Westminster DUI Accident Lawyer – CGH Injury Lawyers

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A drunk driver who hit you in Westminster is liable for your injuries under standard motor-vehicle negligence law. You have three years from the date of the crash to file a lawsuit (C.R.S. 13-80-101(1)(n)).
Colorado's modified comparative fault rule (C.R.S. 13-21-111) lets you recover damages even if you were partly at fault, as long as your share of fault is less than 50 percent. A drunk driver who ran a red light on US 36 or Wadsworth Boulevard almost never shifts meaningful fault to the victim.
If the drunk driver was over-served at a Westminster bar or restaurant, Colorado's Dram Shop Act (C.R.S. 44-3-801) may give you a separate claim against that licensed vendor. That dram shop claim has its own one-year deadline, far shorter than the car-crash deadline, and must be filed within one year of the date alcohol was sold or served.

Westminster spans Adams County and Jefferson County. Its high-volume corridors, including I-25, US 36, Wadsworth Boulevard, and 120th Avenue, see serious drunk-driving crashes every year. CGH Injury Lawyers serves Westminster from our Denver office, handles cases in Adams County District Court, and pursues every liable party so the full cost of your crash lands on the people who caused it. You pay nothing unless we recover for you.

Track 1: Negligence claim against the drunk driver

A DUI driver who injures you has breached the duty of care every driver owes on a public road. That is textbook motor-vehicle negligence.
You must prove the four elements: duty, breach, causation, and damages. A BAC over 0.08, a DUI arrest, or a criminal conviction is powerful evidence of breach.
Filing deadline: three years from the crash date (C.R.S. 13-80-101(1)(n)).
Colorado's modified comparative fault rule (C.R.S. 13-21-111) applies. You recover as long as your fault is less than 50 percent. Your damages are reduced by your percentage of fault below that threshold.
Punitive damages are available when the driver acted with willful and wanton disregard, and drunk driving routinely qualifies. Punitive damages cannot exceed the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)).

Track 2: Dram shop claim against the vendor

Colorado's Dram Shop Act (C.R.S. 44-3-801) makes a licensed vendor civilly liable when it willfully and knowingly served alcohol to a visibly intoxicated person, or to a person under 21, who then caused your harm.
Filing 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)). This is a hard deadline built into the statute itself. Missing it bars the dram shop claim entirely, even though you still have time on the car-crash claim.
Total dram shop liability is capped by statute. For claims accruing on or after January 1, 2026, the cap is $465,730, as certified by the Colorado Secretary of State under C.R.S. 44-3-801(3)(c).
The dram shop claim runs alongside the negligence claim. Recovering from one does not eliminate the other.

The one-year dram shop clock is the most dangerous deadline in these cases

Most Westminster crash victims do not realize the dram shop clock is already running. By the time someone recovers enough to think clearly about their case, weeks or months may have passed. Evidence of over-service, surveillance footage, and bar receipts disappear fast. Contact us immediately if you suspect the drunk driver had been drinking at a Westminster bar or restaurant before the crash.

Courthouse

Adams County District Court, 17th Judicial District

Westminster sits primarily in Adams County. Personal injury cases filed in Adams County are heard in Adams County District Court, the 17th Judicial District, located at 1100 Judicial Center Dr., Brighton, CO 80601. (Westminster also extends into Jefferson County; the appropriate court depends on where the crash occurred.) Our attorneys handle cases in Adams County District Court directly, including pre-trial motions, discovery, and trial when an insurer refuses to settle fairly.

Trauma care

St. Anthony North Hospital and North Suburban Medical Center

Westminster's closest designated trauma facilities are St. Anthony North Hospital (CDPHE-designated Level III Trauma Center) and North Suburban Medical Center in adjacent Thornton, Adams County (CDPHE-designated Level II Trauma Center, the nearest Level II to Westminster). The medical records from these facilities document your injury severity, treatment costs, and prognosis, and become the backbone of your damages case. We request and analyze those records from the outset.

Crash corridors

Westminster's highest-risk roads for DUI crashes

Westminster's road network creates predictable DUI crash patterns. I-25 and US 36 are high-speed commuter corridors where a driver even slightly impaired by alcohol loses reaction time before merging or changing lanes. A road rage fatality has been recorded on the US 36 and Church Ranch Boulevard segment, and a pedestrian fatality documented at I-25 and 144th Avenue. Wadsworth Boulevard (SH 121) carries heavy arterial traffic and is a documented high-frequency crash corridor. 120th Avenue (SH 128) has seen fatal crashes near Lowell Boulevard and Federal Boulevard. Federal Boulevard (US 287) has been the site of deadly crashes documented by Westminster Police. We investigate the specific conditions at your crash location: road design, sight lines, traffic signals, and whether surveillance footage from nearby businesses exists.

Westminster landmarks and hazard zones

Where pedestrian and vehicle conflict concentrates

Westminster is Colorado's eighth most populous city, with a 2020 Census population of 116,317. Its entertainment and retail destinations generate dense pedestrian and driver traffic, particularly at Westminster Promenade (off US 36 and Church Ranch Boulevard, with restaurants, a hotel, a movie theater, and an ice rink) and Downtown Westminster, the 105-acre mixed-use redevelopment adjacent to US 36 with 18 acres of parks and public space. Butterfly Pavilion and Standley Lake Regional Park also attract high family visitor volumes near the US 287 and US 36 corridor. A DUI driver navigating these pedestrian-heavy zones after last call presents a predictable risk profile we know how to document.

Dual-track pursuit

Driver and bar. Both.

We investigate both the driver's negligence and any dram shop liability from the start, so neither claim is abandoned by a missed deadline. The one-year dram shop clock is the first thing we watch.

One honest position

We turn down cases we cannot stand behind.

If your case has facts that put you at 50 percent or more of the fault, or if the evidence of over-service is too weak to support a dram shop claim, we will tell you that in the free review rather than accept a retainer and let the case stall. We only take cases we are prepared to try.

Trial-ready

25+ verdicts tried.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Insurers respond differently when counsel is genuinely prepared to try a case.

Punitive damages

We pursue every dollar.

Drunk driving is willful and wanton conduct. Colorado allows punitive damages in those circumstances (C.R.S. 13-21-102). We evaluate punitive exposure in every DUI crash case we take.

Adams County experience

We know this courthouse.

Westminster DUI crash cases are filed in Adams County District Court, the 17th Judicial District, in Brighton. The judges, the local rules, and the defense firms that represent insurers in Adams County are not strangers to us. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Westminster's Spanish-speaking community. You do not need to navigate a DUI crash claim in your second language.

No win, no fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict.

Get to safety and call 911

Call 911 immediately. Westminster Police and the Adams County Sheriff will respond and document the scene. A police report noting suspected impairment or a DUI arrest gives your case a factual foundation that is very hard for an insurer to ignore. Do not move your vehicle unless it is creating a hazard.
Get medical care immediately

Westminster's nearest trauma care is St. Anthony North Hospital (Level III Trauma Center) and North Suburban Medical Center in Thornton (Level II Trauma Center). Get evaluated even if you feel fine. Symptoms of internal injury, spinal damage, and traumatic brain injury can appear hours or days later. A gap in medical care is the single most common argument insurers use to reduce a payout.
Document the scene before it changes

Photograph the vehicles, road conditions, skid marks, and your injuries. Note the cross-street or highway segment. Get the names and contacts of every witness. On Westminster's major corridors, traffic camera footage, nearby business security footage, and CDOT camera footage may exist and will be overwritten quickly.
Note where the driver was before the crash

If any witness saw the driver at a Westminster bar or restaurant before the crash, or if the driver tells the police where they had been drinking, write that down. This information is the starting point for a dram shop investigation, and the one-year filing deadline begins running from the moment alcohol was served.
Do not give a recorded statement

The at-fault driver's insurer will call quickly. Do not agree to a recorded statement, accept a check, or sign anything without speaking with us first. Anything you say becomes part of the claim record, and the adjuster's job is to minimize your payout, not help you.
Call CGH Injury Lawyers

We serve Westminster from our Denver office. The dram shop one-year clock is the first thing we check. Call (303) 209-9395 for a free consultation with no obligation.

Economic damages (no cap)

Emergency room treatment at St. Anthony North or North Suburban Medical Center
Surgery, hospitalization, and follow-up care
Future medical expenses and life care costs
Lost wages from missed work during recovery
Loss of future earning capacity for lasting impairments
Vehicle repair or replacement
Out-of-pocket expenses tied to the crash

Non-economic and punitive damages

Pain and suffering (capped at $1.5 million for claims accruing on or after January 1, 2025, under C.R.S. 13-21-102.5; inflation adjustments begin in 2028)
Emotional distress and mental anguish
Loss of enjoyment of life
Compensation for physical impairment or disfigurement (not subject to any cap under C.R.S. 13-21-102.5(5))
Punitive damages for willful and wanton conduct, including drunk driving (C.R.S. 13-21-102); cannot exceed the amount of actual damages awarded

Economic damages, meaning your medical bills, lost income, and related financial losses, are never capped. For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million (C.R.S. 13-21-102.5), but damages for physical impairment or disfigurement are not capped at all. A serious DUI crash that leaves lasting impairment can yield a recovery that exceeds the non-economic cap entirely because the impairment damages sit outside it.

If the at-fault driver was over-served at a Westminster bar or restaurant, that dram shop claim carries its own separate cap: $465,730 for claims accruing on or after January 1, 2026 and before January 1, 2028 (as certified by the Colorado Secretary of State under C.R.S. 44-3-801(3)(c); the cap is adjusted every two years). That is in addition to what you recover from the driver's own liability insurance.

"You were partly at fault too"

Insurers use Colorado's comparative fault rule (C.R.S. 13-21-111) to assign some percentage of blame to you, which reduces their payout. On Westminster's high-speed corridors, a DUI driver running a red light or crossing a center line typically carries close to 100 percent of the fault. We use the police report, witness statements, physical evidence, and accident reconstruction to push back against inflated fault percentages. Your recovery is only barred if your fault reaches 50 percent or more; below that threshold you still recover, reduced by your actual share.
"Your injuries were pre-existing"

Insurers routinely pull prior medical records looking for any history of back pain, neck problems, or prior accidents, then attribute your current injuries to those old conditions rather than the crash. We work with your treating physicians and, when needed, independent medical experts to document which conditions were caused or worsened by the Westminster crash specifically.
"The bar did not know the customer was visibly intoxicated"

The dram shop statute requires proof that the licensed vendor willfully and knowingly served a visibly intoxicated person (C.R.S. 44-3-801(3)(a)(I)). Insurers for bars and restaurants contest this element aggressively. We subpoena bar receipts, security footage, staff training records, and prior complaints, and we interview witnesses who saw the driver's condition before they left the establishment. This investigation has to begin before evidence is lost, which is why the one-year deadline creates real urgency.
"The policy limits are too low to cover your damages"

A DUI driver with minimum liability coverage and serious crash injuries creates an underinsured situation. We evaluate your own uninsured and underinsured motorist (UM/UIM) coverage, identify all available insurance sources (including umbrella policies and dram shop coverage), and build a claim structure that reaches every dollar available to you.

The at-fault DUI driver's auto liability policy is the primary source of recovery. We demand the full policy limits when the severity of your injuries justifies it.
If the driver was underinsured or uninsured, your own UM/UIM coverage steps in. Colorado UM/UIM claims follow specific procedures and deadlines. We handle the UM/UIM claim alongside the primary claim so nothing falls through the cracks.
If a Westminster bar or restaurant over-served the driver, their commercial general liability insurance and liquor liability policy are additional targets. Dram shop claims are covered by separate insurance, not the driver's policy, so both claims can proceed simultaneously.
The insurer is not your ally. Even with a DUI arrest on record, adjusters are trained to minimize payouts. Having legal representation before you give any statement or accept any offer is the single most effective protection you have.

I wish I could leave more than 5 stars!

Grace M., 5-star CGH Injury Lawyers client review

How long do I have to file a DUI crash lawsuit in Westminster?

You have three years from the date of the crash to file a motor vehicle injury lawsuit in Colorado (C.R.S. 13-80-101(1)(n)). However, if you also have a dram shop claim against the bar or restaurant that over-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)). The dram shop clock is far shorter and cannot be waived by agreement. Waiting on legal advice can eliminate the dram shop claim permanently, so contact an attorney as soon as possible after a Westminster drunk-driving crash.

Can I sue the bar that served the drunk driver in Westminster?

Yes, if the bar or restaurant willfully and knowingly served the driver when they were visibly intoxicated, or served them when they were under 21 (C.R.S. 44-3-801). This is called a dram shop claim. You must prove the vendor's knowledge of the patron's visible intoxication, which is why surveillance footage, staff testimony, and bar receipts are collected immediately. The dram shop cap for claims accruing in 2026 and 2027 is $465,730, as certified by the Colorado Secretary of State under C.R.S. 44-3-801(3)(c). This is in addition to what you can recover from the driver's own insurance.

What if I was partly at fault for the Westminster crash?

You can still recover damages under Colorado's modified comparative fault rule (C.R.S. 13-21-111) as long as your share of fault is less than 50 percent. If you are less than 50 percent at fault, you recover, and your damages are reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. In practice, a DUI driver who was visibly impaired and caused the crash typically carries the overwhelming share of fault, and insurers who try to shift blame to the victim face strong pushback from our attorneys.

Where is a Westminster DUI crash lawsuit filed?

Westminster lies primarily in Adams County. Personal injury cases from Adams County are filed in Adams County District Court, the 17th Judicial District, at 1100 Judicial Center Dr., Brighton, CO 80601. If the crash occurred in the portion of Westminster that falls in Jefferson County, it would be filed in Jefferson County District Court instead. Our attorneys handle cases in both courts.

What is the cap on damages in a Westminster DUI crash case?

Economic damages such as medical bills and lost wages are never capped. 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 beginning in 2028. Compensation for physical impairment or disfigurement is not subject to any cap (C.R.S. 13-21-102.5(5)). Punitive damages may be available for the drunk driver's willful and wanton conduct (C.R.S. 13-21-102) but cannot exceed the amount of actual damages awarded. A separate dram shop cap of $465,730 applies to claims against the licensed vendor for claims accruing in 2026 and 2027 (C.R.S. 44-3-801(3)(c), Secretary of State-certified).

Does a DUI conviction help my civil case in Westminster?

A DUI arrest, a failed field sobriety test, and especially a DUI conviction are powerful evidence of negligence and willful and wanton conduct in a civil case. We monitor the criminal case and use the evidence gathered there, including the toxicology report and police observations, to build your civil claim. A criminal conviction does not automatically entitle you to civil damages, but it removes the credibility the driver might otherwise have had. We file your civil case independently and do not wait for the criminal matter to conclude.

What if the drunk driver had no insurance or minimal coverage?

If the at-fault driver was uninsured or had coverage too low to cover your damages, your own uninsured and underinsured motorist (UM/UIM) policy may step in. We review every available insurance source at the outset: the driver's policy, your own UM/UIM coverage, and any dram shop or commercial liability coverage from the establishment that served the driver. A dram shop claim can be especially important when the driver was underinsured, because the licensed vendor carries its own separate insurance.

Do I need a Westminster DUI accident lawyer, or can I handle my own claim?

A DUI crash claim is rarely simple. Multiple insurance sources, the separate dram shop deadline, the potential for punitive damages, and the insurer's effort to assign you comparative fault all create complexity that erodes the value of unrepresented claims. The at-fault insurer's adjuster will be experienced. Representation costs you nothing unless we recover for you, and a free consultation costs you nothing at all. The only risk is not calling.

Westminster

Practice area

Nearby cities

Firm

Westminster DUI Accident Lawyers Who Make the Drunk Driver Pay

Colorado drunk-driving accident law decoded for Westminster victims

Track 1: Negligence claim against the drunk driver

Track 2: Dram shop claim against the vendor

The one-year dram shop clock is the most dangerous deadline in these cases

Westminster courts, hospitals, and crash corridors

Adams County District Court, 17th Judicial District

St. Anthony North Hospital and North Suburban Medical Center

Westminster's highest-risk roads for DUI crashes

Where pedestrian and vehicle conflict concentrates

Why Westminster DUI accident victims choose CGH Injury Lawyers

Driver and bar. Both.

We turn down cases we cannot stand behind.

25+ verdicts tried.

We pursue every dollar.

We know this courthouse.

Hablamos espanol.

Contingency only.

What to do after a DUI crash in Westminster

Get to safety and call 911

Get medical care immediately

Document the scene before it changes

Note where the driver was before the crash

Do not give a recorded statement

Call CGH Injury Lawyers

What compensation can you recover after a Westminster DUI crash?

Economic damages (no cap)

Non-economic and punitive damages

Defenses insurers use in Westminster DUI crash cases, and how we answer them

"You were partly at fault too"

"Your injuries were pre-existing"

"The bar did not know the customer was visibly intoxicated"

"The policy limits are too low to cover your damages"

How insurance works in a Westminster DUI accident claim

Westminster DUI accident, frequently asked questions

Related pages

A drunk driver hurt you. We handle everything else.