Are Drunk Drivers Always At Fault in Colorado Car Accident Claims?

Most people assume that if a drunk driver causes an accident, they are automatically at fault and fully responsible for the damage. While this is often true, Colorado law still requires a careful analysis of the facts before assigning legal liability. In reality, fault in car accident cases, even those involving intoxicated drivers, is not always black and white. Victims must still prove that the drunk driver's actions directly caused the crash. If the evidence supports that connection, the drunk driver will typically be held accountable. However, other factors can come into play, and it’s possible for fault to be shared between multiple drivers. 

At Larson Law Firm, we represent injury victims across Colorado who have been hurt by reckless drivers, including those under the influence of alcohol. If you were involved in a crash with a drunk driver, understanding how fault is determined can help you protect your rights and pursue the compensation you deserve.

Is a Drunk Driver Automatically at Fault for a Crash?

Drunk driving is a criminal offense in Colorado, and being intoxicated certainly strengthens the injury victim’s case. However, civil courts still require proof that the intoxicated driver’s negligence caused the accident. Simply being drunk is not enough to win a civil lawsuit for damages. For example, consider the following situations:

• A drunk driver runs a red light and hits another vehicle; they are clearly at fault.
• A drunk driver is rear-ended by someone who was texting and not paying attention; the sober driver may be fully or partially at fault.
• Two vehicles collide in an intersection, and both drivers broke traffic laws; responsibility may be shared, even if one driver was intoxicated.

The key question in all of these cases is: who caused the crash? If the drunk driver’s actions, such as speeding, swerving, or ignoring traffic signals, directly led to the collision, they are likely to be found at fault. However, the court still reviews all contributing factors before making that determination.

How Colorado's Comparative Fault Rule Affects Your Claim

Colorado follows a modified comparative fault system. This means that if more than one party is responsible for a crash, fault can be divided between them. As the victim, you can still recover compensation as long as you are less than 50% at fault. However, your total recovery will be reduced by your percentage of fault. Let’s say your total damages are $100,000. If you are found to be 20% at fault and the drunk driver is 80% at fault, you can still recover $80,000. But if you are found to be 51% or more at fault, you are barred from recovering any damages at all. Insurance companies often try to use this rule to their advantage by claiming the victim was partially to blame. This is one reason why working with an experienced attorney is so important, especially when the other driver was under the influence.

What Role Does a DUI Charge or Conviction Play?

If the drunk driver is arrested and charged with DUI, it can significantly support your civil claim. A criminal charge provides compelling evidence that the driver was impaired, which often helps prove negligence. If they are convicted, it becomes even more difficult for the driver or their insurance company to deny responsibility. However, a conviction is not required for you to file a claim. The standard of proof in a civil case is lower than in a criminal case. In criminal court, the prosecution must prove guilt beyond a reasonable doubt. In a civil injury claim, you only need to prove that it is more likely than not that the driver’s intoxication caused the crash. Even if the driver avoids conviction due to a legal technicality or plea deal, you may still have a strong case for financial recovery. Our motor vehicle accident attorneys can help you evaluate the strength of your claim and gather the right evidence.

Types of Evidence That Help Prove Fault

To build a strong personal injury case, it’s essential to collect as much evidence as possible. Proving that the other driver was intoxicated is helpful, but connecting that intoxication to the actual cause of the accident is what makes a case successful. Here’s the kind of evidence that may be used to establish fault:

• Police reports that document signs of intoxication
• Field sobriety tests and BAC results
• Statements from officers, witnesses, or passengers
• Photos and videos from the crash scene
• Traffic camera or surveillance footage
• Accident reconstruction expert analysis
• Medical records documenting your injuries

An experienced attorney will know how to secure and present this evidence in a way that clearly shows the drunk driver’s role in causing the crash.

Can Multiple Parties Be Held Responsible?

Yes. In some DUI cases, more than one party may be liable. For instance, if the drunk driver was over-served at a bar or restaurant, that establishment could be held responsible under Colorado’s dram shop laws. These laws allow injury victims to sue a business that knowingly served alcohol to a visibly intoxicated person or to someone under 21. Other examples of third-party liability may include:

• Employers who allowed an intoxicated employee to drive a company vehicle
• Event hosts who provided alcohol to minors who later caused a crash
• Vehicle owners who knowingly let an intoxicated person borrow their car

Identifying all potentially liable parties can help increase the amount of compensation available to you, especially if the drunk driver is uninsured or underinsured.

We Help Drunk Driving Victims Get the Justice They Deserve

Drunk driving accidents are preventable. When someone chooses to drive under the influence, they are putting lives at risk. If you or a loved one has been injured by a drunk driver in Colorado, you should not be left dealing with the physical, emotional, and financial consequences alone. At Larson Law Firm, we focus on personal injury cases involving car accidents, including those caused by intoxicated drivers. We understand what it takes to hold negligent drivers accountable, and we know how to fight back against insurance companies that try to shift blame or minimize your losses.

If you’ve been injured in a crash involving a drunk driver, contact us today to schedule a free consultation. We’ll answer your questions, explain your rights, and help you move forward with confidence.