What to Do If You Get Hit by a Drunk Driver in Colorado

Have you or a loved one been hit by a drunk driver in Colorado? You must act immediately to protect both your health and your legal rights. Knowing which steps to take can impact your ability to secure the compensation you deserve and hold the responsible party accountable.

At Sloat, Nicholson & Hoover, P.C., we understand the immense challenges that follow such a traumatic event. We commit to guiding you through each critical step of the claims process. This blog post will outline the essential actions you should take immediately after getting hit by a drunk driver. These steps include securing medical care, documenting the incident, understanding your legal rights, and finding competent legal representation. These steps help you protect your health and strengthen your legal case, setting a solid foundation for pursuing justice.

What to Do When You’re Hit by a Drunk Driver in Colorado

If a drunk driver hits you, taking immediate and appropriate action is crucial for both your health and your legal claim. Here’s what to do if you’re hit by a drunk driver:

• Ensure your safety. If possible, move immediately to a safe location. Prioritize your safety and that of any passengers. Avoid moving if you are severely injured by a drunk driver, and wait for emergency personnel to arrive.
• Call 911. Always report the accident to the police right away. A police report is vital as it documents the incident and is critical evidence, especially if the other driver was intoxicated.
• Gather evidence. While waiting for the police, take photos of the scene, the vehicles involved, any visible injuries, and road conditions that could have contributed to the accident. Capture images of the other driver’s license plate and any signs of alcohol use or impairment.
• Exchange information. Collect the other driver’s insurance details, contact information, and license number. Do this from a safe distance, especially if the other driver shows signs of aggression or further intoxication. You may need to wait for the police to arrive.
• Get witness statements. Obtain contact details from any witnesses at the scene. Their accounts can be invaluable in corroborating your version of events and establishing the other driver’s impairment.
• Seek medical attention. Visit an emergency room or your doctor as soon as possible. Some injuries, like internal bleeding or concussions, might not show immediate symptoms. Documenting your injuries through medical records is crucial for your health and any subsequent claim.
• Notify your insurance. Inform your insurance company about the accident, but limit the details you provide until you consult a lawyer. Avoid admitting fault or speculating about the accident details.
• Consult a Colorado personal injury lawyer. Speak with a lawyer who understands drunk driving accidents as soon as possible. They can provide essential guidance on securing evidence, dealing with insurance companies, and preparing for a potential claim.

These detailed steps can protect your health, help you secure vital evidence, and establish a strong foundation for your legal claim.

I Got Hit by a Drunk Driver, What Am I Entitled To?

Being in a drunk driver accident allows you to seek compensation for the damages and injuries you sustain. Understanding your legal rights is the first step toward ensuring that you receive the full benefits owed to you under the law. Here’s what you need to know:

• Compensation for medical expenses. If you are hit by a drunk driver, you are entitled to claim compensation for all medical treatments related to injuries from the accident. That includes immediate medical care, ongoing treatments, rehabilitation, and future medical expenses.
• Lost wages and earning capacity. If your injuries prevent you from working, you can claim lost wages. If your earning ability is compromised in the long term, you may also be entitled to compensation for loss of earning capacity.
• Pain and suffering. Colorado law allows for compensation for physical pain and emotional distress caused by the accident. This compensation is often calculated based on the severity of the injuries and the impact on your quality of life.
• Punitive damages. Colorado courts may award punitive damages in cases involving drunk driving, intending to punish the offender and deter similar conduct in the future.

To pursue maximum compensation, partnering with an experienced attorney is crucial. A skilled lawyer can help you understand the specifics of your case, negotiate with insurance companies, and, if necessary, represent your interests in court.

The Claims Process for a Drunk Driver Accident

Knowing what to expect when you’ve been hit by a drunk driver is essential. Despite the other driver being intoxicated, their insurance company has to conduct a coverage and liability investigation. The other driver’s insurance company can ask you for a recorded statement. Do not consent without first speaking to a lawyer. 

If you’re undergoing medical treatment, follow your doctor’s treatment plan. Otherwise, the insurance company’s adjuster will argue that you did not mitigate your damages, or they might claim you weren’t injured in this accident.

While it’s tempting to post about your accident on social media, don’t. You can expect the other side’s investigators to try and dig up anything they can on you. Having your social media accounts set to private isn’t enough. Just avoid social media altogether.

Suing a Drunk Driver: What to Know

Many cases involving a driver under the influence of alcohol will settle out of court. However, if the other driver’s insurance isn’t willing to settle, here’s what you need to know about suing a drunk driver.

You need to hire an experienced Colorado personal injury attorney. Pursuing a claim in litigation is complicated, and you should refrain from representing yourself. Be sure to speak with an attorney as early as possible because you don’t want to miss the filing deadline inadvertently. The statute of limitations is typically three years for bodily injury after a car accident in Colorado.

Hit By Drunk Driver FAQs

1. What should I do immediately after being hit by a drunk driver in Colorado?
Ensure your safety by moving to a secure location, call 911 to report the accident, gather evidence by taking photos and collecting witness statements, seek medical attention even if injuries aren’t immediately apparent, and consult a personal injury lawyer as soon as possible.

2. Can I sue a drunk driver for damages in Colorado?
Yes, you can sue a drunk driver for damages, including medical expenses, lost wages, pain and suffering, and punitive damages. Colorado allows victims to file a personal injury claim within three years of the accident.

3. What compensation can I receive after a drunk driving accident?
Victims may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and punitive damages designed to punish the at-fault driver for reckless behavior.

4. Should I talk to the other driver’s insurance company?
No, do not provide a recorded statement to the other driver’s insurance company without consulting an attorney first. Insurers may try to minimize your claim or use your statement against you.

5. How long do I have to file a claim after a drunk driving accident in Colorado?
Colorado’s statute of limitations for car accident injury claims is typically three years from the date of the accident. It’s crucial to act quickly to preserve evidence and protect your rights.

Hit By a Drunk Driver? Contact Sloat, Nicholson & Hoover, P.C.

Drunk driving accidents impose significant emotional, physical, and financial challenges. You do not need to navigate these difficulties alone. Immediate actions after the accident and thorough legal guidance can protect your health, secure essential evidence, and improve your compensation prospects.

At Sloat, Nicholson & Hoover, P.C., we provide skilled legal support to victims of drunk driving incidents. Our experienced attorneys guide you from your initial consultation to the successful resolution of your claim. Contact us today for a free consultation. Let us advocate for your rights and help secure the justice you deserve.