Denver drivers are required to have auto insurance to protect themselves and others should an accident occur. Due to changes in Colorado’s personal injury laws, insurance companies determine who was at fault for an accident before paying on a claim. This means that a victim must prove the other driver was at-fault for the accident before the other driver’s insurance company will pay their claim.
However, if the at-fault driver fled the scene, it can be difficult to gather the necessary information to prove who caused the crash. If you were recently hurt in a hit-and-run accident in Denver, call a Denver hit-and-run lawyer today.
At-Fault Drivers in Hit and Runs
Colorado motorists learn in driver’s education how to respond properly to an accident. Drivers are supposed to report the accident to the police and exchange insurance information with the other party. These steps help ensure that auto accident victims receive fair compensation for their medical bills and vehicle damage. When a driver does the unthinkable and flees the scene of an accident, the injured victim may be left with few options to pursue an insurance claim.
In 2003, Colorado enacted a tort-based system for auto accident claims. For victims, this means they must prove the other party was at-fault for the accident. Victims must prove the other driver’s negligence or recklessness caused the accident whether they pursue an insurance claim or file a civil lawsuit.
A Denver hit-and-run accident lawyer can help injured victims by conducting a thorough investigation of the accident. Once an attorney finds out who was responsible using police reports, witness statements, and other evidence, they can seek justice on the victim’s behalf in court or with the insurance companies.
Determining Negligence in Hit and Runs
As stated above, it is essential for auto accident victims to prove that the other driver’s negligence caused the crash. Some victims may not realize that even if they are partially at-fault for the accident as well, they can still pursue a claim.
Colorado has adopted a modified comparative fault standard. Under this standard, each party’s contribution to the accident is taken into account.
In other words, one driver’s level of negligence is compared to the other’s. If a victim is less than 50 percent at-fault, they can still file a lawsuit against the other party.
Compensation in Hit and Run Lawsuits
Hit-and-run accident victims often sue for compensation related to:
- Medical expenses (past and future)
- Lost wages
- Lost future earnings
- Permanent impairment
- Property damage
- Pain and suffering
In the event a plaintiff is determined to be contributorily negligent, their damages are reduced by the percentage of their fault. For example, if an injured victim was 25 percent at fault for the crash, the court will lower their monetary award by 25 percent.
How a Denver Hit and Run Accident Attorney Can Help
Whether you need help with your insurance claim or want to file a lawsuit in court, call a Denver hit-and-run lawyer today. Most hit-and-run victims have just three years from the date of the accident to file a lawsuit.
Insurance companies also limit how long victims have to file an insurance claim. Do not wait any longer to call a Denver hit-and-run lawyer.