Car Accident Scenarios, Who’s at Fault?

Written by Jeremy D. Earle, JD

April 15, 2023

WHO IS TO BLAME FOR YOUR CAR ACCIDENT?

An car accident’s immediate and devastating impact might leave you stunned and confused. Understanding what just happened is one thing; figuring out how and why the accident happened to the cops. The first cops on the scene are in charge of deciding who is at blame. When it comes to a prospective lawsuit, the recording of a police report might be quite useful.

While Colorado’s no-fault statute may pay some of your costs, it may not cover all of them, particularly in situations of catastrophic injuries. One approach to figure out what to do next is to seek the assistance of a Colorado car accident lawyer. Regardless of the sort of accident you were involved in, speaking with an attorney will assist you in understanding the legal procedure.

CAR ACCIDENTS IN FIVE DIFFERENT SITUATIONS

As you drive through Colorado’s bustling roads and city streets, you’ll see a variety of cars. Even if you drive conservatively, not all drivers are interested in sharing the road. Cars and other forms of cars might approach you from all angles, culminating in a major collision with personal injury. Here are five scenarios involving the most prevalent forms of car collisions:

HEAD-ON COLLISIONS (SCENARIO 1)

A head-on collision is one of the most dangerous sorts of accidents. This sort of collision, also known as a frontal collision, happens when two cars collide while going in opposing directions. It is common for the fronts of two cars to meet at high speeds.

The length of the road, the response time of one or both drivers, and the kind of cars involved may all play a role in survival. Larger, heavier cars protect passengers better than smaller, lighter cars because the car’s front end takes the majority of the impact. Consider the following cars’ weights and the force of impact when they collide head-on at high speeds:

Car SUV: 3,778 lbs.

5,217-pound pickup car 4,485-pound minivan

When another car crosses the centreline or goes the opposite way on the highway, this might result in a head-on accident.

Scenario 2: Side-impact collisions

 

Intersections are the most common sites for side-impact collisions. When a car fails to surrender the right-of-way or runs a red light, at-bone or side-impact accident is common. A T-bone accident occurs when the front of one car collides with the midsection, causing a devastating collision.

Another side-impact collision is an angle collision, which occurs when another car collides with you at an angle. According to studies, rear-seat passengers are more likely to be injured than front-seat passengers. This is partly due to the availability of safety equipment that protects the driver and front-seat passengers better.

A fast, drunk, or inattentive motorist might easily run a stop sign, resulting in a devastating collision and life-altering injuries for your passengers.

SCENARIO 3: REAR-END COLLISIONS

A read-end accident is often caused by another motorist failing to see the traffic in front of them. It’s too late by the time an inattentive driver realizes there’s stalled traffic ahead. A rear-end accident may be fatal for people slammed by the abrupt force against their gridlocked car, depending on the speed and weight of the car.

SCENARIO #4: CAR ACCIDENTS WITH A CHAIN REACTION

An initial rear-end collision might drive your car into the car in front of you, causing a chain reaction. Because of the conduct of one driver, three or more cars are involved.

SCENARIO NUMBER FIVE: CAR ROLLOVERS

A car, such as a semi-truck or a tanker truck is usually involved in a rollover accident. The risk of fire or poisoning for a car transporting hazardous materials is real.

Everyone surrounding a truck driver who makes a curve too quickly and their cargo moves is in danger of catastrophic injury. Due to unsafe circumstances, tanker tankers that spill upon collision may cause a delay in first responders reaching you.

IDENTIFYING WHO IS AT FAULT IN A CAR ACCIDENT

Although defensive driving is always a good idea, we are always surrounded by drivers who engage in hazardous activities. Regardless of how cautious you are, someone close to you decides to drive in one or more of the following unsafe ways:

Distracted driving-While cell phones and texting continue to dominate headlines around distracted driving; other actions may also cause distraction. Distracted driving is defined as:

Visual – taking your eyes off the road

Cognitive – taking your thoughts off driving, according to the CDC. Manual – removing your hands from the steering wheel

The visual, cognitive, and physical components of distracted driving are all present while texting and driving. Reaching for an item, eating while driving, or applying cosmetics while driving are examples of distracted driving.

Drunk driving continues to be a problem despite several public safety programmes. A total of 5,000 alcohol-related accidents occur in Colorado each year.

Aggressive driving includes anything from running red lights to switching lanes without notifying. When one motorist drives another off the road or throws things at a car, this form of reckless driving swiftly escalates to road rage. According to the AAA Foundation for Traffic Safety’s estimations, millions of drivers engaged in the following conduct in the previous year:

Tailgating on purpose: 104 million motorists Drivers yelling at each other: 95 million

About 91 million drivers honk to express dissatisfaction or fury. About 67 million drivers make furious gestures.

A high chance of a side-impact accident exists when a motorist loses their temper to the extent of running a red light. No one should be put under undue physical, financial, or emotional strain due to another driver’s rage and dangerous behaviour.

DRIVING WHEN TIRED: Drowsy Drivers tend to stray over centre lanes and through junctions. It’s difficult to show that a motorist fell asleep behind the wheel. Law enforcement is typically able to tell whether someone ran a stop sign or violated the line based on evidence at the scene and witness accounts.

When someone drives carelessly, they have little concern for the safety of other motorists. Typically, the intoxicated driver, who crossed the line or ran a red light, bears the brunt of the blame. Allow law enforcement to perform their job while you make a statement based on your experiences.

UNDERSTANDING THE NO-FAULT LAW IN COLORADO

When it comes to car accidents, Colorado is one of few states that has a no-fault policy. Residents of Colorado are required by law to have medical payments coverage, sometimes known as MedPay. This insurance covers covered medical expenditures for the insured in an car accident, regardless of responsibility. The policyholder, passengers, and relatives living in the policyholder’s home are usually covered. If you don’t have PIP coverage, your driver’s license and car registration may be suspended.

PIP coverage will pay a minimum of $10,000 toward your healing in the best-case scenario. PIP coverage pays an average of $5,000 if a loved one dies due to their injury. Furthermore, the insured must submit PIP claims within 14 days after the accident, a tight deadline while coping with terrible injuries and loss.

These sums are insufficient to meet the costs of long-term medical care and burial expenditures. Colorado law allows victims to recover damages for pain and suffering, mental anguish, and inconvenience resulting from bodily injury, sickness, or disease arising from the ownership, maintenance, operation, or use of such motor car only if the injury or disease consists in whole or part of: • Significant or permanent loss of important bodily function •

Permanent injury with a reasonable degree of medical problems other than scarring or disfigurement

Significant scars or deformity that is permanent Death

The no-fault statute is complicated and needs the assistance of a skilled personal injury lawyer. While Colorado law permits car accident victims to seek compensation for their losses, each case is unique. Don’t accept the PIP coverage’s playout. If you’ve had a catastrophic injury, your medical bills might go into the hundreds, if not millions, of dollars every year.

THE COSTS OF SERIOUS INJURIES IN THE LONG RUN

An car accident’s quick effect might affect your life forever. Depending on the sort of damage, you may have to pay for expensive drugs, further operations, longer rehabilitation, expensive medical equipment, and personal care for the rest of your life. The following injuries and their related costs are just a few instances of why it’s critical to prepare ahead for your future medical needs:

Traumatic brain injury (TBI) is a kind of brain damage TBI. A traumatic brain injury (TBI) is defined by the Centres for Disease Control and Prevention (CDC) as a bump, blow, or shock to the head or a penetrating head injury that affects normal brain function. Accidents involving cars are second only to falls in terms of causing TBIs. A TBI may damage the following four primary areas:

Memory and attention are two cognitive functions. Impaired coordination and balance due to motor function Visual, auditory, and gustatory senses

Emotional changes in behaviour, aggression/anger indications

Unfortunately, your loved one may never return to the person you remember. A serious TBI may result in damage that needs private care. In Colorado, a semi-private room costs more than $8,000 per month, while a private room costs more than $9,000 per month. A no-fault policy’s playout is insufficient to cover more than a month’s stay.

Car accidents are the main cause of spinal cord injuries, according to statistics from the National Spinal Cord Injury Statistical Center NSCIS. In any given year, around 30% of patients will need rehospitalization at least once. Patients may need costly power chairs, as well as home and car adaptations, in addition to repeated hospital admissions of an average of 19 days. The NSCIS lists anticipated expenditures in the millions of dollars, depending on the age and severity of the injury.

Broken bones: A forceful collision may cause more than one bone to break. You may need significant physical and occupational treatment to restore the use of your legs and arms if you have fractured bones in your limbs.

Extreme instances of whiplash from a rear-end accident might result in significant neck and back injuries. Whiplash injuries may cause significant neck discomfort and damage to the bones and discs in your back.

Medical expenditures are continuing to climb, necessitating the need for financial stability. When law enforcement concludes that someone else is to blame for the accident that resulted in your injuries, you don’t have to wait to file a lawsuit. Now is the moment to act, just after the catastrophe. Due to the statute of limitations for filing your complaint, time is of importance. The sooner you contact a car accident lawyer, the sooner they can examine your case and determine what course of action is appropriate for you.

WHAT TO DO WHEN YOU’VE BEEN IN A CAR ACCIDENT

The most crucial thing to do following an car accident is to get medical help. Accept transfer to the closest hospital, even if you feel good. Internal injuries are frequently undetectable to the human eye, yet they may cause catastrophic organ damage. A medical practitioner can only determine the full degree of your injuries.

Give law enforcement as much information as you can. If you can, take photographs of the accident site; if you are unable, ask a witness to do so for you. Gather witness contact information and, most importantly, attempt to stay calm. Approaching or conversing with the other motorist is not a good idea.

Aggressive insurance company personnel may offer you a settlement in the days after your accident. Their objective is to resolve the issue as swiftly as possible, and their primary concern is the company’s bottom line, not yours. Do not accept the settlement offer, no matter how appealing it seems to be. Instead, contact a Colorado, personal injury attorney.

After an car accident, never accept blame. Allow the inquiry to take its course at all times. Depending on the circumstances, you may be entitled to compensation for medical expenditures, missed pay, and pain and suffering. Hold a careless motorist responsible for their conduct if they cause you significant injury. You’ll have a higher chance of safeguarding your financial future if you do so.

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