Denver Car Accident Lawyer
If you were recently injured in an auto accident in the Denver area, contact a car accident lawyer today. Car crashes often lead to serious injuries and destroyed property. Medical bills and expensive property damage can lead to financial woes, which can be overwhelming when dealing with an injury.
If someone else is responsible for your auto accident, you need to call an experienced Denver car accident lawyer immediately.
If the other party was driving dangerously or recklessly, they could be held responsible for the accident. Additionally, the driver at fault may owe you compensation for your injuries and other damages. Contact an experienced personal injury attorney today to discuss your case in more detail.
Car Accidents that Result from Carelessness
The purpose of a car accident damages claim is to seek compensation for one’s losses because of the actions of another driver. However, it would be unfair to say that a defendant intended to cause this harm. Even so, laws in Denver state that drivers must take appropriate caution to prevent causing harm to others.
The most common way that defendants fail in this duty is by driving carelessly. Talking on a cell phone, eating while behind the wheel, and changing a radio station are all examples of careless driving that may indicate defendant liability. A Denver car crash attorney could help to gather evidence of defendant carelessness that may serve as the basis for a damages claim.
Collisions Often Result from Traffic Violations
Not every case needs to rely on a he-said-she-said argument. State laws require people involved in traffic accidents to contact local law enforcement. This results in the creation of a police report that can play a major role in car accident claims for compensation. Ideally, this report will indicate that the responding officer issued a ticket to the defendant for a moving violation.
It benefits plaintiffs in these claims to track this ticket through the traffic court system. Conviction in traffic court for a violation such as speeding, a failure to yield, or tailgating can serve as potent evidence of fault in a separate but related civil claim for damages. If traffic court determine a defendant to be liable for this violation, a civil judge must presume that defendant to be at-fault for the collision. A Denver car wreck attorney could help to follow the path of a ticket in traffic court to determine if the outcome could help a plaintiff’s case.
Proving Fault Following an Auto Accident
Proving who was at fault for an auto accident is a critical step in pursuing a compensation claim. Colorado law requires that accident victims prove they were not at fault for the accident. However, determining fault in a car accident is complicated.
There are many factors that go into this determination, and each party’s account of the crash will likely differ. Of course, no one wants to be held responsible for causing an accident.
To prove who was at fault, a Denver car wreck lawyer will research the applicable traffic laws, examine the police report, eyewitness accounts, and any other evidence, such as dashboard camera videos.
Once an accident victim proves they were not responsible for the accident, they can seek compensation from the at-fault driver or their insurance company.
What is the Modified Comparative Fault Standard?
In Colorado, one driver’s responsibility is compared to the other driver’s responsibility to determine each party’s level of fault. This is known as the modified comparative fault standard.
If you hit someone, you’re responsible; if they hit you, they’re responsible. However the real world, things are usually not so clear cut. In most cases, accidents have multiple causes and sometimes it seems that no one, or everyone, is to blame. Under the comparative fault standard, drivers who were partially at fault for an accident can still seek compensation for their damages if they were less than 50 percent at fault. Essentially, this means that if the other driver was found to be more at fault than the accident victim was, the victim could still pursue their claim.
However, if an accident victim was partially at fault, their compensation award will be reduced relative to their level of fault. For example, if the victim was 10 percent at fault for the accident, their claim award will decrease by 10 percent.
Compensation for Damages
Damages or harms suffered as a result of the accident, determine how much money a victim may win in a lawsuit. Common damages from auto accidents include:
- Doctor or hospital bills
- Lost wages due to missing work during recovery
- Property damage
- Long-term health care costs
- Pain and suffering
- Disfigurement and impairment
It is unfortunately common for car crash victims to sustain serious injuries in a crash. Broken bones, spinal injuries, paralysis, and head injuries are examples of such injuries.
Injuries, even minor ones, can lead to overwhelmingly high medical costs even with insurance. These expenses can add more stress to an already overwhelming situation.
An experienced Denver auto injury attorney can help clients calculate such losses, and determine the amount of monetary compensation they could be owed.
What is the Time Limit to File a Claim?
No matter how serious a plaintiff’s losses are after an accident, and no matter how obvious it is that a defendant is at fault, a person will still fail to collect payment if they do not act on time. A law in Denver called the statute of limitations controls when a court will hear a case. If a plaintiff does not file a complaint in court within this time limit, the court will not consider the claim.
As applied to car accident claims, Colorado Revised Statutes §13-80-101(1)(n) gives individuals three years from the date of loss to demand compensation. This time limit not only bars people from demanding payment through a lawsuit, but also stops payments through insurance settlements. A personal injury attorney in Denver could help to pursue effective claims within the appliable time limit.
Call a Denver Car Accident Attorney Today
Car collisions can be physically and emotionally traumatizing and can lead to extensive damage. When someone else is to blame for your accident and subsequent injuries, you need to call a Denver car accident lawyer for help.