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Can I Sue a Drunk Driver Who Hit Me?

Name: Burg Simpson
Brand: Good Lawyers. Changing Lives
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Car Accident Lawyer

April 8, 2026 | 7 min read

Drunk driving can lead to devastating accidents. Innocent victims often suffer life-altering consequences while the drunk driver may walk away unscathed. By filing a hit by drunk driver lawsuit, you may be able to obtain compensation for your injuries and damages.

Car accidents due to drunk driving are 100% preventable. It is vital to hold impaired motorists accountable when they harm someone by drinking and driving.

At Burg Simpson, we have extensive experience representing the victims of motor vehicle crashes in Denver and other areas of Colorado. This includes those who have been injured by drunk drivers. Our goal is to obtain all of the compensation you and your family deserve.

Call 303-792-5595 today for assistance with a hit by drunk driver lawsuit. Your initial consultation is FREE and 100% confidential.

Hit by Drunk Driver Lawsuit FAQs

What Is the DUI Law in Colorado?

In Colorado, it is against the law to drive while under the influence of alcohol, controlled substances, or a combination of the two. Drivers in Colorado are also prohibited from operating a motor vehicle while their ability is impaired by drugs or alcohol. Both driving under the influence (DUI) and driving while ability impaired (DWAI) can carry steep legal penalties (see Colorado Revised Statutes § 42-4-1301).

DUI and DWAI are criminal matters. If drunk driving leads to an accident, the driver may also face civil liability.

What Is the Legal Limit in Colorado?

Colorado has strict laws against drunk driving. A blood alcohol concentration (BAC) of 0.08 or higher constitutes DUI, while a BAC of 0.05 or higher is considered DWAI (also called “buzzed driving”). The police may arrest any driver showing signs of impairment, even if their BAC is below the legal limit.

What Is the Dram Shop Law in Colorado?

Many states have dram shop laws, which allow the victims of an intoxicated patron’s actions to hold the establishment that served the alcohol accountable. Colorado has a dram shop law (C.R.S. § 44-3-801), but vendors are only liable if they:

Willfully and knowingly sell alcohol to someone under the age of 21
OR
Willfully and knowingly sell alcohol to someone who is visibly intoxicated

If either of these conditions apply in your case, you may be able to take legal action against the drunk driver and the establishment that sold them alcohol. This may include a bar, restaurant, nightclub, etc.

How Many Car Accidents in Colorado Involve Drunk Driving?

Drunk driving accidents are far too common in Colorado. According to CDOT, one in every three deaths on the road involve an impaired driver.

Preliminary data from CDOT shows that 234 people were killed in 2025 as a result of crashes involving impaired driving. Hundreds more are injured every year.

These statistics illustrate the awful toll of drunk driving and drugged driving in Colorado. You are not a statistic. If you have been hit by a drunk driver, it is important to understand your legal rights and take steps to protect them.

How Long Does a Drunk Driver Lawsuit Take?

Every case is different. Some claims are settled in a few months without having to file a lawsuit, while others are only resolved at trial after several years of litigation. A number of factors can affect how long your claim may take, including the seriousness of your injuries, the damages you are seeking, and the cooperation of the insurance companies.

You have 3 years from the date of the accident to file a lawsuit against a drunk driver. Dram shop claims must be brought within just 1 year of the date the defendant was served or sold the alcohol. Protect your rights by contacting a hit by drunk driver attorney ASAP.

Can I Sue Someone Who Hit Me While Drunk?

Yes, drunk drivers are generally liable for the accidents they cause. Nonetheless, the burden rests on the plaintiff to prove fault.

The majority of accident claims are brought on the basis of negligence, meaning the at-fault driver failed to exercise the care that a reasonable person would have under the circumstances. You have to show that the defendant:

Owed you a duty of care (all motorists have a duty to exercise reasonable caution behind the wheel; this includes not drinking and driving);
Failed to uphold the duty of care (in this case, by consuming alcohol and driving unsafely); and
Caused the accident that led to your injuries and damages.

A hit by drunk driver lawsuit may also be brought on the grounds of negligence per se. In this type of claim, you need to show that the defendant failed to follow an applicable law or regulation (such as Colorado Revised Statutes § 42-4-1301, which states that a driver with a BAC of 0.08 or higher commits DUI per se). The violation of the statute may be used as evidence of the defendant’s breach of duty.

Drunk driving is an egregious act that can have terrible consequences. Unfortunately, victims of drunk driving accidents are not automatically entitled to compensation. An experienced car accident lawyer in Denver can help you understand your legal options and assert your rights.

What If My Loved One Was Killed by a Drunk Driver?

A drunk driver may also be held liable for an accident resulting in the death of someone else. In Colorado, surviving family members can recover compensation for the wrongful death of a loved one.

The following elements must be proved for a wrongful death lawsuit to succeed:

The defendant owed your loved one a duty of care;
The defendant’s actions violated the duty of care;
Negligence on the part of the defendant caused your loved one’s death; and
You and your family sustained compensable damages.

Wrongful death claims may be brought on the basis of negligence or negligence per se. A knowledgeable attorney can prepare a strong case based on the unique factors involved.

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How Much Can I Sue for a Drunk Driving Accident?

The compensation you are entitled to as the victim of a drunk driving accident depends on the severity of your injuries and the losses you have suffered. Damages that may be pursued in a hit by drunk driver lawsuit include:

Medical bills
Lost wages
Pain and suffering
Disability
Scarring and disfigurement
Future medical expenses
The loss of earning capacity
Loss of consortium
Wrongful death damages, if your loved one was killed

Drunk driving accidents tend to be serious. It is not uncommon for innocent victims to suffer catastrophic injuries while the drunk driver is seemingly unhurt. These injuries can leave you with substantial medical expenses—both in the short term and going forward.

You should not have to pay for these costs when a drunk driver is the one responsible for your injuries. A Denver drunk driving victim lawyer can calculate the full value of your financial losses (including medical expenses, loss of income, etc.), as well as the non-monetary impact of the accident.

Punitive Damages for Drunk Driving Accidents

Drinking and driving may be considered “willful and wanton conduct” by Colorado courts. If this is the case, the court may award you punitive or exemplary damages under C.R.S. § 13-21-102. These damages are intended to punish the defendant and discourage drunk driving on the part of others.

How Long Do I Have to Sue a Drunk Driver?

The time limit for filing a lawsuit in Colorado is known as the statute of limitations. In Colorado, you have 3 years to file a lawsuit for any injury that arises from a motor vehicle accident (and 2 years for wrongful death).

You have a limited time to sue the drunk driver who hit you. Whether you were injured by a motorist who was intoxicated or your loved one tragically died, it is critical to take legal action as soon as possible.

How Can I Sue a Drunk Driver That Hit Me?

As a rule, the drunk driver’s auto insurance pays for the damages you suffered in the accident. If a fair settlement can be negotiated with the insurance company, it may not be necessary to file a lawsuit.

If the insurance company disputes fault for the accident or will not compensate you fairly, filing a lawsuit may be the best course of action. A knowledgeable accident lawyer can file your hit by drunk driver lawsuit with the appropriate court.

Strong evidence is crucial for any accident lawsuit, even ones with seemingly clear issues of negligence. The following evidence can help prove your case against the drunk driver that hit you:

Eyewitness testimony supporting the argument that the driver was intoxicated
Copies of the accident report; this may contain the responding officer’s observations of the driver’s behavior and the results of a field sobriety or breathalyzer test
Video footage of the accident
Photos showing the position of the vehicles
Court records showing that the defendant was convicted of a DUI and/or other charges for the accident

Filing a lawsuit and preparing for trial require legal experience, knowledge, and resources. Your attorney should be well-versed in Colorado legal procedures and committed to obtaining maximum compensation.

How Long Does It Take to Sue a Drunk Driver?

Months or even years may pass between the date you file the lawsuit and when your case is ultimately resolved. A host of different factors can affect the timeline for a drunk driving accident lawsuit, including:

The severity of your injuries
How much you are seeking in damages
Questions concerning fault and liability
The availability of evidence
Whether your case goes to trial

The insurance company’s willingness to treat you fairly can impact how long the lawsuit takes. Waiting to hear back from the insurer, denial of your claim, and stalled or unproductive negotiations can all lead to delays.

Hiring a lawyer may help to expedite the resolution of your case, as well as give you peace of mind that a qualified professional is acting in your best interest. A drunk driving victim attorney can handle settlement negotiations, litigation, and trial preparation on your behalf.

Is the Drunk Driver Always At Fault?

People assume that drunk drivers are always at fault for the accidents in which they are involved. While a motorist’s intoxication should be taken into account when investigating a crash, the use of alcohol does not automatically confer responsibility on a single driver.

If the other driver was drunk but you contributed to the accident in some way, you may still be entitled to compensation. Colorado uses a modified comparative negligence standard (C.R.S. § 13-21-111) that allows plaintiffs to recover damages for injuries if they are partly at fault, provided their share of negligence is less than that of the defendant’s.

Fault for a car accident can be a complex issue. That is why prompt investigation by an experienced attorney is so essential for protecting your legal rights. You may have additional claims if the evidence shows that the accident was caused by a defective vehicle or part, negligence on the part of a government entity, etc.

Holding Drunk Drivers Accountable

A hit by drunk driver lawsuit is entirely separate from any criminal charges the driver may face for the accident. Therefore, it is critical to work with a Denver drunk driving victim lawyer at Burg Simpson. Our in-depth experience and knowledge make us invaluable allies for those who have been injured by drunk drivers.

Drunk driving accidents are an outrage. As Good Lawyers. Changing Lives.®, we consider it our mission to right these wrongs and help victims and families get the compensation they need to rebuild their lives.

Contact Burg Simpson Today

If you were injured or lost someone you love in an accident where the driver was drunk, we encourage you to call 303-792-5595 or schedule a FREE case review online. Burg Simpson handles drunk driving accident lawsuits on behalf of clients throughout the Denver metro area and all of Colorado.