Drunk and Drugged Driving Accident Victims

The sudden impact of a motor vehicle collision caused by an intoxicated driver is one of the most traumatic events a person can experience. It is a tragedy that is fundamentally different from other traffic accidents because it is not the result of a simple error in judgment or a momentary lapse in attention. Instead, a drunk or drugged driving crash is the direct and foreseeable consequence of a conscious decision to break the law and endanger the lives of others. When a driver chooses to get behind the wheel while impaired by alcohol, marijuana, prescription medications, or illicit drugs, they are making a choice that prioritizes their own convenience over the safety of every other family on the road. This reckless behavior frequently results in high-speed collisions in Boulder County and in Colorado that cause catastrophic injuries, permanent disabilities, and wrongful deaths. For the victims and their families, the aftermath is a whirlwind of physical pain, emotional anger, and overwhelming financial uncertainty.

At Cook Bradford & Levy, we believe that victims of impaired driving deserve aggressive and unwavering legal advocacy. We understand that these cases require a specialized approach that goes beyond standard personal injury litigation. Our firm is led by Jason Levy and Brian Bradford, experienced trial lawyers who have dedicated their careers to fighting for the rights of the injured across Colorado. We recognize that justice in these cases means more than just paying medical bills. It means holding the negligent driver fully accountable for their gross misconduct and ensuring that our clients receive the maximum compensation available under the law. We meticulously investigate every aspect of the crash, from the driver’s background and level of intoxication to the potential liability of the establishment that served them, leaving no stone unturned in our pursuit of justice.

The Dual Tracks of Justice in Impaired Driving Cases

A collision involving a drunk or drugged driver triggers two distinct but parallel legal proceedings. It is crucial for victims to understand the difference between the criminal case prosecuted by the state and the civil claim that they must pursue for their own financial recovery. These two tracks serve different purposes, yet they are deeply interconnected in how we build a successful strategy for our clients.

The Role of the Criminal Prosecution

The criminal case is initiated by the government, typically through the local District Attorney’s office. The primary goal of this proceeding is to punish the offender for violating Colorado’s penal codes, such as statutes prohibiting Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). The state seeks penalties such as jail time, probation, license suspension, mandatory alcohol education, and fines. While the criminal process is essential for societal retribution and public safety, it is important to understand that the criminal courts are not designed to compensate the victim. The restitution ordered in a criminal case is often limited and rarely covers the full extent of a victim’s medical expenses, lost future wages, or pain and suffering.

The Civil Personal Injury Claim

The civil case is the legal avenue where the victim takes control. This is a private lawsuit filed by the injured party against the intoxicated driver and their insurance company. The objective here is not incarceration, but full financial compensation for all losses sustained due to the crash. In the civil arena, we utilize the evidence gathered during the criminal investigation to strengthen our client’s claim. Under Colorado law, a concept known as negligence per se is particularly powerful in these cases. Negligence per se provides that if a defendant violates a statute enacted for public safety, such as the DUI laws, and that violation causes the type of harm the statute was meant to prevent, the defendant is presumed negligent. This means that a criminal conviction or even strong evidence of intoxication can effectively settle the question of liability, allowing us to focus our efforts on proving the full extent of the damages and securing the compensation necessary to rebuild your life.

Punitive Damages: A Tool for Punishment and Deterrence

One of the most critical distinctions between a standard car accident claim and a case involving an impaired driver is the availability of punitive damages. In a typical negligence case, the damages awarded are compensatory, meaning they are intended to make the victim whole by covering their actual losses. However, Colorado law recognizes that the conduct of a drunk driver represents a higher degree of culpability that warrants a stronger legal response.

Willful and Wanton Conduct

Colorado Revised Statutes allow for the recovery of exemplary damages, commonly known as punitive damages, when the injury is the result of fraud, malice, or willful and wanton conduct. In the context of impaired driving, courts have consistently found that the act of consuming alcohol or drugs to the point of intoxication and then voluntarily operating a motor vehicle constitutes willful and wanton conduct. This is defined as conduct that is purposefully committed and which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to the consequences or the rights and safety of others. By seeking punitive damages, we are asking the court not just to compensate the victim, but to punish the wrongdoer financially and to send a message to the community that such reckless behavior will not be tolerated.

Navigating the Procedural Requirements

Securing punitive damages requires a strategic and disciplined legal approach. Colorado procedural rules prohibit a plaintiff from including a claim for punitive damages in the initial lawsuit complaint. Instead, we must first conduct a thorough investigation and discovery process to gather clear and convincing evidence of the defendant’s willful and wanton behavior. Once this evidence is established, we file a motion with the court seeking permission to amend the complaint to add the punitive damages claim. This procedural hurdle ensures that only cases with merit proceed to this stage, and our firm is adept at building the necessary evidentiary foundation to succeed in these motions.

It is also important to note that Colorado law places a cap on the amount of punitive damages that can be awarded. Generally, the punitive award cannot exceed the amount of actual compensatory damages awarded. For instance, if a jury awards one million dollars in compensatory damages, the punitive damages would typically be capped at an additional one million dollars. However, the law provides an exception where the court may increase the punitive award to three times the amount of compensatory damages if it is shown that the defendant continued their dangerous behavior during the pendency of the case or acted in a willful and wanton manner during the legal action itself. We aggressively pursue these enhanced damages whenever the facts support them to maximize the recovery for our clients.

Third-Party Liability: The Dram Shop Act

In many catastrophic injury cases, the intoxicated driver’s insurance policy limits are insufficient to cover the victim’s extensive medical bills and lifelong care needs. When this occurs, it is essential to look beyond the driver to determine if other parties may share in the liability. Colorado’s Dram Shop Act provides a mechanism to hold licensed alcohol vendors accountable for their role in the tragedy.

Holding Vendors Accountable

Under Colorado Revised Statutes, a licensed alcohol vendor such as a bar, restaurant, tavern, or stadium can be held civilly liable for injuries caused by an intoxicated patron under specific and limited circumstances. To succeed in a Dram Shop claim, the injured plaintiff must prove that the vendor willfully and knowingly sold or served alcohol to a person who was either under the age of twenty-one or who was visibly intoxicated. Proving visible intoxication requires a meticulous investigation. We often must track down video surveillance footage, credit card receipts, and eyewitnesses who were at the establishment to testify about the driver’s demeanor, physical signs of impairment, and the quantity of alcohol served.

Strict Time Limits for Dram Shop Claims

One of the most dangerous pitfalls in Dram Shop litigation is the statute of limitations. While victims generally have three years to file a lawsuit against the at-fault driver in a motor vehicle accident case, the law requires that any Dram Shop action against a liquor licensee be commenced within one year of the sale or service of the alcohol. This is an unforgiving deadline. If a victim waits too long to seek legal counsel, the right to pursue the bar or restaurant may be lost forever. This urgency is why we encourage victims to contact Cook Bradford & Levy immediately after an accident. We launch an immediate investigation to preserve crucial evidence and ensure that all claims against all potential defendants are filed well within the statutory time limits.

The Catastrophic Impact of Impaired Driving

Accidents involving impaired drivers often occur at high speeds and without any evasive maneuvers such as braking or swerving, as the driver’s reaction times are severely compromised. This lack of avoidance results in collisions of tremendous force, leading to injuries that are frequently catastrophic and permanent. We routinely represent clients who are suffering from life-altering conditions that require complex medical and legal strategies to address.

Traumatic Brain Injuries and Spinal Cord Trauma

The violent forces of a DUI crash can cause severe Traumatic Brain Injuries that permanently affect a victim’s cognitive abilities, personality, and independence. Similarly, spinal cord injuries resulting in paraplegia or quadriplegia are tragically common. These injuries require not just immediate surgery and hospitalization, but a lifetime of specialized care, including home modifications, adaptive medical equipment, and round-the-clock attendant care. We work closely with medical experts and life care planners to create a comprehensive projection of these future needs. This detailed planning ensures that the settlement demand we present to the insurance company accurately reflects the millions of dollars in care that the victim will require over their lifetime.

Orthopedic and Internal Injuries

Beyond neurological damage, victims often suffer from complex orthopedic fractures that may require multiple surgeries and years of physical therapy. Internal organ damage is also a frequent consequence of the blunt force trauma associated with these wrecks. The road to recovery is long and arduous, often involving setbacks and complications. We ensure that every aspect of the physical suffering is documented and quantified. This includes the pain and suffering endured during the acute phase of recovery, as well as the chronic pain and physical limitations that will persist for the rest of the victim’s life.

Investigating the Claim: A Comprehensive Approach

Building a winning case against a drunk or drugged driver requires a proactive and thorough investigation. At Cook Bradford & Levy, we do not rely solely on the police report. We conduct our own independent inquiry to secure the evidence needed to prove liability and damages definitively.

Securing Critical Evidence

Our team works to obtain the complete police file, including body camera footage from the arresting officers, dashcam video, and 911 call recordings. These audio and visual records can be compelling evidence of the driver’s intoxication and reckless state of mind. We also analyze the toxicology reports to understand the specific substances involved. In cases of drugged driving, specifically involving marijuana or prescription medications, the analysis can be complex. We consult with toxicologists who can explain to a jury how the specific levels of drugs found in the defendant’s system impaired their ability to drive safely. This scientific evidence is crucial in countering any defense arguments that the driver was not actually impaired at the time of the crash.

Accident Reconstruction

In cases where liability is disputed or the mechanics of the crash are complex, we retain highly qualified accident reconstruction experts. These professionals use data from the vehicles’ event data recorders, also known as black boxes, along with physical evidence from the scene such as skid marks and debris fields, to recreate the accident. This scientific reconstruction can scientifically prove the speed of the vehicle, the lack of braking, and the specific sequence of events that led to the collision. This level of technical preparation is often what compels insurance companies to offer fair settlements rather than facing us in court.

The Advantage of Experienced Trial Counsel

When you are facing the aftermath of a drunk driving accident, the choice of legal representation matters. You need attorneys who are not only compassionate to your situation but are also feared by insurance companies for their trial capabilities. Jason Levy and Brian Bradford have built a reputation for excellence in personal injury law through their dedication to their clients and their willingness to take difficult cases to trial.

We understand that insurance companies are in the business of saving money, not paying claims. They will often try to minimize the value of a case by arguing that the victim’s injuries were pre-existing or that the medical treatment was unnecessary. In DUI cases, they may even attempt to shift blame to the victim. We anticipate these tactics and prepare every case as if it will go to verdict. Our detailed preparation sends a clear message that we will not accept lowball offers. We fight to ensure that our clients are compensated for every dollar of lost wages, every medical bill, and every moment of pain and suffering they have endured.

If you or a loved one has been injured by a drunk or drugged driver in Boulder County or elsewhere in Colorado, you are likely facing one of the most difficult challenges of your life. You do not have to face it alone. The attorneys at Cook Bradford & Levy are here to guide you through the complex legal landscape, manage the interactions with the insurance companies, and fight for the justice you deserve. We invite you to contact us for a free and confidential consultation to discuss your case and learn how we can help you reclaim your future.