Briargate & Northeast Colorado Springs Car Accident Lawyers

Written by Jeremy D. Earle, JD

April 21, 2022

Car Accident Lawyer Near Me

Car accidents in the Briargate, Colorado Springs area are a common experience. Driving on Woodmen and Briargate Parkway will yield plenty of rear end collisions, left turn accidents, and severe car accidents.

The Colorado Department of Transportation reports that almost 15,000 traffic incidents occurred in 2016, resulting in more than 17,000 severe injuries and 3,773 deaths. Regrettably, these figures show little promise of decreasing in the following years. If you were rear-ended, T-boned, or sideswiped, you are entitled to compensation to cover medical expenses and lost income.

At Warrior, we are well familiar with Colorado’s vehicle insurance rules and have assisted hundreds of clients in obtaining the compensation they deserve. Our Colorado Car Accident Claims guide explains the legal procedure after an accident.

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AN OVERVIEW OF THE CAR ACCIDENT CLAIMS PROCESS IN COLORADO

In Colorado, filing an automobile accident claim begins with getting the other driver’s insurance information. You should promptly request this information after your accident. Colorado is a “fault” state, implying that the motorist who caused the collision is financially liable for claims.

You will need to engage with the insurance carrier of the at-fault motorist to submit details concerning the crash, medical expenses, and other economic damages.

Depending on the severity of the incident, the other driver’s insurance may be cooperative—or not. It is uncommon for insurance companies to stall and refuse to pay the compensation you deserve after a horrific tragedy, even if you are entirely blameless.

Rather than that, when a substantial sum of money is at stake, you may expect the insurance company to conduct a comprehensive investigation of the crash to discover if you were at fault in any manner. The amount of compensation you get will be lowered by your degree of guilt under Colorado accident regulations.

Additionally, the insurance company may request additional information about your injuries and claim that you worsened them by failing to follow your doctor’s advice. You can safeguard your claim by obtaining treatment for your injuries regularly and avoiding lengthy gaps between treatments.

For these reasons, retaining the services of a Colorado automobile accident attorney is critical. A skilled Colorado automobile accident attorney is familiar with the tactics used by insurance adjusters to reject claims and is prepared to fight for maximum compensation. Your attorney can contact the insurance company on your behalf and negotiate a complete and reasonable settlement.

COLORADO AUTOMOBILE ACCIDENT LAWSUIT STATUTE OF LIMITATIONS

Colorado, like other states, allows injured motorists a limited length of time to bring a lawsuit after an automobile accident. This period is referred to as the “statute of limitations.” At the moment, the statute of limitations is three years from the date of the collision. If you miss this date, you will be unable to file a case and will very certainly not obtain compensation.

This is how the statute operates. Consider being T-boned on August 1, 2018. You are aware that you have a legal claim against the motorist since your injuries are visible on the day of the incident. In summary, you have until August 1, 2021, to file a lawsuit in court; otherwise, the judge has the authority to dismiss the case.

Your situation. Once your case is dismissed, you will be unable to re-file it and will be unable to obtain compensation from the opposing driver’s insurance carrier.

If you are negotiating a settlement, you may be wondering why the Colorado statute of limitations for vehicle accidents matters. There is a pretty straightforward explanation for this.

The insurance company will only consider settling your claim if you threaten to sue if they refuse to pay you enough money. If you lose your capacity to suit because the statutory time has passed, you may anticipate the insurance company not to respond to your calls.

Following a collision, you should immediately contact a Colorado automobile accident lawyer to defend your rights. We may need to bring a lawsuit on time to protect your entitlement to compensation depending on the circumstances. If we cannot achieve a reasonable settlement with the insurance company, our firm will continue to build your case and pursue compensation in court.

IMMEDIATE ACTIONS FOLLOWING A CAR ACCIDENT

Following a vehicle accident, there are steps you may take to safeguard your health and legal rights as a victim. Often, this entails gathering evidence at the site of the collision before the arrival of the authorities.

If you’ve been involved in an automobile accident, consider the following steps:

Contact the authorities. A police officer may attend the scene of the accident and make a police report. The police report should include the location of the accident, as well as the date and time. Additionally, the officer will identify the parties involved in a collision. If you were engaged in a multi-car pileup, this is a challenging assignment that you should leave to the authorities.

Additionally, the responding officer will record the accounts of all parties involved. A police report is a valuable source of evidence and may serve as a jumping-off point for your inquiry.

It would help if you placed a premium on everyone’s health.

If required, contact emergency services. If someone has experienced significant physical harm, an ambulance should be summoned. If you are too wounded to call, get assistance from a bystander.

Obtain information about the driver’s insurance. Additionally, take note of their license plate number. Specific drivers may hesitate, mainly if they are not insured.

Identify potential witnesses. If you can stand and walk about, attempt to get the names of any witnesses to the accident. Note their names and contact information so that your Colorado automobile accident attorney may contact them if required.

If you are too distraught, enlist the assistance of another person to locate witnesses. The officer should talk with some of them, but you do not want anybody to leave before the officer comes.

Photograph the accident site. Immediately after a collision, the vehicles must be pushed to the side of the road to allow for traffic to pass. If feasible, snap a few photographs of the cars’ final locations before they are transported. Additionally, photograph any skid marks on the road or debris. This evidence may be essential in identifying the cause of the accident.

By assembling this proof, you enhance your claim when presented to the opposing insurance company, which may result in a more advantageous settlement offer. If, however, you were unable to

Do not be concerned if you get any of this evidence after your accident. Car accidents are distressing, stressful, and unpleasant situations. Regardless of the facts you gathered on your own; a professional attorney will assist you with your claim.

COMMON ERRORS TO AVOID FOLLOWING A CAR ACCIDENT

Unfortunately, wounded motorists are capable of engaging in a variety of behaviors that eventually backfire on them. Indeed, we have seen several customers jeopardize their chance to collect compensation by engaging in the following behaviors—all of which you should avoid:

Never express regret. It’s probably the most natural thing in the world to say “I’m sorry” after a horrific accident that results in significant injuries. Some individuals even apologize when they know they have done nothing wrong but want to calm ruffled feathers.

Bear in mind that whatever you say immediately after an accident may be used against you later. Rather than speaking with the other motorist, get insurance information and wait for the police to come.

Avoid informing them that you are OK. This is another plain error. The reality is that some injuries grow exceptionally slowly. For instance, back or neck injuries may take a few days to manifest. If you inform the other motorist that you are “fine” soon after the collision, they may use this against you and say you are faking your injuries.

Never negotiate an insurance claim on your own with an adjuster. The other motorist will request your name and insurance information to notify their insurer of the collision. Soon after that, an insurance adjuster may call you inquiring about your claim.

Rather than chatting with them, hang up and contact a lawyer. Bear in mind that insurance adjusters do not work for you, and their objective is to gather evidence to decrease or reject your claim entirely.

Medical records are critical pieces of evidence in support of your claim. Refrain from self-diagnosis of your ailments. Most likely, you have no notion what is wrong with you, therefore see a physician. Additionally, you want a paper trail created when you visit a doctor.

Never ignore your doctor’s instructions, even if you feel better. For instance, your physician may urge bed rest. Even if you feel OK, you should avoid going grocery shopping or returning to work. If you do, the defendant may assert that your injuries were not as severe as you stated.

HOW DO I DETERMINE WHETHER I NEED A CAR ACCIDENT ATTORNEY?

We recognize that many individuals would prefer to handle their issues in this “do it yourself” mentality. In particular small circumstances, the insurance provider may make you an offer that you may accept.

However, there are certain cases when employing an attorney to preserve your compensation claim is a good idea. If any of the following apply, you may want to hire a Colorado automobile accident lawyer:

If there is a doubt about guilt, you should hire a lawyer. Only the at-fault driver is responsible for compensating injured motorists. It will be clear who is to blame in certain circumstances. However, if this is a contentious subject, you should have an experienced attorney on your side.

You may deal with a bit of a vehicle accident that costs no more than $3,000 in hospital bills or other expenditures.

If your medical expenses total more than a few thousand dollars, you should hire a lawyer. However, if your accident has resulted in $10,000 or more damages, you should obtain legal counsel.

If you dislike negotiating, you should hire a lawyer. An insurance company is unlikely to agree to a settlement sum fast, particularly if you have incurred catastrophic injuries. Instead, you may need to engage in back-and-forth negotiations. If you dislike negotiating, an attorney should be hired. It’s important to remember that the insurance adjuster’s goal is to pay out as little money as possible.

If you’re going to trial, you’ll need a lawyer. Learning to negotiate a claim is challenging enough, but learning court rules and procedures are almost impossible for most individuals. If you believe you may be sued, you should contact an attorney to defend yourself.

Hiring an attorney for your accident lawsuit has several advantages. Although a car accident lawyer’s fee is based on a percentage of your settlement, research has shown that motorists represented by attorneys obtain far more money on average.

According to a specific study, a driver who hires a lawyer earns a substantially higher payout than a motorist who represents himself. You’re squandering money if you don’t hire a lawyer.

COLORADO’S AUTOMOBILE INSURANCE LAWS

“Is Colorado a no-fault state?” many of our customers inquire, and the answer is “no.” Colorado’s “fault” system remains in place, and the state’s vehicle insurance regulations reflect this. Continue reading to learn more about the state’s automotive insurance rules and how they affect the amount of compensation you may obtain in a settlement or lawsuit.

REQUIREMENTS

When registering a car, you must provide evidence of your ability to pay for any accidents you cause. The majority of drivers will do so by acquiring insurance. The following vehicle insurance policies will suffice in Colorado:

Liability coverage of $25,000 per wounded person, with a maximum of $50,000 per accident if several people are hurt.

Property damage of $25,000 per accident

This is known as the 25/50/25 coverage ratio.

When you are at fault for an accident, liability compensates for other people’s injuries. This insurance does not cover your injuries. If another motorist hurt you, you must file a claim with their liability insurance.

IS COLORADO CONSIDERED A “NO-FAULT” STATE?

Colorado is hardly a fault-free state. After an accident in a no-fault jurisdiction like Florida, injured drivers contact their insurance carrier. Florida drivers, in particular, will use their injury protection (PIP) benefits to pay for medical treatment and replace lost income.

It makes no difference who caused the collision in Florida since it is a no-fault state. Even if the wounded driver caused the crash, they are still entitled to PIP compensation.

In Colorado, things are a bit different. It matters who is to blame for the accident because we are in a fault state. Those wounded will file claims with the at-fault driver’s insurance carrier, which may either negotiate a payment or reject the claim.

Because Colorado accepts comparative negligence, it’s possible that your carelessness had a role in the accident. If this is the case, you may still be eligible for compensation if you were not at fault for the collision more than the other motorist.

In reality, this implies you may be up to 50% at fault for an accident, but not more than 51%. If you were negligent in causing your accident, your proportion of blame would lower the amount of compensation you are entitled to.

Although Colorado requires drivers to obtain insurance, the truth is that many do not. Thousands of drivers go behind the wheel after canceling, failing to pay, or never purchasing liability insurance in the first place. If you are hit by an uninsured motorist, you may not be able to recover any compensation for your injuries.

Uninsured motorist (UM) coverage comes into play here. Even though the motorist who hit you has no insurance, if you have a UM policy, your UM insurer may compensate you for medical costs, lost earnings, and pain and suffering.

In other cases, the at-fault motorist may have insurance, but your damages considerably outnumber their coverage. For instance, a motorist may have the state’s bare minimum liability insurance.

$30,000. If you suffer even a fairly bad accident, you may rapidly burn through $30,000 in medical expenditures due to the growing cost of medical treatment. You may use your underinsured motorist (UIM) policy to get extra compensation in this case.

Another advantage of having UM/UIM coverage is that you will be covered if the motorist leaves the accident scene and is never discovered, often known as a hit-and-run.

When drivers purchase liability insurance, insurers must include UM/UIM coverage. On the other hand, Drivers have the option of denying in writing, which far too many do. However, to truly safeguard your family, you need to get UM/UIM insurance to ensure that you have sufficient assets in the case of a collision.

IN COLORADO, HOW LONG DOES AN INSURANCE COMPANY HAVE TO PAY A CLAIM?

After obtaining all applicable materials, paperwork, and statements, an insurer has 15 business days to accept or deny a claim under Colorado Insurance Code 542.056. If the insurer cannot decide within that time frame, they may take more time, but they must notify you within 45 days.

Of course, if the insurance denies your claim, you may try to bargain with them, but this might take a long time. In most cases, however, if the insurer agrees to the claim, section 542.057 of the Insurance Code requires them to pay you within five business days.

WHAT DAMAGES CAN I RECOVER IN A CAR ACCIDENT LAWSUIT?

A personal injury lawsuit is intended to make the sufferer “whole.” Essentially, the court will attempt to place you in the position you would have been in if the accident had never happened. As a result, you may be entitled to compensation for various economic and non-economic damages incurred as a result of the vehicle accident. Consider the following scenario:

Losses in terms of money These include the monetary losses you suffer as a result of a collapse, such as:

Doctor’s appointments, tests, surgery, rehabilitation, hospital stays, and prescription medicines

Wages lost if you were unable to work while recovering

Property damage, such as damage to your car if you were in a car accident.

You will need written documentation of how much you paid to substantiate these damages. Gather any medical bills, receipts, pay stubs, and repair estimates, for example. Your lawyer will use this information to determine how much you are eligible to receive.

If your injuries are severe, you may need ongoing medical treatment and may never be able to return to work. If this is the case, your lawyer may seek compensation to cover the costs of your future medical treatment as well as the loss of future earning ability.

These figures are a bit more uncertain. Employ an attorney to represent you in your accident case. Your legal team will assist you in proving these statistics to the opposing insurance company or a jury at trial.

Losses that are not economically based. Injured motorists in Colorado may also be compensated for a variety of non-economic damages. In dollars and cents, they are significantly more difficult to compute. In Colorado, you have the right to sue for the following:

SUFFERING AND PAIN

Any physical harm results in greater pain than monetary loss. Suffering from physical and emotional agony harms any sufferer. As a result, Colorado permits injured drivers to get compensation for their pain and suffering.

SUFFERING FROM MENTAL TORMENT

If you were involved in a horrific vehicle accident, you might be entitled to compensation to help you cope with the stress.

DISFIGUREMENT

Accidents may permanently alter your appearance by disfiguring you. Many individuals endure severe burns, scars, limb loss, or another deformity resulting from an automobile accident.

If a visible portion of your body, such as your face, is disfigured, you may experience tremendous humiliation, melancholy, and social isolation. A defendant will be required to compensate you for your losses.

PHYSICAL LIMITATIONS

Physical impairment damages are intended to compensate you for the lower quality of life you have experienced due to your injuries. Someone who is paralyzed, for example, will be unable to play with their children or grandkids. Someone who has sustained an injury to their body.

Arms may no longer be able to play golf, which is their favorite pastime. The bigger your handicap, the more compensation you may be eligible for.

COMPANIONSHIP LOSS

Your spouse may have a legal claim for loss of consortium due to the unfavorable developments in your marriage. You may be unable to care for, cherish, and be physically intimate with your partner after a terrible accident. They may be entitled to compensation as a result of their injuries.

Due to the difficulty of quantifying non-economic injuries, you should speak with a Colorado automobile accident lawyer to examine your case. In many incidents, non-economic damages may account for most of any settlement, and a skilled Colorado automobile accident attorney demonstrates his value by pursuing full and equitable compensation for these and other injuries.

PUNITIVE DAMAGES

Additionally, motorists in Colorado may be compensated for punitive damages, often known as “exemplary damages.” Punitive damages, in contrast to compensatory damages outlined before, are designed to penalize the offender. If the defendant hurt them knowingly or grossly negligently, punitive damages may be awarded to an injured driver under Colorado’s accident rules.

WHAT CAN I EXPECT FROM THE SETTLEMENT OF MY CAR ACCIDENT?

“How much is my automobile accident case worth?” is one of the most often asked inquiries of a Colorado accident attorney.

In actuality, there is no such thing as an “average” compensation since each accident case is unique on several levels. Each case is genuinely unique – no two are identical in terms of facts and circumstances, insurance coverages, adjusters, injuries, and property damage.

A credible and skilled personal injury attorney will work tirelessly to get a settlement that adequately compensates for your economic and non-economic damages. Additionally, if the insurance company refuses to make a reasonable settlement offer, the attorney you employ should be willing to take the matter to trial and fight for you.

There are, nevertheless, various impediments to collecting full compensation. The amount you may collect is typically decided by the amount of insurance coverage available between you and the at-fault motorist, as well as any extra UM/UIM coverage on your insurance policy.

In certain instances, your Colorado automobile accident attorney may be able to locate other insurance coverage. For instance, you may have many UM/UIM plans that you may “stack,” increasing the amount of coverage available.

Are You a Victim of a Colorado Car Accident? Now is the Time to Speak with an Experienced Attorney

Automobile accidents cost Colorado motorists millions of dollars in medical bills and missed job productivity each year. If you have been injured in a vehicle accident, you need compensation to assist you in recovering and providing for your family.

Our Colorado car accident attorneys at Warrior have assisted hundreds of wounded motorists in obtaining just compensation for their injuries. Additionally, our attorneys are not hesitant to bring a lawsuit if necessary.

Essential to ensure that our clients get the compensation they deserve. To book your free consultation, contact Warrior or complete the contact form, and we will contact you. Our lawyers are accessible 24 hours a day, seven days a week.

 

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