54-year-old Michael Campion of Aspen Village was fatally struck by a suspected drunk driver while trying to walk across Highway 82 in Basalt on August 24. Authorities say the driver was under the influence and that he fled the scene of the accident. Police were called at 9:04 p.m. on reports of an accident at the intersection of Highway 82 and Basalt Ave. Responders attempted to perform CPR on the victim, but he died at the scene.
49-year-old Christopher Fish, of Aspen, was arrested about 1 mile east from the site of the crash. He was booked into the Pitkin County Jail and released at about 10 a.m. after posting a $10,000 bond. He faces felony charges of vehicular homicide and leaving the scene of a death. Additionally, he faces lesser charges of DUI, having an open container of alcohol, having an open marijuana container, and failure to report an accident.
Attorney contributor Dan Lipman has some thoughts to share on third-party liability for drunk driving accidents:
In Colorado and most other states, liability for drunk driving accidents can fall on two different parties: the drunk driver and an alcohol vendor who continued to serve that drunk driver after he or she had become visibly intoxicated. For example, if a customer is slurring their words and stumbling when they walk but the bar continues to serve them alcohol and that customer causes a drunk driving accident, anyone injured in the accident could have grounds for a lawsuit against the bar.
Determining third-party liability is a complicated process that will require a careful overview of the case by an experienced DUI victims lawyer. You can learn more about your legal options in a free legal consultation.