What is Classified as a Drunk Driving Accident?

An accident is recorded as occurring due to DUI when one or more driver is deemed to be “under the influence.” This is based on their blood alcohol content (BAC) and is recorded when their BAC is 0.08 or greater. Drivers can be charged with a DUI in Colorado if they have a BAC of 0.08 or greater, but will also be charged if they refuse a breathalyzer or chemical test by a law enforcement official. Even operating a non-motorized vehicles under the influence, such as bicycles, can lead to a DUI under state law. In states where marijuana is legal, including Colorado, DUI laws also apply.

Less commonly known are accidents caused by driving while ability impaired (DWAI). A driver in Colorado is considered to be ability impaired when they have a BAC of greater than 0.05 but less than 0.08. If the driver has a BAC of less than 0.05 but is still significant, they can still be charged with impairment to the “slightest degree”. The Denver drunk driving accident attorneys at Whalen Injury Lawyers are familiar with state law regarding DUIs and DWAIs and are prepared to represent you with the knowledge of how to get the most out of your drunk driving claim.

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The National Highway Traffic Safety Administration (NHTSA) reports that drunk driving claims the lives of over 10,000 people in the United States every year. An estimated 30% of Americans can expect to be a victim in an alcohol-related accident at some point in their lives. Our dui accident lawyers recommend that if you see a vehicle swerving or speeding down the road, assume there may be alcohol involved and avoid contact, even if you must pull over. If you can obtain the license plate number of the vehicle, call 911 and report the location of the vehicle, as you may be able to save lives with this simple action.

More Drunk Driving Statistics

The following information is taken from the National Highway Traffic Safety Association’s reported statistics for 2019 and is true to the best of their ability. Nationally, there were 36,096 reported people who suffered fatalities due to crashes where at least one person was suffering from the effects of alcohol. This number is staggering. Paired with the knowledge that in 2020, police reported a 9% increase compared to 2019 in crashes where at least one driver was alcohol-impaired drives the importance of driving safe and having a Denver drunk driving accident attorney to have your back when an accident is unavoidable.

Of the national total, Colorado accounted for 596 of these fatalities, which is 1.65% of the national total and the majority of which occurred between 6 pm and 3 am. Colorado statistics also show that DUI accidents also annually account for nearly one-quarter of all traffic deaths in the state. In the crashes caused by drivers impaired with alcohol, 474 drivers survived, though many walked away with catastrophic injuries. For accidents caused by alcohol-impaired drivers that result in catastrophic injury or wrongful death, you need a professional Denver drunk driving accident attorney to represent you so you can receive your deserved compensation for losses.

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If you’ve been injured in an accident in Denver involving a drunk driver, you need an experienced drunk driving accident attorney to represent your best interests and ensure you get the compensation you deserve for your medical bills, lost income and other accident-related expenses and damages. Serious injuries sustained in a drunk driving accident can disrupt your life and perhaps leave you unable to work for an extended period of time, possibly affecting your ability to provide for your family. Damages in car accident cases include loss of property, financial losses relating to medical expenses and lost wages, physical injury, pain and suffering, emotional distress, diminished quality of life, disfigurement and permanent physical impairment. A Denver drunk driving accident attorney, like the attorneys at Whalen Injury Lawyers, can get you the compensation you deserve.

What to Do After Being Involved in a Drunk Driving Accident

The first action anyone should take at the scene of an accident is to check for injuries and call the appropriate authorities for help. Serious injuries should always be the first concern of everyone at the scene – but in many instances these injuries do not surface until the weeks following a crash. If you suspect alcohol is involved in any way, then inform the authorities as soon as possible, either when calling them or when they arrive at the scene. The police will report on this, which could become a vital piece of evidence for your Denver drunk driving accident attorney when bringing a claim.

If you do not need immediate medical help, then you should take the time to collect as much information from the scene as possible. Obtain names, address, and phone numbers of all parties involved in the accident, including the officer at the scene; take pictures of the scene, including your vehicle and the vehicle of the other driver; then go to visit your doctor, even if you have no immediate injuries, to check for any internal damages and receive a report of health for your claim. Every piece of information can help you and your Denver drunk driving accident attorney with your claim. Learn more about what to do after a drunk driving accident here.

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Getting the Most Out of Your Drunk Driving Accident Lawsuit

One of the first responsibilities of a Denver drunk driving accident attorney in a drunk driving accident claim is to determine liability. This means that the drunk driving accident attorney must demonstrate that the other driver in the accident had acted negligently during the time of the crash. This may sound simple, but the process requires quite a bit of investigation, documentation, and capability of providing direct evidence to a court. This starts with the Denver drunk driving accident attorney providing evidence that the other driver disregarded the responsibility of reasonable care and caution when driving.

The drunk driving accident victim or their Denver drunk driving accident attorney must also present evidence of any sustained injuries, damages, and pain and suffering, emotional distress, disfigurement or other physical impairment, medical bills, lost wages and income, or other losses. This information can be difficult to work through and document evidence for, which is where a drunk driving accident attorney, like the attorneys at Whalen Injury Lawyers, comes into your case. Our professionals can help you not only document these losses but also evaluate how your accident has seriously affected your life to receive the best compensation for you.

When bringing a claim to court, the plaintiff or Denver drunk driving accident attorney has the burden of establishing a link between the liability in the case and the damages for which they are seeking compensation relating to the defendant’s negligent conduct. This burden is called causation and encompasses more than simply proving that the defendant was driving under the influence or driving while ability impaired and caused the injuries that are alleged in the case. More than that, the drunk driving accident attorney or plaintiff must prove that the defendant’s actions directly caused the injuries, damages, or losses sustained by the plaintiff. This can be more difficult than originally perceived, as causation often requires the professional opinions of medical specialists, experts in injury causation, biomechanical engineering, and medical practitioners. The Denver drunk driving accident attorneys at Whalen Injury Lawyers remind you that when vehicle accident cases occur, especially those that have one or more drivers who were under the influence, there are highly fact-specific that are needed in the case and this requires close evaluation by attorneys with years of claim and lawsuit experience.

Why Choose Whalen Injury Lawyers?

At Whalen Injury Lawyers, our Denver drunk driving accident attorneys have represented hundreds of accident clients over the years and recovered millions of dollars on behalf of our clients. We establish direct, meaningful, trusted and reliable client relationships and always strive to reach fair settlements. Although persons convicted of criminal charges in drunk driving cases may face jail time and license revocation, a personal injury case proceeds separately from a criminal prosecution and offers you the best chance of receiving compensation for your injuries, losses and damages. At Whalen Injury Lawyers, our drunk driving accident attorneys know the devastating effects being involved in a DUI accident can bring to you and your loved ones, and we work closely with you to ensure that you get the medical treatment you need, the support you deserve, and the representation you rely on. Our Denver drunk driving accident attorneys take pride in being recognized as Colorado Super Lawyers, Top Forty Under 40 by the Denver Business Journal, Top Attorneys in Colorado by 5280, The Nation’s Top 1% by the National Association of Distinguish Counsel and Best Attorneys of America (RUE). Our drunk driving accident attorneys are also proudly listed by the National Trial Lawyers Association (NTL) as Top 100 Trial Lawyers in the Nation and Top 40 Under 40 Trial Lawyers in the Nation.

Case Results

$1 M

Car Accident Settlement

$300 K

Bad Faith Insurance Coverage Settlement

$900 K

Drunk Driver Motor Vehicle Injury Settlement

Contact Us

When you need an experienced, compassionate, qualified professional drunk driving accident attorney with a proven track record of success who will fight for your best interests contact us today. We are happy to offer you a free, no-obligation consultation with one of our qualified Denver drunk driving accident attorneys. You can reach us in Denver at (720) 307-2666 to learn more. Our offices are conveniently located in the Denver Tech Center at 7955 East Arapahoe Court, Suite 2375, Centennial, CO 80112.

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