You won’t believe this story. We recently represented a man who was stopped in his car on 17th Avenue one night and was hit from behind by a drunk driver. But the story doesn’t end there. This driver was so drunk that she tried to flee the scene by backing up and hitting our client three more times! Then she hit a parked car and was finally stopped when she hit a road sign.
Now, you might think this is a cut-and-dry case, but DUI cases are rarely so.
Our client was hurt, but the drunk driver’s insurance company offered barely enough of a settlement to cover his medical bills.
You may ask, “If it covers his bills, why isn’t that enough?” And I will tell you that there is more at stake in a DUI case. I don’t get on my high horse very often, but I do when it comes to DUI cases. It’s about justice.
In the state of Colorado, if you are hit by a drunk driver (or anyone who was driving with “reckless disregard for the safety of others”), you can claim triple the normal damages. And you should. Driving under the influence is a criminal offense, deserving of punishment.
So, in the case of our client, we sued the DUI driver and finally her insurance company turned around and gave our client the max that he could receive. I would argue that, because of the nature of the accident and the victim’s rights under the law, they should have made that offer first, not after being threatened with litigation.
You won’t hear me say this often, but it’s really about justice. Drunk driving is a criminal offense. If you are ever the victim in a drunk driving accident, don’t allow yourself to be victimized again by the other driver’s insurance company.