How Do I Sue a Drunk Driver After a Car Accident?

 Posted on August 17, 2026 in Car Accidents

You do not always need to file a civil lawsuit against a drunk driver to recover damages after a car accident. If you were injured by a drunk driver in Colorado in 2026, your case may be resolved through a settlement instead of a lawsuit. However, a lawsuit can be a valuable tool in recovering damages if needed.

A Denver, CO car accident lawyer can explain when a lawsuit would be in your best interests.

When Should You Sue a Drunk Driver in Colorado Instead of Settling?

Whether you should file a civil suit or not depends on your situation and what trade-offs you are comfortable with.

When to Settle After a Drunk Driving Accident

If the insurance company accepts fault and offers enough to fairly cover your losses, settling outside of court may make sense.

Settling out of court can be faster and simpler than litigation. A lawsuit can take much longer, although every case is different. Once you sign a settlement and release, you generally cannot seek more money later for the same claim. You will want to be confident in your decision before signing anything.

When to Sue After a Drunk Driving Accident

If you have substantial injuries and the insurance company disputes fault or refuses to offer fair compensation, litigation may be your best option. If the insurance company tries to deny fault or repeatedly offers unfairly low settlements, you should consider speaking to a lawyer.

You might not actually need to go to trial. Filing a lawsuit can sometimes lead to a settlement before trial. If your case does go to trial, a jury will decide whether you should recover damages and how much you should receive. The amount could be higher or lower than what the insurance company offered. In some cases, exemplary damages may also be available if the evidence shows willful and wanton conduct  (C.R.S. § 13-21-102).

In addition to the longer timeline, there is an element of risk if your case goes to trial. While it may seem obvious who is at fault in a drunk driving case, outcomes can be unpredictable. When a decision is turned over to a jury, there is always some risk that it will not rule in your favor.

Can I Sue a Drunk Driver in Colorado if They Are Already Facing Criminal Charges?

Colorado generally gives you three years to file a lawsuit for bodily injury or property damage caused by a motor vehicle accident. Criminal and civil cases are separate and may proceed at the same time. Even if the driver is not convicted of criminal charges, you may still win a civil suit against them based on the evidence from the accident.

Do I Need a Lawyer if I Don’t Want to File a Lawsuit After a Drunk Driving Accident?

Even if you opt not to file a civil suit, a lawyer can be a valuable tool in your settlement negotiations. A lawyer can handle communications and negotiations with the other driver’s insurance company. They can help you understand the true value of all your damages and put pressure on the insurer to offer a fair settlement. If the insurer will not make a fair offer, your lawyer can also prepare to file a lawsuit.

What Should I Do to Protect My Case After a Drunk Driving Wreck in Colorado?

Certain steps and documentation will help you build a case of the other driver’s negligence. These include:

• Getting medical attention right away, even if you feel all right at the scene

• Getting a copy of the police report, especially if it indicates the other driver was impaired

• Photographing the vehicles, road conditions, and your injuries

• Collecting contact information for witnesses

• Keeping records of everything your injuries cost you, including expenses like lost wages

• Giving law enforcement accurate information while avoiding guesses about who was at fault

If the driver’s insurance won’t cover your losses, check your own insurance policy for uninsured or underinsured motorist coverage.

Call a Denver, CO Car Accident Lawyer Today

The Gold Law Firm has recovered over $100 million in verdicts and settlements for injured clients across Colorado. We can help walk you through the options regarding your accident case.

Call our Denver, CO personal injury attorneys at 303-694-4653 to schedule a free consultation.