your case against an impaired driver or another party. You can count on your lawyer to investigate the crash, find evidence of drunk driving, determine fault, identify the defendants and hire qualified experts to build a strong car accident case.
What Are Colorado’s Dram Shop Laws?
Colorado’s dram shop laws are designed to hold establishments accountable when they violate the state’s beverage code by continuing to serve alcohol to an obviously intoxicated individual or serving an underage person.
The dram shop laws aim to reduce the risk of accidents caused by drunk drivers. They encourage places that furnish alcohol to do so responsibly.
If you get hurt by a drunk driver in Fort Collins, you may be able to hold a dram shop liable for your losses in addition to the intoxicated driver. A dram shop claim is available under Colorado Revised Statutes (C.R.S.) § 12-47-801 if one of the following can be proven:
- The licensed alcohol vendor willfully and knowingly sold or served any alcoholic beverage to a person who was under the age of 21.
- The licensed alcohol vendor willfully and knowingly served or furnished an alcoholic beverage to a person who was visibly intoxicated.
“Visible intoxication” could refer to signs such as slurred speech, erratic behavior, bloodshot eyes and trouble walking. A dram shop claim in Colorado must be brought within one year of the related motor vehicle accident.
This type of claim can help you receive fair and full compensation, even if the drunk driver was uninsured or underinsured by giving you another source of insurance coverage.
What Is Social Host Liability?
Another option for liability for a drunk driving accident in Colorado is a social host. This refers to someone who hosts a social party or gathering.
At a private social event, if the host knowingly gives alcohol to a person who is under the age of 21 or provides a place for underage individuals to consume alcohol, the host could be held liable for a subsequent drunk driving accident caused by the minor.
What Is the Time Limit to File a Drunk Driving Accident Claim in Fort Collins?
If you wish to seek justice for a drunk driving crash in Fort Collins by filing a personal injury lawsuit, you have no more than two years from the date of the accident to file the paperwork, in most cases. C.R.S. § 13-80-102 places a two-year deadline on most personal injury claims. However, there are exceptions that can shorten or extend your time limit.
Note that two years is the statute of limitations on a personal injury lawsuit only; an insurance claim for a drunk driving collision should be filed much sooner. Most car insurance companies have a deadline of about one to three days from the accident for clients to file claims.
Fatal DUI Accidents and Wrongful Death Claims in Fort Collins
Intoxicated drivers cause hundreds of fatal automobile accidents in the U.S. each year. If you suffer the tragedy of losing a loved one in a drunk driving crash in Fort Collins, you have rights. Your family may be eligible to file a wrongful death claim against the at-fault party for the reckless act of driving while impaired.
Colorado’s wrongful death laws state that when a death is caused by the “wrongful act, neglect, or default of another” person or party, a civil claim can be brought against the at-fault party in pursuit of damages. This type of suit is similar to a personal injury claim that the deceased individual could have filed had he or she survived the auto accident.
In Colorado, only certain people have the right to file a wrongful death claim, beginning with the surviving spouse. If the decedent was unmarried, the right to file passes to the decedent’s children or a designated beneficiary.
The time limit to file a wrongful death claim after a fatal drunk driving crash is two years from the date of the victim’s death, with some exceptions.
What to Do After a Drunk Driving Crash in Fort Collins
Knowing what to do after a collision involving an intoxicated driver can help you protect your rights and physical safety as a victim. When you file an insurance claim, the company will analyze the actions you took (or failed to take) while processing your claim.
Take the following steps to improve your odds of a successful case:
- Pull over right away, as close to the scene of the crash as you safely can.
- If possible, move your disabled car out of the way of traffic. Use your emergency lights to prevent additional collisions.
- Check yourself and everyone else involved in the accident for injuries.
- Get medical treatment without delay if you have been injured. Keep copies of your hospital records.
- Call 911 to report the automobile accident. Mention your suspicions regarding a drunk driver.
- Exchange information with the drunk driver and do not admit fault for the car accident.
- When the police arrive, tell them your side of the story. Write down your police report number so you can request a copy.
- Take pictures of the accident scene before you leave, capturing damage to both vehicles and your injuries.
- Speak to eyewitnesses and get their contact information to obtain statements.
- Call a lawyer for advice about how to file a DUI accident claim and secure a fair settlement.
It is especially important to consult with a drunk driving accident attorney in Fort Collins if you suffer severe injuries, such as a concussion or back injuries, that will come with expensive medical costs and long-term damage. You may need to hire a lawyer to take over the legal process for you.
What Is the Average Drunk Driving Accident Settlement?
It is important to realize that there is no accurate “average” settlement for a drunk driving accident case. Settlement values can vary widely based on several factors that are unique to each case. Examples include:
- The severity of the injuries suffered, including any long-term impacts.
- The age and health of the victim at the time of the accident.
- How much the victim made before and after the accident.
- Whether the accident caused a fatality.
- The number of defendants named in the case and the insurance coverage available.
- Any comparative fault allocated to the filing party.
- Whether punitive damages are awarded.
Some drunk driving accident victims have case values in the thousands, while others receive $1 million or more for severe losses. Discuss your particular case in detail with an attorney at Cannon Law before accepting a fast insurance settlement to ensure fair results.
Damage Caps in Colorado
There are caps, or legal limits, on the amount of financial compensation that can be awarded to a drunk driving accident victim in Colorado.
The law as of January 1, 2025 imposes a cap of $1.5 million on non-economic damages in personal injury claims. In a wrongful death claim, the cap is increased to $2.125 million.
If you file a dram shop or social host liability claim for a drunk driving accident in Colorado, state law under Colorado Liquor Code § 12-47-801(3)(c) will cap your damages at $437,880 maximum. These damage caps will be adjusted for inflation again every two years starting on January 1, 2028.
What to Look for in Your Drunk Driving Accident Attorney in Fort Collins
Not all lawyers are alike in terms of experience, qualifications and capabilities. It is crucial to choose the right attorney for your drunk driving accident case in Fort Collins to secure a favorable outcome.
Key qualities you should look for when choosing your lawyer include:
- Experience specifically handling motor vehicle accident cases with alcohol involvement.
- A long track record of success – especially success in similar cases.
- Positive law firm reviews and client testimonials.
- The ability to bring your case to trial, if necessary.
- Knowledge of local laws, judges and courthouses in Fort Collins.
- Strong and open communication skills.
- Awards, accolades and recognition within the legal community.
- State-of-the-art legal resources and connections, such as access to experts.
- Reasonable and affordable legal fees (ideally a contingency fee arrangement).
- Compassion, respect, empathy and understanding regarding your situation.
Look for an attorney who offers a free consultation for an opportunity to speak directly to the attorney to ask questions and voice your concerns. The best lawyer for you will have all of the experience and resources you need in addition to personalized care and support.
Contact a Drunk Driving Accident Attorney in Fort Collins
At Cannon Law, our Fort Collins drunk driving accident attorneys can build your case using years of knowledge and exceptional legal resources to achieve the best results possible. We are passionate about bringing drunk drivers to justice.
Contact us today to request a free case evaluation, where you can learn more about how we can help you. Call us at (970) 471-7170 or send us an online message anytime. Our law firm represents clients in Fort Collins and the surrounding areas.