Claim 1: Negligence against the drunk driver
A drunk driver who causes a crash is liable for negligence under Colorado motor vehicle law. Driving impaired is a breach of the duty of care every driver owes to everyone else on the road. To recover, you prove the driver was impaired, the impairment caused the crash, and you suffered measurable harm as a result. A DUI arrest or conviction from the criminal case is powerful evidence in your civil lawsuit, but your civil case can succeed even if the driver avoids criminal conviction.
The filing deadline for a motor vehicle injury claim in Colorado is three years from the date of the crash under C.R.S. 13-80-101(1)(n). Missing that deadline almost certainly bars your claim permanently.
Claim 2: Dram shop liability against the business that served the driver
Colorado's Dram Shop Act, C.R.S. 44-3-801, allows an injured person to sue a licensed liquor vendor when that vendor willfully and knowingly served alcohol to a patron who was visibly intoxicated, or to anyone under 21, who then caused the crash. The business does not automatically share liability with the driver. You must prove that the vendor knew the patron was visibly intoxicated and served them anyway.
Two critical facts about the dram shop clock: the lawsuit must be filed 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 car accident window. If a bar or restaurant was involved in your Thornton DUI crash, do not wait on the dram shop claim. The total dram shop liability in any action is capped by statute at an amount adjusted for inflation every two years. For claims accruing on or after January 1, 2026, and before January 1, 2028, that cap is $465,730, as certified by the Colorado Secretary of State under C.R.S. 44-3-801(3)(c).
Comparative negligence: what if you were partly at fault?
Colorado follows modified comparative negligence under C.R.S. 13-21-111. You can recover damages as long as your share of fault is less than 50 percent. Your award is reduced by your percentage of fault. If you are found 50 percent or more at fault, you cannot recover. Insurance adjusters often try to inflate the injured person's fault percentage to reduce the payout, particularly in DUI cases where they argue speed or lane position. An attorney challenges that assessment with the actual evidence.
Punitive damages
Driving drunk is one of the clearest examples of willful and wanton disregard for others. Colorado allows punitive (exemplary) damages when a defendant acts with fraud, malice, or willful and wanton conduct (C.R.S. 13-21-102). Punitive damages cannot exceed the amount of actual damages awarded, though a court may increase them up to three times actual damages if the defendant continued their willful conduct during the litigation (C.R.S. 13-21-102(3)). We evaluate every Thornton DUI crash for punitive exposure from the first review.