Wrongful Death and Drunk Driving Accident Victim

When a drunk or drugged driver takes a life, the loss is permanent and the consequences ripple through a family for years. Cook Bradford & Levy, is headed by trial lawyers Jason Levy and Brian Bradford, and we help Colorado families hold impaired drivers and any other legally responsible parties accountable in wrongful death cases arising from drunk driving crashes. Our goal is to shoulder the legal burden so your family can focus on grieving, healing, and honoring your loved one’s life. Call us today at 303-543-1000 for a free consultation about your case and get the help that you need.

How Colorado Law Treats Drunk Driving Deaths

Colorado recognizes two tracks after a fatal DUI crash. There is a criminal case handled by the district attorney and a civil wrongful death claim brought by the family. The criminal prosecution punishes the offender and may result in a conviction for vehicular homicide if alcohol or drugs were involved. Sometimes, unfortunately, the wrongful death is a simple misdemeanor traffic offense called “careless driving resulting in death.” The civil claim that we would handle is separate and seeks compensation for the financial losses the family suffers. 

Vehicular Homicide in Colorado

Vehicular homicide is a felony. If the driver was under the influence, it is typically charged as a class 3 felony. If the prosecutor proceeds on reckless driving without proof of intoxication, it is generally a class 4 felony. A criminal conviction can supply powerful evidence for a civil case, but your right to bring a wrongful death claim does not depend on a conviction. Civil liability is established under a preponderance of the evidence standard, which is different from the criminal burden of proof. 

The Civil Wrongful Death Claim

Colorado’s Wrongful Death Act allows specific surviving family members to bring a claim when a death is caused by negligence or a wrongful act. In the first year after a death, the surviving spouse has the exclusive right to file. In the second year, children and the spouse may file, and if there is no spouse or children, parents may file. Beginning in 2025, Colorado expanded eligibility in limited situations to allow siblings to bring a case if there is no surviving spouse, child, parent, or designated beneficiary. Your specific family structure and the date of death matter, so it is important to get tailored advice.

Damages Your Family May Recover

In a civil wrongful death case, recoverable damages can include grief, loss of companionship, emotional pain and suffering, funeral and burial costs, and the financial support and services the decedent would have provided. In addition, a related survival action filed by the estate may recover the medical bills and lost earnings the decedent incurred from the time of injury until passing.

Punitive or Exemplary Damages

Because choosing to drive while impaired is treated as a willful and wanton act, Colorado law allows juries in appropriate cases to award exemplary damages to punish and deter reckless conduct. These damages are in addition to compensation for the family’s losses. Our team evaluates whether the facts support a claim for exemplary damages and how to present that evidence persuasively. 

Who Else Can Be Liable Besides the Driver

While the impaired driver is the primary wrongdoer, Colorado law can place responsibility on other parties in limited circumstances.

Dram Shop Liability

Colorado’s Dram Shop Act creates a narrow cause of action against licensed alcohol vendors that willfully and knowingly serve a minor or a visibly intoxicated person who later causes injury or death. Two features make these claims different. First, the time limit is short. You generally must file within one year of the sale or service. Second, the statute caps the total liability of the vendor, with a base cap of 150,000 that the Secretary of State adjusts for inflation every two years. Many practitioners describe the current adjusted cap as higher in practice than the original figure. These claims require fast investigation to identify where the driver was served and to secure surveillance footage, credit card receipts, and witness testimony. 

Social Host Liability

Colorado allows claims against a social host in very limited circumstances. The host must have knowingly served a person under 21 or knowingly provided a place for someone under 21 to drink. As with vendor claims, the statute imposes a one year deadline and a capped recovery. Claims for service to adult guests are generally barred. 

How We Build a DUI Wrongful Death Case

Families often ask how we turn a tragedy into a compelling claim for accountability. Our approach is deliberate and thorough.

Immediate Investigation

We move quickly to preserve proof before it disappears. That can include sending spoliation letters to bars and restaurants, obtaining 911 audio, crash data from vehicles, and body camera video, and securing surveillance footage from nearby businesses. When a Dram Shop claim is possible, the one year statute makes early action essential. 

Proving Intoxication and Fault

Police reports and toxicology establish impairment, but civil liability still requires proof of fault. We work with collision reconstructionists to map speeds, braking, and points of impact, and with human factors experts to explain how alcohol affected perception and reaction times. If a vendor or social host may be liable, we locate receipts, tabs, and witnesses who observed slurred speech, stumbling, or glassy eyes that show visible intoxication. 

Valuing Loss and Telling Your Story

Wrongful death is about more than numbers. We collect testimony from friends, coworkers, coaches, and community members to describe the person your loved one was. Economists help quantify the loss of earnings and household services. Mental health experts may explain the depth and duration of grief. This evidence helps juries and insurers understand the full measure of loss within Colorado’s damages framework, including the updated cap for non economic damages.

Insurance and Sources of Recovery

Most claims begin with the impaired driver’s liability coverage. When limits are inadequate, we look at every lawful source of recovery

UM and UIM Coverage

Many Colorado families recover through their own uninsured or underinsured motorist coverage when the drunk driver has little or no insurance. UM or UIM policies step into the shoes of the at fault driver up to the coverage limits when the at-fault driver has no coverage or inadequate coverage. We manage these claims carefully to preserve your rights and avoid pitfalls such as premature recorded statements or lowball offers. 

Vendor or Host Responsibility

If a bar, restaurant, or liquor store unlawfully served a visibly intoxicated person or a minor, we evaluate a Dram Shop claim and secure proof within the short one year deadline. Where the facts support it, we file against both the driver and the vendor to ensure all responsible parties contribute to the recovery. 

Deadlines You Need To Know

Time limits in DUI related wrongful death cases can be confusing because two different statutes may apply.

Two Years for Wrongful Death

The general statute of limitations for a Colorado wrongful death claim is two years from the date of death. When a governmental entity is involved, a claimant has six (6) months to comply with Colorado’s Governmental Immunity Act notice requirements. Filing after that deadline can bar recovery unless a narrow exception applies.

One Year for Dram Shop and Social Host Claims

Claims against a licensed vendor or social host must be filed within one year of the sale or service. Because evidence at bars and restaurants is transient, acting well before the deadline is essential. 

Why Families Choose Cook Bradford & Levy

We are a Colorado firm with deep roots along the Front Range. Our offices in Lafayette, Longmont, and Denver make it easy to meet where it is convenient for you. We have helped many families after drunk driving tragedies and we know how to navigate the criminal civil overlap, the insurance landscape, and the unique proof burdens in Dram Shop cases. Clients often come to us after feeling overwhelmed by paperwork and calls. We take over those communications and build the case while keeping you informed. 

The Team You Will Work With

Your case will be led by partners Jason Levy and Brian Bradford. From intake to resolution, you will have direct access to your lawyer and a responsive team that understands the emotional weight of wrongful death litigation. We measure success in both results and the care we provide along the way. 

Frequently Asked Questions

Do we have to wait for the criminal case to finish?

No. While a guilty plea or conviction can simplify parts of the civil case, your claim is independent. In many situations we proceed in parallel and use the criminal case materials where appropriate. With that said, once the criminal case is complete, the entire criminal file from the DA’s office is released, which can contain extremely helpful information to assist us in prosecuting your civil claim.

Can we recover punitive damages from a drunk driver?

Yes, exemplary damages may be available when the evidence shows willful and wanton conduct. We assess this early and develop the record needed to support a punitive claim. 

Can a bar be held responsible if it overserved the driver who killed our loved one?

Possibly. Colorado permits claims against vendors that willfully and knowingly served a minor or a visibly intoxicated person, but the time limit is one year and the vendor’s liability is capped by statute with inflation adjustments. Fast action is critical to preserve proof such as receipts and video. 

What if the driver’s insurance limits are too low?

We look to your family’s UM or UIM coverage, the driver’s personal assets, and any viable claims against vendors or social hosts. Each case is different and requires a careful review of the facts and policies involved. 

Take the Next Step Toward Accountability and Healing

Nothing can replace the person you lost, but taking action can protect your family’s future and create lasting accountability. At Cook, Bradford & Levy, our Colorado wrongful death attorneys understand the emotional and financial weight of losing a loved one to negligence. When you trust us with your case, we move quickly and strategically to preserve critical evidence, identify every responsible party, and position your wrongful death claim for the full and fair compensation Colorado law allows under the updated damages cap.

You do not have to face this process alone. Our Lafayette-based law firm serves grieving families across Colorado with compassion, transparency, and unwavering advocacy. Call Cook, Bradford & Levy today at 303-543-1000 or contact us online for a free, no-pressure consultation. We can meet in person, over video conference, or by phone; whatever feels most comfortable for you. Let us help you seek justice, find clarity, and take the next step forward.