Reckless Driving Car Crashes in Colorado Springs
Colorado Springs Reckless Driving Car Accident Law Firm
We’ve all seen a motorist that is a hazard to other road users. It might be someone driving too fast, drinking and driving, or changing lanes too quickly in congested traffic. While it is simple to see reckless driving, it is not necessarily so straightforward to characterize.
Continue reading to find out more about what defines reckless driving in Colorado Springs, as well as how to seek compensation if a reckless motorist has injured you.
WHAT DOES THE LAW MEAN WHEN IT COMES TO RECKLESS DRIVING?
Several forms of driving are punishable under Colorado law if they are exceptionally injuryful to the public and cause damage to another person, car, or property:
Operating a motor car recklessly:
Operating a motor car negligently so that the lives or safety of others may be jeopardized Operating a motor car on a bet or wager, in a race, or to set a record
Failing to provide information after colliding with or injuring another car or property Loaning or knowingly permitting the use of a license or learner’s permit by another person
Depending on the conduct and whether it is the individual’s first offence or a history of similar infractions, the offences mentioned above may result in a range of criminal punishments. Fines of $20 to $1,000 and up to five years in jail are criminal consequences.
The legislation and its consequences are criminal, so the state and local prosecutors will prosecute any accusations. This will not result in any compensation for those who have been hurt due to irresponsible driving. This is a civil case that must be pursued.
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MAKING A CASE FOR RECKLESS DRIVING
While the state and prosecutor will handle criminal proceedings against a negligent driver, wounded accident plaintiffs will be responsible for their recovery in civil court. A victim must develop a case of negligence against the reckless motorist to get compensation for their injuries.
Although there is no universal definition for reckless driving, the National Highway Traffic Safety Administration (NHTSA) describes aggressive driving as an accident in which an individual commits a series of moving traffic violations to risk other people or property.
Between 2003 and 2007, the American Car Association discovered that aggressive driving was a factor in 56 per cent of fatal collisions.
OTHER ACTIVITIES BY DRIVERS MAY BE CONSIDERED RECKLESS DRIVING, SUCH AS:
DRIVING WHEN INEBRIATED
Alcohol and other drugs hinder a driver’s ability to operate a car safely, especially their ability to respond rapidly to changing road conditions. Each year, more than 100 people are killed in Colorado as a result of drunk driving.
Anyone under the influence of intoxicating liquor, marijuana, narcotic narcotics, depressants or stimulant chemicals, or smelling or breathing fumes of any substance with the property of emitting poisonous vapors is prohibited from driving a motor car in Colorado.
Even if a person’s blood alcohol concentration (BAC) is less than 0.08 per cent, the law considers them guilty. Slurred speech, a strong odor of alcohol, a failed field sobriety test, or other evidence paired with an increased BAC may all indicate that a person is under the influence.
Drivers must adhere to specified speed restrictions and change their speed according to weather and road conditions. On U.S. roadways, about two-thirds of cars exceed the official speed limit.
A motorist can’t respond as quickly to changes in road conditions, other cars’ actions, or the presence of pedestrians or bicycles while driving at a higher pace. Furthermore, a fast car will take longer to come to a controlled stop.
The faster the speed, the more probable it is to be regarded as reckless driving, resulting in catastrophic injuries or deaths. The greater the power of impact in a collision, the quicker the car is travelling.
From 2014 to 2016, the number of distracted driving accidents in Colorado increased by 170 per cent. Anything that takes a driver’s focus away from the road raises the chance of a collision.
Colorado law forbids drivers from texting or emailing while driving and even bars drivers from carrying or using a mobile device when stopped in traffic. It is illegal for drivers under 18 to utilize hands-free technology to use a mobile device.
It is hoped that if a driver feels sleepy, they would avoid driving or pull over. One out of every 25 respondents in a poll admitted to falling asleep behind the wheel in the previous 30 days. Given this figure, it’s no surprise that sleepy driving causes an estimated 83,000 accidents each year in the United States.
When drivers are battling to remain awake, they can’t give driving their whole concentration, and they’re less likely to respond swiftly to road dangers. According to studies, the hazards of sleepy driving are comparable to those of driving while intoxicated. Drowsy driving is especially dangerous for commercial drivers and shift workers.
DISOBEDIENCE OF TRAFFIC SIGNALS
Traffic signals, such as traffic lights and stop signs, are critical for the safe flow of traffic. A driver’s flagrant disrespect shows reckless driving for traffic signals.
Failure to obey traffic signals raises the possibility of a deadly T-bone or head-on accident, endangering more susceptible people like bikers and pedestrians.
Failure to yield or check blind spots: There are some situations when you must yield on the road, such as making a left turn on a green signal or when there is a pedestrian in a crossing. Similarly, before changing lanes, drivers must examine their blind area to ensure there are no impediments in the way.
When a motorist disobeys the duty to yield or check a blind area, it may be considered dangerous driving. When a motorist fails to take these precautions, vulnerable persons such as pedestrians and bikers are put in danger.
Collect proof of the irresponsible driver’s behavior with the help of your lawyer. A police report, which will combine critical pieces of information such as tickets issued against any motorist for violating traffic regulations, will be one significant piece of evidence. As you develop a case for recovery, all of this evidence will be crucial.
PREPARE A SETTLEMENT DEMAND
If a reckless driver’s negligence or willful acts resulted in your injuries, they are liable.
Medical bills are the most apparent losses, but there are numerous more ways people suffer following a car accident.
Physical injuries are common in reckless driving accidents. Medical expenditures, such as doctor’s appointments, procedure fees, emergency transportation, and prescription drugs, are always associated with these ailments. The defendant is liable for all of your medical expenses, including any future operations or physical treatment.
Include your lost pay in your damages claim if your injuries prevent returning to work or force you to work a restricted schedule. Consider the future effect on your capacity to work, including future lost wages or lost earning potential, with your lawyer. In your demand, provide an estimate of these potential damages.
The defendant is liable for repairing or replacing your property if it was damaged in the accident. Damage to a car, bicycle, or electrical gadgets is common property damage in a careless driving collision.
If you are experiencing emotional difficulty due to the accident, such as anxiety, sadness, or post-traumatic stress disorder, add a monetary number in your damages claim to compensate for this hardship. Car accident victims are more prone to experience mental discomforts, such as sadness, anxiety, and post-traumatic stress disorder (PTSD). The capacity of a victim to return to the life they knew before the tragedy is severely hampered by emotional turmoil.
LOSS OF ENJOYMENT
Participating in things that offer us delight improves our life. Unfortunately, due to their injuries, victims of reckless driving car accidents are sometimes unable to engage in activities that formerly pleasured their life. Work with your lawyer to include an acceptable amount of damages in your claim if you have lost pleasure due to an accident.
The damages above are meant to reimburse a victim for injury sustained due to the defendant’s acts. Punitive damages are distinct in that they are granted as punishment for the defendant’s behavior, especially when they are exceptionally egregious. In most car accident cases, Colorado law prohibits punitive damages, but there are rare exceptions.
Punitive damages may be appropriate in your instance, which your lawyer may advise you on.
To receive compensation for your injuries, you must first prepare a detailed damages assessment. If your case goes to trial, the jury will consider the demand while deciding on damages. Before trial, you are likely to receive one or more settlement offers from the defendant or their insurance company.
Settlement is often favored since it guarantees the plaintiff’s outcome, although it is unlikely to be for the whole amount of the damages claim. Before determining whether to accept a settlement offer, work with your lawyer to examine all offers against the strength of your case and the full amount of your losses.
Prepare your damages claim, as well as any other steps required to bring a case, as soon as possible. In Colorado, car accident claims have a three-year statute of limitations. While this may seem to be a lengthy period, it will fly by as you recuperate from your injuries, develop your case, and analyze your losses. You will be precluded from recovering if you miss this filing deadline.
LOCATE AN EXPERIENCED CAR ACCIDENT LAWYER
Finding an experienced attorney you can trust after an accident with a reckless motorist is one of the most beneficial things you can do.
- Assess the strength of your case
- Prepare a case strategy
- Compile evidence to support your case
- Respond to evidence requests from the defendant Save and store important documents
- Understand the driver’s insurance coverage An attorney will work with you to manage every aspect of the case, including
- Assess the strength of your case Prepare a case strategy
- Compile evidence to support your case
- Respond to evidence requests from the defendant Hire professionals to produce a damages demand
- Make sure all of your injuries are included in the damages demand Analyze settlement offers
- Prepare and submit court paperwork on time
While you wait for a settlement, your car accident lawyer will advise you on best practices. For example, your lawyer may advise you to stay away from social media throughout the litigation. Imagine if you captioned a photo of the accident scene, “A night of drinking with friends rapidly went disastrous!”
The defense will use this to show that your drinking contributed to the accident. Social media postings may potentially injury your damages claim. If you file a claim for lost pay due to
your incapacity to do physical labor but post photos of yourself hiking or playing football with pals, the defense will argue that you should have kept working.
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