Montrose DUI Accident Lawyers | CGH Injury Lawyers

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When a drunk or drugged driver violates a safety law and causes your crash, Colorado's negligence per se doctrine means the violation itself can establish negligence. The fight in your case is almost always about the full value of your harm, not about whether the impaired driver did something wrong.
The criminal case the district attorney files against the DUI driver is completely separate from your civil claim. A conviction strengthens your claim, but you do not wait for it. Your civil case proceeds on its own timeline with its own, broader goal: full money compensation.
A dram shop claim against a Montrose County bar or restaurant that overserved the driver must be filed within one year after the alcohol was sold or served (C.R.S. 44-3-801(3)(a)(II)). That clock starts immediately, while the criminal case is still unresolved.

A crash caused by a drunk or drugged driver on US-550, on US-50 through Montrose, or on any road in Montrose County can leave you facing emergency care at Montrose Regional Health, weeks without income, and an insurance adjuster whose job is to limit what the company pays. CGH Injury Lawyers represents Montrose County DUI crash victims from our Denver office at 2701 Lawrence St. We pursue the driver, the bar or restaurant that overserved them, and your own uninsured and underinsured motorist coverage when it needs to step in. The first consultation is free, and you owe no fee unless we win.

Colorado follows the doctrine of negligence per se. When a person violates a safety statute that was enacted to protect the public from exactly the kind of harm that occurred, that violation can itself establish negligence in your civil claim. Colorado's drunk and drugged driving laws exist precisely to prevent impaired drivers from injuring other people on the road. A driver who breaks those laws and then causes a crash fits the doctrine squarely.

In practical terms, an impaired driver who causes a crash on US-550 south of Montrose or on US-50 through the city typically cannot argue they were driving carefully. The impairment is the negligence. That means your case focuses almost entirely on the scope of your injuries and which insurance policies are required to pay, not on a slow dispute about fault. We press that advantage from day one.

This is a fundamentally different starting point than an ordinary car crash case. When the evidence of impairment is documented in a police report, arrest record, or toxicology result, the path to liability is shorter, and the energy we devote to the claim goes into building the damages case to its full value.

The criminal case: the State versus the driver

Brought by the State of Colorado through the Montrose County District Attorney, not by you.
The goal is to punish the driver with jail, fines, license revocation, and probation.
You are a witness and a crime victim. You do not control what happens in the prosecution.
The court may order the driver to pay restitution, but restitution is limited to specific documented losses and is paid by the driver personally, often slowly and partially.
A conviction or guilty plea is powerful evidence in your civil case, but the civil case does not wait for it.

Your civil claim: you versus the driver and every responsible party

Brought by you against the impaired driver and any other party responsible for putting them on the road.
The goal is money: full compensation for your medical bills, lost income, pain, suffering, and every other category of loss the law recognizes.
You control the decisions, with our guidance, from the first consultation through settlement or trial.
In most cases, the recovery comes from insurance, not from the driver's personal funds, so collection is not the obstacle it often is in the criminal case.
The civil case uses a lower standard of proof: more likely than not, rather than beyond a reasonable doubt. A driver can avoid a criminal conviction and still be fully liable to you in the civil case.

The most common mistake Montrose DUI victims make is waiting for the criminal case to conclude before thinking about civil action. The dram shop clock runs from the date the alcohol was served (C.R.S. 44-3-801(3)(a)(II)), and bar and restaurant records including video and point-of-sale logs are gone within weeks. We protect every avenue of recovery right away, and we coordinate with the criminal prosecution to support a well-documented restitution request alongside your separate civil claim.

Dram shop: the bar or restaurant that overserved the driver

Colorado's Dram Shop Act (C.R.S. 44-3-801) lets you sue a licensed alcohol vendor that willfully and knowingly served a visibly intoxicated patron who then caused the harm.
The same statute covers serving anyone under 21. A vendor, and in that narrow situation even a private social host, can be liable under C.R.S. 44-3-801(4) for providing a minor with alcohol or a place to drink.
A dram shop claim adds a second source of compensation on top of the driver's own liability coverage. If the Montrose-area bar carries commercial liquor liability coverage, that policy can be the real recovery.
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 is the shortest deadline in a DUI case. Do not wait.

UM and UIM: when the drunk driver cannot pay

If the drunk driver had no insurance, your uninsured motorist (UM) coverage steps into their shoes and pays what they would have owed.
If the driver had insurance but not enough to cover your losses, your underinsured motorist (UIM) coverage fills the gap between the driver's limits and your actual damages.
UM and UIM claims run on their own separate deadline under C.R.S. 13-80-107.5, the statute the Colorado Supreme Court applied in Pham v. State Farm, 2013 CO 17. Do not assume that deadline matches the three-year motor vehicle deadline.
Given the driving patterns on US-550 and US-50 through Montrose County, where impaired drivers sometimes travel long distances without adequate coverage, UM and UIM coverage is often the primary recovery vehicle.

We map every potential defendant and every available policy at the very start of your case. A family in Montrose County that focuses only on the driver's policy, and waits for the criminal case to progress, may discover the dram shop window has closed and the UM clock is ticking without them. We prevent that by building the full claim picture immediately.

The courthouse

Montrose Combined Courts, 7th Judicial District

A civil claim arising from a DUI crash anywhere in Montrose County is filed at the Montrose Combined (District and County) Courts, located at the Montrose County Justice Center, 1200 North Grand Avenue Bin A, Montrose, CO 81401. Montrose County is part of Colorado's 7th Judicial District. We handle DUI injury cases in this courthouse directly. The local procedures, the Montrose County jury pool, and the defense attorneys active in western Colorado litigation all differ from the Front Range. Knowing that environment matters when a DUI case goes to trial.

Trauma care

Montrose Regional Health, Level III Trauma Center

Victims of DUI crashes in Montrose County are typically treated at Montrose Regional Health (formerly Montrose Memorial Hospital), 800 South Third Street, Montrose, CO 81401, a Colorado-designated Level III Trauma Center. DUI crashes, which often involve high speed and head-on impact, produce the kinds of serious injuries: traumatic brain injury, spinal fractures, internal bleeding, and major orthopedic damage, that a trauma center is designed to handle. The emergency records, imaging, and surgical notes from Montrose Regional Health become the core of the damages case we build for you. We gather and preserve them from the start.

High-risk corridors for DUI crashes

US-550 and US-50: where impaired driving does its worst damage

US-550 south of Montrose between milepost 117.3 and 126.1 is a CDOT-documented high-crash corridor with limited pull-off space, skewed intersections at Trout, Solar, and Racine Roads, and sharp curves. Impaired drivers on this stretch have little margin for error. US-550 through Montrose (Townsend Avenue) and northward toward Grand Junction carries heavy tourist and commercial traffic, including skiers traveling to Telluride during winter season, when DUI risk rises. US-50 through Montrose connects Grand Junction to the northwest and Gunnison and the Black Canyon to the east. The Little Blue Creek Canyon stretch east of Montrose, with narrow shoulders and limited sight lines, is particularly unforgiving when a driver is impaired. When an impaired driver crashes on any of these corridors, the evidence picture includes not only the police DUI stop but the documented hazard level of the road itself.

Local bar and restaurant scene

When the crash traces back to a Montrose County venue

Montrose is a regional hub for western Colorado with restaurants, bars, and social venues along South Townsend Avenue (US-550 through town) and the downtown corridor. Tourist traffic heading to Black Canyon of the Gunnison, Curecanti National Recreation Area, and the Telluride ski area adds seasonal drinking behavior that concentrates overservice risk at local venues. When the driver who injured you was served at a Montrose bar or restaurant, we move immediately to preserve point-of-sale records, surveillance video, and staff witness contact information before they are gone. Bar records typically disappear within 30 to 60 days if no preservation demand is sent.

Call 911 and make sure impairment is documented

Police documentation of the impairment is the foundation of a DUI civil claim. Call 911 immediately. On remote stretches of US-550 or US-50, cell service can be limited. The Montrose County Sheriff and Colorado State Patrol both respond to crashes in the county. If you can, tell the arriving officer what you observed about the driver's behavior. The field sobriety results, the blood alcohol reading, and the arrest record become critical evidence in your civil case.
Get to Montrose Regional Health

Go immediately, even if you feel manageable at the scene. DUI crashes are typically higher speed and higher impact than ordinary fender-benders. Traumatic brain injury, spinal cord damage, and internal bleeding can all present with delayed symptoms. Montrose Regional Health is a Colorado-designated Level III Trauma Center at 800 South Third Street. Every record from every appointment becomes part of your damages case. A gap in medical care gives the insurer grounds to argue your injury was not from the crash or was not serious.
Note where the driver came from

If witnesses, the driver, or the police report indicate the impaired driver came from a specific bar, restaurant, or social gathering in Montrose County, write that down immediately. The dram shop clock runs from when the alcohol was served, not from when the crash happened (C.R.S. 44-3-801(3)(a)(II)), and bar surveillance video can be gone within days. A name, an address, or a description of the venue is enough for us to send an immediate preservation demand.
Document the scene before it changes

Photograph the vehicles, the road surface, skid marks, and your visible injuries. Note the milepost if you are on US-550 or US-50. Get the names and contact information of every witness present. The crash report number from the responding officer is essential. On a known-dangerous corridor, CDOT crash data for that segment can later become supporting evidence.
Do not give a recorded statement

The drunk driver's insurer may call within days. Do not agree to a recorded statement, do not estimate your injuries, and do not sign any release or authorization. Everything you say is captured and used to build the defense file. Tell them your attorney will be in contact, then call us at (303) 209-9395.
Call CGH before you settle or sign anything

The dram shop clock (one year from service) and the UM clock under C.R.S. 13-80-107.5 both start running immediately. A free consultation from our Denver office costs you nothing and locks in every available claim. Early action is how we protect the full picture of your recovery.

Economic damages (never capped)

Emergency care and surgery at Montrose Regional Health or a Denver trauma center for severe injuries
All follow-up treatment, rehabilitation, and physical therapy
Future medical expenses and long-term care costs
Lost wages during your recovery and lost earning capacity if the injury affects your ability to work long-term
Vehicle repair or replacement and other out-of-pocket costs
In a fatal DUI crash, funeral costs and the family's economic losses

Non-economic damages (capped for most claims)

Pain and suffering
Emotional distress and PTSD, which are common after a violent drunk-driving collision
Loss of enjoyment of life
Loss of consortium for a spouse
Permanent disfigurement and scarring are not subject to the non-economic cap at all and may be separately valued as uncapped physical impairment damages

How the caps and punitive damages work in a Montrose DUI case

Colorado caps non-economic damages such as pain and suffering at $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5). Lower inflation-adjusted caps apply to claims from earlier dates, depending on when the claim accrued.
Economic damages such as medical bills, lost wages, and future care costs are never capped. Compensation for physical impairment or disfigurement is also not subject to the non-economic cap. In a serious DUI crash, those uncapped categories often make up the majority of the total recovery.
Drunk driving is the kind of willful and wanton conduct that can support punitive damages on top of your compensatory recovery. Punitive damages in Colorado generally cannot exceed the amount of actual damages awarded (C.R.S. 13-21-102), but they require proof of willful and wanton conduct. We evaluate whether the facts of your crash support a punitive claim and pursue it where the evidence allows.
Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), you can still recover even if you were partly at fault, as long as your share of fault is less than 50 percent. Against an impaired driver, a comparative fault argument rarely has much to stand on, but insurers raise it anyway. We use the DUI evidence and crash reconstruction to keep the fault where it belongs.

We structure every Montrose DUI claim so that no compensable category is left off the table, and we explain honestly how each cap and insurance source applies to your specific losses before you make any decision about settlement.

The claim against the at-fault driver: Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising from the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). This is the longest of the three clocks in a DUI case, but it is still shorter than people expect.
The dram shop claim against the bar or restaurant: one year from the date the alcohol was sold or served (C.R.S. 44-3-801(3)(a)(II)). This is the shortest and most commonly missed deadline. Many Montrose victims discover the bar window has closed because they were waiting for the criminal case to proceed.
The UM or UIM claim under your own policy: governed by its own deadline under C.R.S. 13-80-107.5, the statute the Colorado Supreme Court applied in Pham v. State Farm, 2013 CO 17. Do not assume it matches either of the other two clocks.

Because all three deadlines run from different events, the only safe approach is to have a lawyer confirm every applicable clock at the very beginning. When the victim of a Montrose DUI crash is a minor, Colorado law generally tolls the filing deadline, but evidence still does not wait. Early involvement matters regardless of tolling rules.

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Your team

The attorneys handling your Montrose DUI injury case

CGH Injury Lawyers is a eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi and Howard. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict in Colorado. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Every DUI injury case handled for a Montrose County client is managed by a licensed Colorado attorney, not a paralegal or case manager. CGH Injury Lawyers does not have a Montrose office. We serve Montrose County from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. Consultations are available by phone or video immediately.

ABOTA member on the team Tim Tarr: Best Lawyers in America since 2023 Over 25 cases to verdict 7th Judicial District cases Bilingual EN / ES Free consultation No fee unless we win

Meet our attorneys

Should I wait for the Montrose criminal DUI case to finish before I start a civil claim?

No. Waiting is the most common and most costly mistake Montrose DUI victims make. Your civil claim and the criminal case run on completely separate tracks. More importantly, a dram shop claim against the bar or restaurant that overserved the driver must be filed within one year of when the alcohol was served (C.R.S. 44-3-801(3)(a)(II)). Bar surveillance video and point-of-sale records are typically gone within weeks. We start protecting every avenue of recovery immediately. Any criminal conviction or guilty plea that follows can strengthen the civil case we are already building.

Can I sue the bar or restaurant where the drunk driver was drinking before hitting me on US-550?

Often, yes. Colorado's Dram Shop Act (C.R.S. 44-3-801) allows you to sue a licensed alcohol vendor that willfully and knowingly served a visibly intoxicated patron who then caused the harm. If the driver was under 21, the same statute and in that limited context even a private social host can face liability for providing alcohol or a place to drink (C.R.S. 44-3-801(4)). A dram shop recovery is in addition to the driver's own liability, so it can provide a second, and sometimes larger, source of compensation. The catch is the one-year filing deadline from the date of service. Call us immediately so that clock does not run out on you.

The drunk driver who hit me near Black Canyon had no insurance. What are my options?

If you carry uninsured motorist (UM) coverage on your own policy, you can file a UM claim with your own insurer. Your insurer steps into the at-fault driver's shoes and pays what they would have owed. If the driver had some coverage but not enough, your underinsured motorist (UIM) coverage fills the gap. UM and UIM claims run on their own deadline under C.R.S. 13-80-107.5, the statute the Colorado Supreme Court applied in Pham v. State Farm, 2013 CO 17. Your insurer will still contest the claim, so having an attorney handle the UM or UIM case protects you from the same tactics an at-fault insurer would use.

Do I have to prove the drunk driver was at fault, or does the impairment automatically settle that question?

Colorado follows the doctrine of negligence per se. When a driver violates a safety statute designed to protect the public from the kind of harm that happened, that violation can itself establish negligence. Drunk and drugged driving laws are exactly that kind of statute. As a practical result, the central dispute in most Montrose DUI cases is not whether the driver did something wrong, but rather the full scope of your injuries and which insurance policies are required to pay. That shifts the entire case to damages, which is where we focus our effort.

Is there a cap on what I can recover for pain and suffering after a DUI crash in Colorado?

Yes. Colorado caps non-economic damages such as pain and suffering at $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5). Lower, inflation-adjusted caps apply to claims from earlier dates depending on when the claim accrued. However, economic damages such as medical bills, lost wages, and future care are never capped, and compensation for physical impairment or permanent disfigurement is also not capped. In a serious DUI crash with lasting injury, those uncapped categories typically make up the largest portion of the total claim. Punitive damages, which are also available against a drunk driver who acted with willful and wanton conduct (C.R.S. 13-21-102), are separate from the non-economic cap and cannot in most cases exceed the amount of actual damages awarded.

Does CGH Injury Lawyers have an office in Montrose?

No. CGH Injury Lawyers has one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205. We serve Montrose County DUI injury clients from that office. Consultations are available by phone or video immediately, and we travel to the 7th Judicial District for depositions and court appearances as the case requires. You can reach us at (303) 209-9395. We do not sub out Montrose County work to local counsel. The same attorneys who handle your case are the ones who know it.

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Montrose DUI Accident Lawyers Who Pursue the Driver, the Bar, and Every Dollar of Your Recovery

Negligence per se: how impaired driving shifts the legal burden in your favor

The criminal DUI case and your civil claim: why they run on separate tracks

The criminal case: the State versus the driver

Your civil claim: you versus the driver and every responsible party

Who can be held responsible: the driver, the bar, and your own policy

Dram shop: the bar or restaurant that overserved the driver

UM and UIM: when the drunk driver cannot pay

Montrose courts. Montrose trauma care. Montrose roads. How they shape a DUI crash claim.

Montrose Combined Courts, 7th Judicial District

Montrose Regional Health, Level III Trauma Center

US-550 and US-50: where impaired driving does its worst damage

When the crash traces back to a Montrose County venue

What to do after a DUI crash in Montrose County

Call 911 and make sure impairment is documented

Get to Montrose Regional Health

Note where the driver came from

Document the scene before it changes

Do not give a recorded statement

Call CGH before you settle or sign anything

What compensation can you recover after a Montrose DUI crash?

Economic damages (never capped)

Non-economic damages (capped for most claims)

How the caps and punitive damages work in a Montrose DUI case

The filing deadlines in a Montrose DUI injury case

The attorneys handling your Montrose DUI injury case

Montrose DUI accident, frequently asked questions

Get a free DUI crash case review today

A drunk driver hurt you in Montrose. We handle everything else.

Montrose DUI Accident Lawyers Who Pursue the Driver, the Bar, and Every Dollar of Your Recovery

Negligence per se: how impaired driving shifts the legal burden in your favor

The criminal DUI case and your civil claim: why they run on separate tracks

The criminal case: the State versus the driver

Your civil claim: you versus the driver and every responsible party

Who can be held responsible: the driver, the bar, and your own policy

Dram shop: the bar or restaurant that overserved the driver

UM and UIM: when the drunk driver cannot pay

Montrose courts. Montrose trauma care. Montrose roads. How they shape a DUI crash claim.

Montrose Combined Courts, 7th Judicial District

Montrose Regional Health, Level III Trauma Center

US-550 and US-50: where impaired driving does its worst damage

When the crash traces back to a Montrose County venue

What to do after a DUI crash in Montrose County

Call 911 and make sure impairment is documented

Get to Montrose Regional Health

Note where the driver came from

Document the scene before it changes

Do not give a recorded statement

Call CGH before you settle or sign anything

What compensation can you recover after a Montrose DUI crash?

Economic damages (never capped)

Non-economic damages (capped for most claims)

How the caps and punitive damages work in a Montrose DUI case

The filing deadlines in a Montrose DUI injury case

The attorneys handling your Montrose DUI injury case

Montrose DUI accident, frequently asked questions

Related pages

Get a free DUI crash case review today

A drunk driver hurt you in Montrose. We handle everything else.