One of the primary ways a car accident injury case caused by a drunk driver is different from other motor vehicle wreck claims is that this type of situation can have both a civil and a criminal element to it. This means that, ultimately, there may be both a civil claim and a criminal case against the defendant for driving while impaired. A seasoned attorney could help you hold a negligent driver accountable if they caused you to suffer losses because they got behind the wheel while under the influence of drugs or alcohol.
Generally, accidents due to intoxicated driving in Pueblo tend to occur more often overnight or during later hours when people are trying to get home after drinking instead of during the daytime. They also are more likely to happen during weekends, holidays, or special occasions.
Additionally, places that have more bars and restaurants in a packed area may be more vulnerable to intoxicated motorists on the road. In Pueblo, the downtown area is probably more populated with restaurants and bars than the rural areas of the city.
In Pueblo, the economic damages that someone injured in a drunk driving accident may be eligible to recover may include compensation for their property damage, medical bills, and lost wages or missed time from work due to the accident. Noneconomic damages may include pain and suffering, mental anguish, emotional distress, and loss of enjoyment of quality of life.
If the injured driver is partially responsible for the accident, this individual could still pursue damages. However, this person would only recover damages in proportion to the degree of negligence of each party.
Colorado Revised Statute §42-4-1301 states that a person who drives a motor vehicle under the influence of alcohol or one or more drugs or a combination of both is violating the law. Driving under the influence is a misdemeanor, but it can become a Class 4 felony if the violation occurred after three or more prior convictions.
The injured driver does not have to press charges against the drunk driver because the police make a report at the scene of the accident. If there is enough evidence, the district attorney’s office may file charges against the intoxicated driver. Therefore, the injured party does not need to press charges because the drunk driver broke the law and could be held accountable by the police and then the district attorney’s office.
The injury claim and the DUI case get handled separately. They are two separate places, as one is a civil matter, and the other one is criminal. Personal injury lawyers handle the civil claim while the district attorney’s office in El Paso County takes care of the criminal case. However, even though the cases are handled separately, the civil claims lawyer could talk to the district attorney’s office and work in conjunction with each other.
If you were involved in a Pueblo drunk driving accident, you should contact our office to discuss how to take legal action against the reckless driver. We could help you build a case for damages, so you do not have to worry about handling the legal process while you recover. To get help on your case, call today.