When a drunk driver changes your life on I-25, Colfax Ave, or any Denver road, Colorado law can hold both the driver and the establishment that over-served them responsible. We work from our Denver office at 2701 Lawrence St. to recover every dollar you are owed. No fee unless we win.
No fee unless we winIt's More Than Money.
Serving Denver from our office at 2701 Lawrence St., CGH Injury Lawyers investigates both the impaired driver and any establishment that poured the drinks. We handle the insurer, the negotiations, and trial in Denver District Court when an insurer refuses to be fair. You pay nothing unless we recover for you.
A DUI crash leaves victims in multiple vehicles, on sidewalks, and in crosswalks. We represent any person who was not the impaired driver and who suffered an injury because of that driver's conduct.
If you are the driver facing DUI charges, we cannot help with your criminal case. Our practice is entirely on the injured side of these collisions.
A drunk-driving crash combines standard motor vehicle negligence law with a second track: dram shop liability against the bar or restaurant that over-served the driver. Each track has its own rules, its own deadline, and its own damages calculation. Understanding both before you talk to the insurer is the difference between a partial recovery and a full one.
Like every Colorado car accident case, your claim against the impaired driver rests on four elements of negligence: duty, breach, causation, and damages. A driver whose blood alcohol exceeds the legal limit has violated a per-se duty of care, which makes establishing breach significantly easier than in a typical crash. Colorado gives you three years from the date of the collision to file a lawsuit (C.R.S. 13-80-101(1)(n)).
Colorado follows a modified comparative fault rule under C.R.S. 13-21-111. Your damages are reduced by your percentage of fault, but you can still recover as long as your share of fault is less than 50 percent. If you are found 50 percent or more at fault, you recover nothing. Because insurance adjusters routinely inflate the injured person's fault percentage to reduce payouts, having an attorney document what the drunk driver did matters from the very first day.
Colorado's Dram Shop Act (C.R.S. 44-3-801) gives injured people the right to sue a licensed vendor that willfully and knowingly served alcohol to a visibly intoxicated patron, or to anyone under 21, who then caused the harm. The dram shop statute imposes its own one-year deadline: the lawsuit must be commenced within one year after the alcohol was sold or served (C.R.S. 44-3-801(3)(a)(II)). That deadline is far shorter than the three-year window for the driver claim and runs from a different starting point, so waiting is dangerous. Total dram shop liability in any action is capped at a statutory amount adjusted for inflation every two years. For claims accruing on or after January 1, 2026 and before January 1, 2028, the Colorado Secretary of State has certified that cap at $465,730 (C.R.S. 44-3-801(3)(c)).
In a Denver DUI crash, both tracks are often pursued together. The driver's auto insurer responds to the negligence claim. The bar or restaurant's commercial general liability insurer responds to the dram shop claim. Together, those two sources of coverage can mean the difference between a partial recovery and full compensation for serious injuries.
Colorado allows punitive (exemplary) damages when a defendant acted with fraud, malice, or willful and wanton disregard for others (C.R.S. 13-21-102). Choosing to drive with a blood alcohol level far above the legal limit, or choosing to serve a visibly intoxicated patron, can meet that standard. Punitive damages generally cannot exceed the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)), and the court may increase the award up to three times actual damages if the defendant continued the willful and wanton conduct during the litigation (C.R.S. 13-21-102(3)). Whether punitives are worth pursuing depends on the specific facts and coverage available, and we assess that as part of our case evaluation.
A Denver DUI accident case plays out in specific Denver institutions. These are the venues and roads that shape our investigations.
Courthouse
Personal injury cases arising in Denver County are filed in Denver District Court, 2nd Judicial District, Civil Division. The Clerk's Office is at 1437 Bannock Street, Room 256, Denver, CO 80202. Denver civil procedure, its local rules, and its judicial officers differ from suburban courts. We file and try cases here directly.
Level I Trauma Care
The most critically injured DUI crash victims in Denver are typically taken to Denver Health Medical Center's Ernest E. Moore Shock Trauma Center, a Level I Adult and Level II Pediatric Trauma Center verified by the American College of Surgeons. UCHealth University of Colorado Hospital, also ACS-verified and CDPHE-designated as a Level I Trauma Center, serves the metro from the Anschutz Medical Campus near I-225 and Colfax Ave. Children's Hospital Colorado at the Anschutz Medical Campus is a Level 1 Regional Pediatric Trauma Center. Those trauma records are the foundation of your damages claim and we obtain and preserve them early.
High-Crash Corridors
The DRCOG has documented roughly 220 traffic accidents per day in the Denver region. CDOT has identified East Colfax Avenue from Moline Street to Peoria Street as the number-one bike and pedestrian crash hotspot in the Denver metro, and Federal Boulevard as a high-density fatal and serious-injury corridor. Interstate 25 and Interstate 70 carry heavy event traffic near Empower Field at Mile High and Ball Arena. Interstate 225 runs 12 miles through Denver, Adams, and Arapahoe counties to connect those two interstates. Interstate 270 links I-25 and I-70 through Adams and Denver counties. These are the roads where our DUI crash investigations begin.
Event-Traffic Risk
Denver hosts more than 250 major sporting events each year across Empower Field at Mile High (capacity 76,125, home of the Denver Broncos at 1701 Bryant St.), Ball Arena (home of the Denver Nuggets and Colorado Avalanche, steps from Union Station), and Coors Field in the Ballpark District. Post-event traffic on I-25, Bryant Street, and the Wynkoop Street corridor near Union Station concentrates impaired drivers and pedestrians in the same space. Our investigation identifies whether an event crowd contributed to the conditions of your crash.
A real Denver office, two-track case strategy, trial-ready attorneys, bilingual help, and no fee unless we win. We tell you honestly where your case stands, including when we think the dram shop track does not apply.
Two Claims
We pursue the impaired driver's auto insurance and, where the facts support it, the establishment's commercial liability coverage under Colorado's Dram Shop Act (C.R.S. 44-3-801). Two defendants can mean full compensation where one alone cannot.
Real Denver Office
Our office at 2701 Lawrence St., Suite 201 in Denver is where your attorney works. You can walk in, review your medical records and the police report, and meet the team handling your case. Serving Denver from our Denver office.
Deadline Watch
The driver claim is three years. The dram shop claim is one year from the date alcohol was served. We identify and protect both deadlines from day one.
Honesty Upfront
The Dram Shop Act requires proof a licensed vendor willfully and knowingly served a visibly intoxicated person. If the facts do not support that standard, we tell you in the free review rather than sign you up and let the claim stall.
Trial-Ready
Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Insurers respond differently to a demand from attorneys who genuinely try cases.
Bilingual
Spanish-speaking staff and attorneys serve Denver's Spanish-speaking community throughout the entire case.
No Win, No Fee
You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict. No recovery, no fee.
The hours after a Denver DUI crash are critical for both your health and your claim. These steps protect both.
A police report documents the crash and, most importantly, records whether the officer suspected impairment, conducted field sobriety tests, or arrested the other driver. That report is one of the most important pieces of evidence in a DUI accident case. Do not leave the scene before police arrive.
Seek care even if you feel fine. Head injuries, spinal injuries, and internal trauma from high-impact crashes can have delayed symptoms. Denver Health Medical Center and UCHealth University of Colorado Hospital are the region's Level I trauma centers. A documented medical visit ties your injuries directly to the collision.
Photograph vehicles, road conditions, and your injuries. Note any open containers, receipts, or the driver's own statements about where they had been drinking. That information feeds the dram shop investigation. Gather witness names and the driver's insurance and license information before leaving.
The other driver's insurer will call quickly. Do not give a recorded statement or sign any release without attorney review. Anything you say before counsel can be used to limit your recovery. Call (303) 209-9395 first.
If the driver was served at a Denver bar or restaurant before the crash, the dram shop claim must be filed within one year of the date the alcohol was served (C.R.S. 44-3-801(3)(a)(II)). Surveillance footage, drink receipts, and bartender testimony disappear fast. We open the investigation immediately to preserve that evidence.
We document your injuries, negotiate with both the driver's insurer and any dram shop insurer, and file in Denver District Court if either refuses a fair offer. We prepare every case as if it will go to trial, because that preparation is what moves insurance companies.
Colorado law recognizes two broad categories of damages in a motor vehicle negligence case. Both are available when a drunk driver injures you on a Denver road.
For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million under C.R.S. 13-21-102.5, with inflation adjustments beginning in 2028. Lower, inflation-adjusted caps apply to older claims based on when the claim accrued. Compensation for physical impairment or disfigurement is not capped. Economic damages such as medical bills and lost wages are never capped. In a DUI crash, the dram shop track carries its own separate cap: total dram shop liability in any action is capped at $465,730 for claims accruing in 2026 and 2027 (C.R.S. 44-3-801(3)(c), as certified by the Colorado Secretary of State). The driver's liability claim is a separate recovery and is not subject to the dram shop cap.
Insurance companies and defense counsel in DUI cases run a short list of arguments. Knowing each one in advance is how we keep a valid claim from being undervalued or denied.
Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), an insurer will often allege that you were speeding, failed to yield, or were distracted in order to reduce your recovery by a claimed fault percentage. Your damages are reduced proportionally, but you still recover as long as your share is less than 50 percent. We document the drunk driver's conduct thoroughly so that a manufactured fault argument does not stick.
Colorado's Dram Shop Act requires that the licensed vendor willfully and knowingly served a visibly intoxicated patron (C.R.S. 44-3-801). Bars routinely argue that the driver showed no visible signs of intoxication at the time of service. We investigate quickly, before security footage is overwritten and before bartender memories fade, to gather the evidence that shows what a reasonable employee should have seen.
Insurers will pull prior medical records and argue that your injuries existed before the crash. Colorado law entitles you to recover for the aggravation of a pre-existing condition, not just new injuries. We work with treating physicians and, when necessary, independent medical experts to distinguish what the crash caused from what was already there.
The one-year deadline built into C.R.S. 44-3-801(3)(a)(II) is strict, and defense counsel will move to dismiss if it has passed. This is why we open the dram shop investigation immediately, before evidence disappears and before the clock expires. If you contact us soon after the crash, we can almost always preserve this claim.
One thing we will tell you plainly in a free review: if the facts do not support a dram shop claim, we will say so rather than promise a second defendant we cannot deliver. Our job is to maximize your actual recovery, not to list every possible theory and hope one sticks.
I wish I could leave more than 5 stars!
Most Denver DUI victims deal with multiple insurers at once. Understanding who pays what prevents you from settling one claim in a way that undermines the other.
Real Colorado results
Verdicts and settlements published on our case results page. Prior results do not guarantee a similar outcome. Every case depends on its own facts.
Colorado gives you three years from the date of the crash to sue the impaired driver for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). If you also have a dram shop claim against a bar or restaurant that served the driver, that claim must be filed within one year after the alcohol was sold or served (C.R.S. 44-3-801(3)(a)(II)). Because the two deadlines run from different events and one is much shorter, contacting an attorney immediately after the crash is essential.
Potentially, yes. Colorado's Dram Shop Act (C.R.S. 44-3-801) allows an injured person to sue a licensed vendor that willfully and knowingly served alcohol to a visibly intoxicated patron, or to anyone under 21, who then caused the crash. The threshold is high: you must show the vendor willfully and knowingly made that service. Whether the facts of your case meet that standard is something we assess in the free review. If they do not, we say so rather than pursue a claim that cannot be won.
You can still recover under Colorado's modified comparative fault rule (C.R.S. 13-21-111). Your damages are reduced by your percentage of fault, but you recover as long as your share is less than 50 percent. If you are found 50 percent or more at fault, you recover nothing. Insurance adjusters frequently inflate the injured person's fault percentage to reduce payouts. Having an attorney document the impaired driver's conduct from the start is the most effective protection against that tactic.
Non-economic damages such as pain and suffering are capped at $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5), with inflation adjustments starting in 2028. Economic damages like medical bills and lost wages are never capped. Damages for physical impairment or disfigurement are not subject to the cap. If there is a dram shop claim, total dram shop liability in any action is separately capped at $465,730 for claims accruing in 2026 and 2027 (C.R.S. 44-3-801(3)(c), as certified by the Colorado Secretary of State). The driver's liability claim does not count against the dram shop cap.
Personal injury cases arising in Denver County are filed in Denver District Court, 2nd Judicial District, Civil Division. The Clerk's Office is at 1437 Bannock Street, Room 256, Denver, CO 80202. Most cases settle before a lawsuit is filed, but which court your case would go to affects the local rules, the jury pool, and which defense firms you face. We handle Denver District Court cases directly.
Yes, in many cases. If you carry uninsured or underinsured motorist (UM/UIM) coverage, you may file a claim with your own insurer when the at-fault driver has no insurance or inadequate limits. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. A dram shop claim against the bar or restaurant, if it exists, is an additional source of recovery that does not depend on the drunk driver's own insurance limits.
It can help significantly. A DUI conviction or guilty plea is evidence in the civil case that tends to establish the driver's breach of duty. Breath and blood test results from the criminal proceeding are often admissible in civil proceedings. We coordinate the timing of settlement negotiations around the criminal case where it benefits your recovery, and we monitor the criminal docket as part of our case work.
Potentially. Colorado allows punitive damages when a defendant acted with fraud, malice, or willful and wanton disregard for others (C.R.S. 13-21-102). Driving impaired at a blood alcohol level well above the legal limit can meet that standard. Punitive damages generally cannot exceed the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)), and the court may increase the award up to three times actual damages if the defendant continued the willful and wanton conduct during the case (C.R.S. 13-21-102(3)). Whether pursuing punitives makes sense depends on the specific facts and the available coverage in your case.
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Free consultation. No fee unless we win. Available in English and Spanish. Serving Denver from our Denver office.
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CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205
