When One-Third of Fatal Crashes Involve Impaired Drivers, Your Case Changes Everything
In 2020, impaired driving accounted for nearly 33% of all Colorado State Patrol fatal crashes. If you’ve been injured by an impaired driver, this statistic represents the preventable tragedy that has upended your life. Understanding how impaired driving affects your legal case can be the first step toward recovery and justice.
💡 Pro Tip: Document everything immediately after an accident, including any signs of impairment you observed such as slurred speech, alcohol smell, or erratic behavior—these details can significantly strengthen your case.
When an impaired driver’s choices turn your life upside down, you need support that understands your struggle. Let Jarret J. Benson Law guide you through the legal maze to secure the compensation you deserve. Reach out to us at (720) 710-6753 or contact us today to take the first step towards justice.
How Colorado’s Impaired Driving Laws Protect Your Rights as an Accident Victim
Colorado law establishes clear BAC thresholds: 0.05% for DWAI (Driving While Ability Impaired) and 0.08% for DUI (Driving Under the Influence). When working with an auto accident lawyer in Denver, these legal standards become powerful tools in establishing liability. DUI/DUID-caused crashes are more likely to result in injuries and deaths than crashes where alcohol is not a factor, with impaired drivers having 4 to 12 times higher crash risk depending on BAC levels, which is why these cases often result in stronger claims for victims.
Even if a driver’s BAC was below 0.08%, you may have a strong case if their ability to drive was impaired. Colorado has expanded drug screening after fatal DUI crashes since 2019 and now has over 120 Drug Recognition Experts statewide, providing comprehensive evidence that can benefit your claim.
đź’ˇ Pro Tip: Even if criminal charges aren’t filed or result in a plea deal, you can still pursue a civil claim for damages—the burden of proof is lower in civil cases than criminal ones.
The Critical Timeline for Building Your Impaired Driving Accident Case
Time is crucial when pursuing a claim involving an impaired driver. Evidence proving impairment can disappear quickly. In 2024 alone, there were 16,220 DUI cases filed in Colorado. Here’s what typically happens in the critical first stages:
- Immediate Response (0-24 hours): Police conduct field sobriety tests and collect BAC evidence; officers document observations for testimony
- First Week: Criminal charges may be filed; your attorney obtains police reports and preserves evidence
- First Month: Drug screening results become available; witness statements are collected while memories remain fresh
- 2-6 Months: Criminal proceedings may provide additional evidence; medical documentation establishes full injury extent
- 6-12 Months: Settlement negotiations begin once damages are clear; if needed, case moves toward trial preparation
💡 Pro Tip: Request a copy of the police report immediately—Colorado law enforcement made more than 6,750 DUI arrests across The Heat Is On enforcement periods in 2024, and these reports contain crucial evidence for your civil case.
Building a Powerful Case with an Auto Accident Lawyer in Denver Who Understands Impaired Driving Claims
When one out of every three traffic deaths in Colorado involves an impaired driver, having legal representation that understands these complexities becomes essential. The team at Jarret J. Benson Law has extensive experience handling impaired driving accident cases throughout Denver. An impaired driving (DWAI) conviction counts as a prior DUI for determining second or third offenses in Colorado, regardless of how long ago the prior conviction occurred, as Colorado has no lookback period, demonstrating a pattern of dangerous behavior.
Your attorney will use multiple evidence sources including police reports, witness testimony, and expert analysis. The fact that 36 percent of unlicensed drivers involved in fatal crashes were impaired by alcohol or drugs demonstrates how impairment often combines with other dangerous behaviors, strengthening your claim for compensation.
đź’ˇ Pro Tip: Don’t accept a quick settlement from insurance companies—impaired driving cases often result in higher compensation due to the egregious nature of the defendant’s conduct, but only if you have experienced legal representation.
Critical Evidence That Transforms Impaired Driving Statistics into Case Victories
Colorado’s commitment to tracking impaired driving provides valuable data for accident victims. With 210 lives lost to impaired driving out of 684 total traffic fatalities in 2024, the state maintains detailed records your auto accident lawyer in Denver can access. The Colorado State Patrol publishes fatal and injury crash investigations and maps used to track DUI/DUID patterns, creating information that carries significant weight in negotiations and court proceedings.
Leveraging State Resources and Expert Testimony
The presence of over 120 Drug Recognition Experts throughout Colorado means impairment assessments go beyond simple breathalyzer tests. When law enforcement officers testify about Field Sobriety Test observations, multiple errors become powerful evidence of impairment. This testimony, combined with scientific evidence, creates a compelling narrative that insurance companies and juries find difficult to dispute. Understanding NHTSA Alcohol-Impaired Driving Countermeasures can also provide insight into the preventable nature of these crashes.
💡 Pro Tip: Ask your attorney about obtaining dashcam or bodycam footage from the arrest—visual evidence of impairment can be incredibly persuasive in settlement negotiations.
Maximizing Compensation When Impairment Magnifies Your Damages
The devastating impact of impaired driving crashes extends far beyond typical accidents. Impaired drivers with a BAC of 0.08 are approximately four times more likely to crash than drivers with a BAC of zero, and crash risk increases to roughly 4–12 times higher depending on BAC level. Approximately 30% of all traffic crash fatalities in the United States involve alcohol-impaired drivers. Victims often face more severe injuries, longer recovery times, and greater financial losses. Your auto accident lawyer in Denver will help document immediate medical expenses, long-term care needs, lost wages, reduced earning capacity, and the profound emotional toll these preventable crashes cause.
Understanding Punitive Damages in Impaired Driving Cases
Unlike standard negligence cases, impaired driving accidents may qualify for punitive damages designed to punish the wrongdoer and deter similar behavior. The alarming 14.2% increase in alcohol-impaired driving fatalities from 2020 to 2021 nationally, with 13,384 deaths, demonstrates why courts take these cases seriously. When you consult a lawyer experienced in impaired driving cases, they can evaluate whether your case meets Colorado’s standards for pursuing these additional damages.
💡 Pro Tip: Keep a daily journal documenting your pain levels, mobility limitations, and emotional struggles—this personal account can be powerful evidence of non-economic damages.
Frequently Asked Questions
Common Legal Concerns About Impaired Driving Accident Claims
Here are answers to the questions we hear most often from accident victims:
💡 Pro Tip: Write down all your questions before meeting with an attorney—the trauma of an accident can make it easy to forget important concerns during consultations.
Next Steps in Your Impaired Driving Accident Case
The following questions address what you should expect as you move forward with your claim:
💡 Pro Tip: Most personal injury attorneys offer free consultations for impaired driving accident cases—use this opportunity to evaluate their experience with similar cases.
1. How does the 33% statistic of impaired driving in fatal crashes affect my Denver auto accident case?
This statistic demonstrates the serious nature of impaired driving in Colorado and strengthens your case by showing the preventable nature of these crashes. Courts and insurance companies recognize that impaired driving represents a conscious choice to endanger others, often resulting in higher settlements or verdicts. Your attorney can use state-specific data and Colorado impaired driving safety resources to build a compelling case for maximum compensation.
2. What if the drunk driver wasn’t arrested or convicted of DUI?
A criminal conviction isn’t necessary for a successful civil claim. Your Denver auto accidents attorney can prove impairment through witness statements, driving behavior, physical evidence, and expert reconstruction. The burden of proof is lower in civil cases—you need only show impairment was more likely than not, rather than proving it beyond a reasonable doubt.
3. Can I recover damages if I was partially at fault but the other driver was impaired?
Yes, Colorado follows a modified comparative negligence rule. You can recover damages as long as you were less than 50% responsible. The other driver’s impairment often significantly reduces any fault attributed to you, as their decision to drive impaired is considered particularly egregious conduct that contributed substantially to the crash.
4. How long do I have to file a lawsuit against an impaired driver in Colorado?
Colorado’s statute of limitations for auto accident cases is typically three years from the accident date. However, evidence can disappear quickly in impaired driving cases, and insurance companies often move fast to minimize exposure. Contacting a Colorado impaired driving attorney promptly ensures crucial evidence is preserved and your rights are protected.
5. What damages can I recover in an impaired driving accident case?
Impaired driving victims can recover economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering, emotional distress), and potentially punitive damages. Given that impaired driving crashes are more than twice as likely to cause serious injuries or death, these cases often involve substantial damages. An experienced Denver traffic fatality lawyer can help ensure all your damages are properly documented and pursued.
Work with a Trusted Auto Accidents Lawyer
When impaired driving shatters lives—as it does in one out of every three traffic deaths in Colorado—victims deserve aggressive legal representation. The attorneys at Jarret J. Benson Law understand the unique challenges and opportunities these cases present. With detailed knowledge of Colorado DUI laws, experience working with state resources, and a commitment to holding impaired drivers accountable, they help accident victims throughout the Denver metro area pursue the full compensation they deserve. Don’t let an impaired driver’s reckless choice define your future—reach out today to learn how strong legal advocacy can help you move forward.
If impaired driving has thrown your life into chaos, look no further than Jarret J. Benson Law for the guidance you need. We’re here to help navigate the complexities and secure rightful compensation. Don’t hesitate to reach out at (720) 710-6753 or contact us today.