When a drunk driving crash happens in Denver, victims are often left wondering not only about the driver’s responsibility, but also whether the bar or establishment that overserved the driver could be held accountable. If you or a loved one has been injured in a crash caused by an intoxicated driver, you may be asking yourself: Can you sue a bar for drunk driving in Colorado?
The answer is yes, under certain circumstances. Colorado has laws that allow victims to pursue compensation from bars, restaurants, or even social hosts if they served alcohol irresponsibly. Understanding how these laws work and how they apply to your case is the first step toward protecting your rights.
At The Boyle Law Firm, we help people like you navigate the aftermath of devastating accidents. With nearly 25 years of personal injury litigation experience, attorney William P. Boyle understands how to hold negligent parties, including bars and establishments, responsible.
Drunk Driving and Overserving in Denver
Drunk driving is a serious problem in Colorado. According to the Colorado Department of Transportation (CDOT), one out of every three fatal accidents involves an impaired driver. In 2022, CDOT alcohol-related traffic deaths accounted for 37% statewide, which equated to over 270 fatalities. Behind each of these numbers is a story of loss, pain, and preventable harm.
Bars and restaurants play a major role in preventing these tragedies. When a bartender or server continues to serve alcohol to someone who is visibly intoxicated, that decision can have life-altering consequences for innocent victims on Denver’s roads.
What Is Colorado’s Dram Shop Law
Colorado statute establishes what’s known as the dram shop law. This law allows injured parties to hold bars, restaurants, or liquor stores liable if they:
- Served alcohol to someone who was visibly intoxicated, or
- Served alcohol to a person under 21 years of age.
If either of these situations applies, and the intoxicated person goes on to cause an accident, victims may be able to sue the bar for damages.
However, Colorado’s dram shop law limits how and when you can file these claims. For example:
- Victims must generally file a lawsuit within one year of the incident,
- Bars and restaurants are not liable for serving a person of legal drinking age who was not visibly intoxicated, and
- Compensation in dram shop cases may be capped depending on the circumstances.
These legal restrictions mean it’s critical to consult with an experienced attorney as soon as possible if you believe a bar’s actions contributed to your injuries.
Can You Sue a Bartender for Overserving in Colorado?
Technically, a party typically brings a lawsuit against the establishment, not the individual bartender. However, a bartender’s actions can be used as key evidence to prove that overserving occurred. For instance, if a bartender continued to pour drinks for someone who was clearly slurring their speech, stumbling, or showing other signs of intoxication, that information can help build a strong case.
While you may not sue the bartender personally, their role is central to proving negligence on the part of the bar.
Who Is Liable If a Drunk Driver Leaves a Bar in Denver?
That leads to another important question: Who is liable if a drunk driver leaves a bar in Denver and causes a crash?
Liability can fall on multiple parties, including:
- The drunk driver. Always the first and primary liable party
- The bar or restaurant. If they overserved the driver while visibly intoxicated or underage.
- Insurance companies. Both the driver’s insurance and potentially the establishment’s liability coverage.
This layered liability makes cases complicated. While it may seem obvious that the bar shares blame, proving overserving requires detailed evidence such as witness statements, receipts, video surveillance, or staff testimony. An experienced Denver personal injury attorney can gather this evidence and work to hold the responsible parties accountable.
Why Acting Quickly Matters
After a drunk driving crash, victims face more than just physical injuries. Medical bills, lost wages, and emotional trauma pile up quickly. At the same time, evidence of overserving can disappear fast. Surveillance footage may be erased, receipts discarded, or witnesses difficult to locate.
That’s why it’s so important to act quickly. If you wait too long, your chance to sue a bar for drunk driving in Colorado may be lost forever. Colorado’s one-year statute of limitations for dram shop claims is much shorter than the typical two-year deadline for other personal injury cases.
How The Boyle Law Firm Helps
At The Boyle Law Firm, we guide clients through this process step by step:
- Free consultation. We review the details of your case and explain whether you may hold the bar liable under Colorado law.
- Evidence gathering. Our team collects surveillance, receipts, witness testimony, and other critical proof.
- Strategic negotiations. Mr. Boyle’s background representing insurance companies means he knows exactly how they evaluate claims and how to fight for maximum compensation.
- Court representation. If a fair settlement isn’t possible, we are ready to aggressively pursue your case in court.
You don’t have to face this process alone. With nearly 25 years of legal experience, Mr. Boyle brings a unique perspective to the table, knowing the tactics insurance companies use and how to overcome them.
Take Back Control After a Drunk Driving Crash
If you’ve suffered an injury in a drunk driving crash, you may be overwhelmed with questions, medical concerns, and financial stress. But you don’t have to carry this burden by yourself. The law gives you the right to hold not only the drunk driver but also negligent bars or establishments accountable.
Don’t wait until time runs out to sue a bar for drunk driving in Colorado. Every day that passes makes it harder to collect the evidence you need to win your case.
Contact The Boyle Law Firm today for a free consultation. We’ll listen to your story, explain your rights, and fight for the compensation you deserve.
