Negligence in Drunk Driving Car Crashes
Drunk driving is a serious problem with over 10,000 drunk driving-related fatalities each year in the United States, according to the National Highway Traffic Safety Administration. In Colorado, statistics show that driving under the influence of alcohol or drugs routinely accounts for approximately one-quarter of all traffic deaths in the state annually. Efforts to curb drunk driving, such as public awareness campaigns and the promotion of alternative forms of transportation, are effective at discouraging this dangerous form of behavior but only up to a point. Drunk driving is a phenomenon here to stay and, with it, the continued prevalence of drunk driving accidents and accident-related deaths.
Whalen Hersh is a Colorado personal injury law firm whose lawyers have a strong history of successfully representing drunk driving accident victims. Our team of Denver drunk driving accident attorneys has recovered millions of dollars on behalf of drunk driving victims who require compensation for the purpose of paying a variety of expenses, damages, and losses. Being involved in a serious drunk driving accident can upend the normal course of your life and even leave you permanently disabled and unable to earn a living. The personal injury lawyers at Whalen Hersh stop at nothing to help individuals in difficult circumstances pursue monetary damages for medical bills, lost wages and income, pain and suffering, physical impairment, disfigurement, and more.
A significant part of our job when it comes to representing a drunk driving accident victim is determining liability. Generally, qualifying for compensation through a Colorado car accident lawsuit hinges on being able to demonstrate that the other driver acted negligently. The elements of a negligence claim in Colorado are as follows:
Duty of Reasonable Care and Breach of That Duty
All motorists in Colorado have a duty to exercise reasonable care whenever they get behind the wheel. Reasonable care is defined as the degree of concern and caution that an ordinary and prudent person would exercise in similar circumstances. Operating a motor vehicle while intoxicated and causing an accident as a result breaches this duty.
Injury, Damages, or Losses
In pursuing damages, a drunk driving accident victim must introduce evidence showing that they have sustained injuries, damages, or losses, which can include physical injury, pain and suffering, emotional distress, physical impairment, disfigurement, medical bills, lost wages and income, and more. The personal injury lawyers at Whalen Hersh can help you document this kind of information and evaluate how being involved in a serious auto accident has adversely affected your life.
The plaintiff in a drunk driving accident lawsuit must establish a link between the defendant’s negligent conduct and the damages for which they are seeking compensation. This is called causation and is distinct from establishing that the defendant was impaired by drugs or alcohol or otherwise engaged in wrongful conduct at the time of the accident. The defendant’s actions must be proven to be a cause of the claimed injuries, losses, and damages, which can sometimes be difficult and require experts in injury causation, biomechanical engineering, and of course medical treaters. The personal injury attorneys at Whalen Hersh reminds you that every drunk driving accident case is highly fact-specific and thus calls for close evaluation by an attorney with years of experience handling these types of lawsuits.
Contact our Colorado Injury Lawyers Today
Whalen Hersh is an established Colorado law firm that exclusively represents plaintiffs in a wide array of personal injury matters – including drunk driving accident cases. In establishing trusted and reliable relationships with our valued clients, our injury lawyers excel at making sure that each client gets all the necessary medical treatment coupled with professional legal representation and, ultimately, helping them obtain financial compensation in settlement or at trial.
We’re happy to review the details of your case and discuss your legal options. Set up a free consultation with one of our lawyers today by submitting this online form. You can also reach us in Denver at (720) 307-2666 or in Colorado Springs at (719) 644-7000.