Drunk driving accidents are one of the leading causes of motor vehicle accidents, leaving thousands injured or killed every year. The Colorado Department of Transportation reports that in 2022, a heart-wrenching 271 precious lives were lost due to impaired driving. This is a jump from the 255 lives snuffed out in 2021, all because someone chose to get behind the wheel after drinking.
In the past year alone, Colorado witnessed a mind-boggling 736 traffic fatalities. It’s a stark reminder of the risks we face every time we hit the road. If you or a loved one live in Denver and have been involved in a drunk driving accident, it is important to contact a Denver drunk driving accident lawyer. They will help you understand the legal process and hold negligent drivers accountable for their actions.
What is Drunk Driving?
Driving under the influence (DUI) or driving while intoxicated (DWI) is illegal–and can be considered a felony under the right circumstances. This means operating a vehicle with a blood alcohol concentration (BAC) above the legal limit of 0.08%. Drinking affects an individual’s ability to operate a vehicle safely by impairing their motor skills, decision-making skills, and reaction time.
Holding Negligent Drivers Accountable
When drivers choose to drink and get behind the wheel, they behave recklessly and endanger themselves and others on the road. Victims injured in drunk driving accidents have the right to seek accountability from negligent drivers by filing personal injury lawsuits against them.
Proving Negligence in Drunk Driving Accidents
In order to hold drunk drivers accountable for their actions, it must be proven that they were negligent in operating their vehicles while intoxicated. In order for negligence to be established, four elements must be present:
- Duty – The driver had a duty to operate the vehicle safely.
- Breach – The driver breached this duty by operating their vehicle while intoxicated.
- Causation – The driver’s breach of duty caused harm or injury.
- Damages – There were actual damages suffered as a result of the accident caused by the intoxicated driver.
If these four elements can be proven through evidence gathered during an investigation into the accident, then there is cause for legal action against said drunk driver.
Seeking Legal Representation
Victims injured in drunk driving accidents should consider seeking legal representation from reputable personal injury lawyers specializing in automobile crashes involving substance use which can help them navigate the legal process. They will work diligently to help victims recover compensation for their damages, including medical expenses, loss of wages, and emotional pain and suffering.
Victims can also pursue punitive damages against drunk drivers who caused an accident. Punitive damages are a form of punishment that can be awarded in addition to other damages. It is meant to discourage future similar behavior in negligent drivers.
The Role of Insurance Companies
Insurance companies get involved during any automobile crash where claims are made; this also applies to cases involving drunk driving accidents. Victims should be aware that insurance companies will often attempt to offer a settlement amount lower than they may truly need or legally deserve.
As such, it’s crucial for victims not to agree immediately with any offers made by insurance adjusters but take some time to review all options their personal injury lawyer presents regarding compensation, ideally based on qualitative assessment. This leads us to discuss further steps one can take after experiencing a drunk-driving auto collision.
Steps To Take After Being Involved In A Drunk Driving Accident
After being involved in a collision with a driver who was under the influence:
- Call 911 – First things first: call for emergency personnel if anyone is injured.
- Cooperate – Remain cooperative with law enforcement upon arrival at the scene.
- Collect Information – Obtain contact information from all parties involved (drivers, passengers, etc.).
- Documentation – Take photos if possible, as they could be helpful.
Conclusion
Drunk driving accidents are reckless and cause harm not only to those responsible but to innocent bystanders as well. It’s critical that motorists refrain from operating vehicles while intoxicated in order to protect themselves and others on the roadways. Victims or family members affected by drunk drivers shouldn’t hesitate to pursue legal action against any reckless parties who caused their injuries or mortalities due to negligent behavior. It is essential for those considering legal action to seek representation from unbiased witnesses and to take their time understanding the various legal avenues for compensation and closure.
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