Motor-vehicle negligence: the foundation of your claim
Every DUI crash claim in Colorado starts as a motor-vehicle negligence case. A driver who operates a vehicle while impaired by alcohol or drugs has already breached the duty of care every driver owes every other road user. That breach, combined with your injuries, establishes the four elements of negligence: duty, breach, causation, and damages. You do not have to prove the driver was convicted of DUI to win your civil case; the legal standard for a civil claim is a preponderance of the evidence, not proof beyond a reasonable doubt.
Comparative negligence and your recovery
Colorado uses a modified comparative fault rule (C.R.S. 13-21-111). You can recover damages as long as your share of fault is less than 50 percent, and your award is reduced in proportion to your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. When the other driver was impaired, assigning significant fault to the victim is difficult for an insurer to justify, but adjusters will try. An attorney makes sure that does not happen.
Deadline: three years for the DUI driver
For a motor-vehicle crash in Colorado, you generally have three years from the date of the collision to file a lawsuit against the at-fault driver (C.R.S. 13-80-101(1)(n)). Missing that window permanently closes the courthouse door on your claim against the driver, regardless of how clear-cut the case is.
Colorado's Dram Shop Act: a second defendant
If a Lakewood bar, restaurant, or liquor establishment willfully and knowingly served alcohol to a visibly intoxicated person who then caused your crash, Colorado's Dram Shop Act (C.R.S. 44-3-801) makes that business civilly liable. The same statute applies when a licensee serves alcohol to anyone under 21. For claims accruing on or after January 1, 2026, and before January 1, 2028, total dram shop liability is capped at $465,730 as certified by the Colorado Secretary of State (C.R.S. 44-3-801(3)(c)). The statutory text caps liability in any such action at that amount; how that cap applies when multiple plaintiffs are injured is a question that requires attorney analysis of the specific facts.
Dram shop deadline: ONE YEAR, not three
The dram shop deadline is written directly into the statute: a lawsuit against a licensed establishment must be commenced within one year after the alcohol was sold or served (C.R.S. 44-3-801(3)(a)(II)). That deadline runs independently of the three-year motor-vehicle window. A Lakewood victim who waits even slightly longer than one year after the alcohol was sold or served to look into a bar-liability claim will be permanently barred from pursuing it. If there is any chance a business overserved the driver, talk to an attorney immediately.
Punitive damages: available in DUI cases
Colorado allows exemplary (punitive) damages when a defendant acted with fraud, malice, or willful and wanton disregard for others (C.R.S. 13-21-102). Choosing to drive while intoxicated is often the kind of conduct courts find willful and wanton. Punitive damages in Colorado generally may not exceed the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)).