Colorado law treats drinking and driving accidents different than any other accident. If you are a drunk driving accident victim or believe that drinking and driving might have been involved in an accident you were involved with, you should contact an attorney immediately. In Colorado, prosecution and victims of drunk driving are treated differently than other states. There is a lower bar for getting convicted of a Driving While Ability Impaired (DWAI) offense than a Driving Under the Influence (DUI) charge. The presumption that someone has committed DWAI is that someone was above a 0.05 blood alcohol level.
Often times a drunk driving accident will result in a personal injury claim that will coincide with a criminal prosecution of the driver. The criminal penalties that a driver faces are a separate process from the personal injury claim, but both sides affect each other. Having an attorney that understands both sides of the process is crucial. It’s important to have an attorney that can coordinate the protection the civil personal injury claim while the criminal process unfolds.
On the criminal side, drunk drivers face possible jail or prison time, fines, alcohol and drug treatment, community service, drunk driving classes, and possible legal bills.
On the civil side, you can sue a drunk driver for punitive damages as well as medical and economic damages. Punitive damages are designed to punish the drunk driver for their willful, wanton, and reckless behavior. It is also possible to go after other parties, such as the bar who served the drunk driver or any other party that might be responsible for the driver.
We understand that every case is different and every client has unique challenges. Together, founding partner Ryan Kalamaya, associate attorneys Georgina Melbye and Michael Fox, paralegal, Anna Wilson, and legal assistant, Shannon Holleran move mountains for individuals who have been injured or killed by a drunk driver.
Each case has a unique story. A successful result to a case involving a drunk driver depends on who is more effective in telling their story.
Dealing with insurance companies, claims adjusters, and criminal defense attorneys is challenging. We have experience at all levels of court. Our team has handled drunk driving cases in a Steamboat Springs, Garfield County, Pitkin County and Eagle County. The entire team is skilled in alternative dispute resolution venues such as arbitration, mediation and negotiation. We have worked with highly qualified experts such as accident recinstructionists, economists for lost wages, biomechanics and a number of doctors. Ryan personally knows many of the orthopedic surgeons at the Steadman Clinic, Vail-Summit Orthopaedics, Vail Valley Medical Center, Valley View Hospital, and Aspen Valley Hospital.
When you or a loved one has been injured by a drunk driver, your focus should be on your physical and mental health. Allow us to shoulder the burden of presenting your best legal case.
The extensive experience we have in dealing with drunk driving cases, not only in acting for injured plaintiffs but also as criminal defense attorneys, gives us a unique ability to assess your case from the other side of the table and predict where the real issues in any case will lie. Integrating this experience with our team-based approach, you can rely on us to see your case from all angles, make sure you have the information you need and collaborate with you to achieve the best possible outcome.
For more information, please visit our frequently asked questions (FAQ) page for personal injuries.