If you’ve been involved in a car accident caused by a drunk driver, it’s crucial to understand how this affects your personal injury case. In Colorado, a driver is legally considered intoxicated if their blood alcohol concentration (BAC) is .08 percent or higher. For minors, the threshold is much lower, set at .02 percent. Commercial drivers face even stricter regulations, with a BAC limit of .04 percent due to the heightened risk they pose when operating large vehicles.
In the unfortunate event that you are hit by a drunk driver, the legal process mirrors that of any other car accident case. However, the fact that the other driver was intoxicated can significantly impact the case. Proving negligence in drunk driving accidents is often more straightforward because the impaired state of the driver is clear evidence of recklessness. At Allen Accident Law, we are dedicated to guiding you through the complexities of your case, ensuring that your rights are protected and that you receive the compensation you deserve.
Who Is At Fault for Drunk Driving?
In cases involving drunk driving, several factors come into play that affect the determination of fault and the compensation you may receive. Here’s a breakdown of what you need to know:
- Insurance Defense: The insurance company of the at-fault, drunk driver will typically provide a defense or a defense attorney for the driver. The legal process will proceed as usual, but the involvement of alcohol or drugs can affect the damages awarded.
- Marijuana Impairment: With marijuana now legal in Colorado, there are increasing cases of drivers impaired by marijuana rather than alcohol. The legal standards for impairment apply equally to marijuana, and the same rules for proving fault and negligence are used.
- Punitive Damages: In cases involving alcohol or drugs, plaintiffs can seek “punitive damages.” These damages are intended to punish the at-fault driver for their reckless behavior and serve as a deterrent to others. Punitive damages are awarded when the driver acted with reckless disregard for the safety of others.
- Impact of Intoxication on Settlements: The involvement of alcohol or drugs often makes it easier to settle car crash cases. Insurance companies are aware that juries are likely to award higher damages in such cases, even if the injuries are not severe. The presence of intoxication can lead to higher verdicts or settlements because juries want to send a strong message against impaired driving.
- Higher Jury Verdicts: If you suffer an injury, such as a herniated disc, due to a collision with a drunk driver, the compensation you receive may be higher than if the driver was sober. This is because the intoxicated state of the driver contributes to a greater sense of liability and a desire to impose higher financial consequences.
- Ongoing Issue: Despite stringent criminal penalties, drunk and drugged driving remains a significant problem. Some individuals continue to drive under the influence, believing they are an exception or can handle the effects better than others. This behavior increases the risk to everyone on the road.
At Allen Accident Law, we are dedicated to holding impaired drivers accountable and ensuring that victims receive the compensation they deserve.
Contact Allen Accident Law to Speak with a Drunk Driving Accident Lawyer in Fort Collins
It’s a well-known fact that intoxicated drivers have significantly impaired reflexes and reaction times compared to sober drivers. The myth that some people can drive safely while under the influence is simply not true. Alcohol and drugs severely compromise a driver’s ability to operate a vehicle safely, leading to increased risks and potential for accidents.
To combat this dangerous behavior, it’s crucial to take proactive measures: always ensure that those who have been drinking or using drugs have alternative transportation options. Designated drivers and other forms of safe transport are essential to preventing impaired driving and protecting everyone on the road.
If you or a loved one has been a victim of a drunk driving accident, you need a legal advocate who understands the complexities of these cases. With extensive experience handling drunk driving accident cases, I am here to offer you the support and legal expertise you need.
Please don’t hesitate to reach out to me. You can call or email Allen Accident Law directly to discuss your case and explore your options for seeking justice and compensation. Your safety and well-being are our top priorities, and we are committed to holding intoxicated drivers accountable for their actions. Contact us today.