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Colorado Legal Blog: Consumer News Your Can Use

Drunk Driving/Bar Liability

Bachus & Schanker, LLC Client Awarded $325,000 For Injuries Sustained in Accident Caused by Drunk Driver

Nancy and Ralph, along with their 1-year-old son, were driving home from dinner at a restaurant in Greeley, Colorado. With no warning, a drunk driver, Michael, crossed the center line as he approached Nancy and Ralph's car from the opposite direction, and crashed into Nancy and Ralph's car going about 35 miles per hour.

Thankfully, Nancy and Ralph's 1-year-old son was not injured in the crash. However, both Ralph and Nancy had serious injuries to their legs, hips and arms. Nancy had to undergo surgery which required the insertion of screws, metal plates and rods to fix the bones in her legs.

After the accident, blood test results showed that Michael had more than three times the legal limit of alcohol in his system. It was discovered that he had been at a bar prior to the accident since about 5:00 that afternoon. Michael was a "regular" at the bar, and according to the bartenders would typically order one to three screwdrivers. In Colorado, in some cases, the place or person who provided the alcohol to the drunk driver may be responsible for any injuries the driver causes, if the person providing the alcohol knew or should have known they were serving a visibly intoxicated person.

The owner of the bar said that the bartenders didn't receive formal training regarding the recognition and prevention of drunk patrons, however, he said he spoke with his employees about the signs to look for when someone has had too much to drink. According to a toxicologist, with the amount of alcohol that he had in his system, Michael would have been visibly drunk, stumbling, slurring, and virtually passed out. However, the bartender that was working on the night of the collision said he did not notice that Michael was drunk, but Michael testified that he only drank at the bar that night and did not drink any alcohol before or after he left the bar.

Bachus & Schanker, LLC filed a lawsuit against the drunk driver as well as the bar where he was drinking. Bachus & Schanker, LLC founding partner, Darin Schanker prepared this case for trial. Nancy and Ralph were ultimately paid $325,000.00 by the defendants to compensate them for their injuries. Because of this amount, Nancy and Ralph have the security they need to take care of themselves and their family now and into the future.

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