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2 dead, wrongful death lawsuit possible

Patricia M. Jarzobski

One man is dead and another is seriously injured following a serious car accident on Colorado 66 near Lyons. The Colorado State Patrol has confirmed that one person died at the scene, and that alcohol may have been a factor in the crash. So far, they have not filed charges, but their investigation is still ongoing as of this report. Even if no criminal charges are filed, a wrongful death suit might still be possible.

According to the limited information available, it appears an unidentified man was driving on Route 66 around 11 p.m. the night of June 30 when the accident occurred. A head-on collision took place between him and another driver, who was also not identified publicly by police. No passengers were present in either vehicle, so the injuries were limited to the two drivers.

The first driver was pronounced dead at the scene of the accident from massive injuries. The other driver was rushed to a local health center with injuries described as serious. Police have not elaborated on which driver they believe might have been drinking, but they have cited intoxication as a possible cause for the accident. They are still following up regarding this potential cause.

If it turns out alcohol was involved, and the person drinking is the surviving driver, Colorado police may file criminal charges. While criminal charges are not filed posthumously, if the deceased driver was drinking, the injured man could still file a personal injury lawsuit against his estate. Under Colorado law, the family of the deceased could choose to file a wrongful death suit against the surviving driver should the evidence support such a move.

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