Negligence in Aurora Car Accident Cases
Negligence in Aurora car accident cases plays an enormous role in the amount of compensation that an individual may be able to recover following a collision. Because Colorado is considered a comparative negligence state, that means that a driver may recover less damages if they were partially responsible for causing their accident. If you have questions regarding negligence in Aurora car accident cases, do not hesitate to reach out to a professional injury attorney as soon as possible for assistance.
Effects of Comparative Negligence in Aurora Car Accident Cases
In a rear-end accident, although liability is presumed, it is still a rebuttable presumption. If the defendant successfully establishes that there was a sudden emergency and they could not stop, a failure with the brakes, or if the plaintiff lands on their brakes so harshly as to force someone to run into the back end of their car, the liability of the vehicle behind is not 100%. Some comparative negligence is placed either on the plaintiff for their portion of causing the accident or to somebody or something not involved in the accident at all.
If it was a pedestrian that stepped out in front of traffic and caused everyone to slam on their brakes, part of that comparative fault would be placed on the unknown party. If someone is found to be partially liable for causing their accident, then their injury compensation would be decreased by the percentage of fault assigned to them by a jury. For example, if an individual were found to be 30% at fault for causing an accident, their injury compensation would then be decreased by 30%.
The Role of the Jury
The easiest way to think about negligence in Aurora car accident cases is taking 100 percentage points of liability and handing them over to the jury in litigation. The jury is responsible for determining each party’s negligence and assigning them the greatest percentage of those points. The goal in litigation is to overcome at least the 50-50 position. If a jury decides that the plaintiff and the defendant are equally at fault, then the plaintiff will recover no compensation. However, if it can be proved that the defendant is at least 51% at fault and the plaintiff is no more than 49% at fault, it is a win. In regards to damages, however, for every percentage point that a jury places on the plaintiff, it is a reduction of potentially one penny of every dollar that goes to the plaintiff.
Steps to Take after an Accident
With the availability of technology, it is always important to get the police involved, whether it is through an online report or a police officer comes out to see the scene of the accident. This evidence can play a big role in establishing negligence in Aurora car accident cases. One in four drivers in the state has no insurance or not enough insurance to cover accident damages, so it is always important to use a cellphone to take a picture of the defendant’s driver’s license, insurance card, vehicle, and face.
Too often a defendant is present on the day of the accident and leaves the city or the state. Lawyers are unable to track them down, especially if they do not have insurance or not enough insurance, or it goes into litigation where they want to serve a lawsuit. It is very important to cover those bases early on and get as much information upfront as possible in order to show negligence in Aurora car accident cases.
If you need assistance in establishing negligence in Aurora car accident cases, retain the help of a skilled injury attorney today.