Driving Drowsy in Colorado Springs Can Be Just as Dangerous as Driving Drunk
Dangerous Intersection Car Accident Lawyer | Colorado Springs
How to Prevent and React to the Most Common Causes of Collisions
How is Pain and Suffering Calculated in Colorado?
Checklist: What to Do After a Colorado Springs Car Accident
Colorado Springs Car Accident Lawyer
Experienced Car Accident Attorneys
A car accident in Colorado Springs can be very difficult. This is why we offer a free consultation to help you understand your options. We have been involved with over 1,000 car accident lawsuits. We have the experience needed to take on everything from drunk driving, distracted driving, lost wages, hit and run accidents, and especially rear end accidents in Colorado Springs.
We have the passion and skill to help you recover from serious injuries and get fair compensation. It all starts with a free consultation for your Colorado Springs car accident.
If you are wondering what it cost to hire legal representation for a Colorado Springs car accident, know we work on a contingency fee basis. We only get paid if you we get you a car accident settlement. We recover compensation for injured car crash survivors in 99% of personal injury cases.
Hiring a car accident lawyer at Warrior Injury Law is simple! Call for a free compensation and we will seek compensation from the at fault insurance company today.
NO FEE UNLESS WE WIN
Determining Fault In A Colorado Springs Car Accident
Determining who is at-fault if a car accident occurs in Colorado Springs may seem straightforward to you since you were there and know exactly what happened, but it can be difficult from an evidentiary standpoint after the fact. Personal injury law gives us varies tools to help make this determination, especially when you suffer serious injuries.
We have criminal and civil wrongs in our legal system. Torts are the legal term for civil wrongdoings. Negligence is a legal term for wrongdoing. Warrior has the best car accident attorney in Colorado!
A violation of a responsibility to take the care that a reasonable person would use in identical circumstances is described as negligence. For example, if someone runs a red light and causes a Colorado Springs car accident, he has failed to meet his duty of reasonable care. When the negligent driver not at-fault suffers car accident injuries, they are allowed to make a personal injury claim.
Car Accidents, Prove Liability, and Car Accident Victims
A victim of carelessness from car accidents may file a legal lawsuit against the at-fault motorist. Typically, this claim will include a claim for damages caused as a consequence of the negligent driver of the at-fault motorist. Damages are a mechanism for a court to attempt to make the affected party “whole” by paying them for their losses and expenditures. They are generally in the form of money.
Colorado Springs car accidents can happen, and it’s not always simple to figure out who’s to blame. For example, Steven gets on his motorcycle with a passenger, revs it up, and speeds away, only to crash into a parked vehicle, hurting his passenger, Tammy.
She has suffered car accident injuries and can bring a claim for past medical bills and future medical expenses. She will need to help filing insurance claims. An experienced car accident attorney will guide her to get fair compensation and even a car accident lawsuit if necessary.
It seems like Steven is to blame for the car accident. Witnesses at the site claim that they know Steven, that he is a highly accomplished driver, and that he would never crash his cherished motorcycle into a parked automobile. We have a motor vehicle accident lawyer to resolve the issues that come up as a result.
Steven’s motorcycle, it turns out, had a flaw that prevented the clutch from engaging, preventing him from slowing down. In this case, Tammy’s claim for negligence may be a products liability suit against the motorcycle’s manufacturer rather than Steven.
In many cases, parties disagree over who is to blame for an car accident. This is one of the reasons you should employ a professional car accident lawyer who can thoroughly examine the car accident, interview witnesses, preserve evidence (the cars), and, if required, hire an car accident reconstruction specialist.
Warrior Law Firm has firsthand experience with insurance firms and their “expert witnesses” appearing at a car accident site and destroying evidence to cover up their insured’s error. This is happening more and more in when serious injuries occur. While there are a lot of car crash attorneys willing to take your case, few will fight for you like the car accident lawyer at Warrior Law Firm.
Insurance companies, remember, have teams of attorneys and expert witnesses ready to investigate and deny culpability. You are deserving of a team behind you. Personal injury law lets car accident lawyers use various types of experts to support your Colorado Springs car accident claim.
Negligence in comparison to others. In certain cases, numerous people are to blame for Colorado Springs car accidents. Negligent, for example. Steven is a paramedic who has been sent to help with a medical emergency. Steven turns on his emergency lights and sirens and drives along Powers Blvd. in Colorado Springs, Colorado, toward the car accident.
Steven slows (but does not stop) at a red light and enters the junction in the process. Tammy had the green light at the same moment, but she did not hear the ambulance due to her radio. Steven and Tammy clash as she approaches the junction.
The “Modified Comparative Negligence Rule” is used in Colorado. This implies that if the claimant’s actions are deemed to be 50% or more to blame for the Colorado Springs car accident, the claimant will be barred from seeking damages in court.
The amount of damages that the claimant may get is lowered by the claimant’s percentage of blame if the claimant is less than 50% at fault. Assume Tammy has been hurt in the situation above and files a lawsuit against Steven. Assume the jury determines that Tammy is 51 percent at blame because she had her radio on too loud and should have been paying attention after hearing all the evidence.
In this case, Tammy is not entitled to any compensation. Assume, on the other hand, that the ambulance driver was. Steven to be 90% at blame because he should have double-checked the junction before entering and that Tammy was judged to be 10% at fault because she was somewhat distracted by her music. If a jury awarded Tammy $100,000.00 in damages in this instance, the amount would be reduced by 10% of her portion of the blame.
They will fight harder if Tammy suffered serious injuries. Accident victims are routinely taken advantage of by groups such as Allstate, State Farm, and Farmers. This is why a car accident attorney will help get you more money. Motor vehicle accidents in Colorado Springs happen every day.
NO FEE UNLESS WE WIN
Ten Things To Do After A Colorado Springs Car Accident
Car accidents in Colorado Springs may undoubtedly be a stressful and upsetting experience. Individuals respond differently to stressful conditions. An experienced car accident lawyer will help guide you through the process. Auto accident is serious business, so don’t think everything will magically work itself out.
If you are involved in a Colorado Springs car accident with an at-fault driver, please follow these steps:
1. First, maintain your composure in the aftermath of a vehicle collision
Notify emergency personnel of the Colorado Springs car accident by dialing 911 or your local emergency number.
2. If feasible, relocate the cars off the road to a safe spot to avoid another collision
Colorado law requires parties to relocate their cars out of the traffic lane if there is no obvious significant harm.
3. Maintain Records of the Evidence
Ensure that you (or a family member or the investigating officer) record the names and contact information of any witnesses present at the incident. Take photographs of the autos and the crash location, if feasible. Make mental or written notes (if feasible) of any discussions you overheard or had while on the site.
4. Refrain from admitting guilt and avoid speaking with the other motorist
Often, determining blame requires an examination of the actual evidence at the site and witness accounts. If you are requested to make a statement, keep it brief and to the point. “I was traveling westbound on Woodmen Road at the legal speed when the red car ran the red light and smashed into the front passenger side of my vehicle,” for instance.
5. Report any injuries, even if they seem to be “minor.”
If you experience any symptoms of harm, even if you think it is minor, notify the investigating officer and promptly get your injuries recorded by a medical expert. Frequently, individuals dismiss mild stiffness or discomfort at first but discover it is a major whiplash injury after a few days.
The officer lists injuries in the area at the top of the Colorado Uniform Accident Police Report Form. While this does not imply you do not have a claim for injuries if the officer fails to record them, an insurance adjuster’s first line of defense against your claim will be that the car accident report did not include any injuries.
6. Seek Medical Assistance
If you have discomfort, get emergency medical treatment. Use your judgment and the advice of the EMTs on the scene to determine whether you should be transported to the hospital via EMS; whether you should go to the hospital on your own with a family member; whether you should go to a “prompt care” facility; or whether you should report to your family doctor.
In any case, avoid self-medication for your problems. An insurance adjuster will almost definitely try to deny your claim later if you do not seek medical care after the Colorado Springs car accident or if you seek medical treatment with substantial delay.
7. Notify Your Own Insurance Company
You owe it to your insurance carrier to alert them of any prospective claims. However, include a summary of the car accident’s location, the people involved, and the car accident’s essential facts.
8. Never provide a recorded statement without first consulting an attorney
The objective of a recorded statement is for a cunning insurance adjuster to use what you say against you to subsequently deny your claim. For instance: You are involved in an car accident in Colorado Springs and agree to provide an audio recording to your insurance company that evening. “Yes, I am hurt,” you tell the adjuster.
My neck is aching.” However, the next day, the symptoms progress to the mid-back. Months later, the insurance adjuster would almost certainly seek to exploit the statement to avoid paying for any back therapy.
9. Make no commitments!
Certain insurance firms will approach you soon after a car accident and make promises such as “sign here and accept $1,000.00 for your pain and suffering, and we will cover your medical costs.” You may be requested to sign a release authorizing the insurance company to see your medical records without restriction.
This attorney represented a client who signed such a release only to discover that the adjuster had sought medical data from her OBGYN physician. These documents were wholly unrelated to the client’s claim, demonstrating why you should not sign such a release without consulting an experienced car accident attorney.
Bottom line: Do not sign anything until you have obtained legal counsel. Insurance companies are for-profit businesses, and their primary objective is to pay you the least amount possible.
10. Consult an experienced car injury attorney
Not a television lawyer who does not appear in court, not a lawyer who advertises heavily on tv, and not a lawyer who handles your real estate transactions, wills, or family court problems. They don’t have the experience needed for an auto accident in Colorado Springs
NO FEE UNLESS WE WIN
How Much Is My Car Accident Case Worth?
If you ever come into a lawyer’s office after a car accident in Colorado Springs and are told that your case is worth X amount, my advice is to stand up, express gratitude for his time, and walk (or run) out of the office.
According to this lawyer, he or she is unable (or untrustworthy) to handle your severe injury claim. Attorneys do not possess crystal balls. The value of a personal injury claim is determined by various factors, some of which are straightforward to quantify and others of which are more difficult to quantify.
Nobody knows the value of your case until you have completed treatment. All aspects mentioned above of the damages may be established and a realistic value ascribed to each element.
Once treatment is complete, the medical costs, lost income, future medical bill projections, and physical damage charges constitute your claim for “special damages.” Colorado Springs does not offer as much medical specialties as Denver but we can help.
Additionally, your claim includes an element of “general damages,” which are intangible, such as mental anguish caused by the shock and horror of being involved in a Colorado Springs car accident, mental anguish caused by being injured, physical anguish and suffering caused by the injuries, both past, and future, and any permanent disability sustained by the claimant.
While auto accident attorneys in Colorado Springs may undoubtedly share their knowledge on the amount of compensation they have obtained in previous instances, it is hard to determine these damages early in a personal injury claim. Your medical bills will be too great to gamble with one of these law firms.
Typically, these costs may be quantified only after you reach Maximum Medical Improvement (MMI). MMI happens when your condition reaches a point where further improvement is impossible or when the healing process reaches a therapy plateau. With emotional distress injuries, they may never fully resolve. When it comes to traumatic brain injuries, it may be life long.
What is critical is that you or your Colorado Springs auto accident attorneys at the law firm be able to describe the value of your general damages, both to you and the car insurance adjuster, as well as to a jury of your peers after you achieve maximum medical improvement.
Before defining the value, a qualified lawyer would acquire relevant documents and carefully examine your own insurance claim, perhaps also doing jury verdict research to see how previous Colorado Springs car accident lawsuits have performed.
Your insurance coverage will show if you have medical payments coverage. We will then request the insurance policy from the other driver’s insurance company.
Do I Need an Experienced Car Accident Lawyer?
Following a car crash, many individuals feel that an insurance company would act benevolently and pay all losses in a timely and equitable way. This is far from reality! Insurance companies are for-profit businesses whose primary objective is to maximize profits for their shareholders.
Numerous car insurance companies tend to do the following: 1) Deny the claim entirely; 2) Delay the claim as long as possible; and then, 3) Defend the claim by attempting to discredit the claimant and pay as little in damages as feasible.
You are an injury victim of someone’s negligence. You call their insurance company and explain that the other driver was plainly at fault in the collision. On the other hand, the insurance company disputes the insurance claim and refuses to assume responsibility until they “can get a statement from their insured.”
When the insurance company reaches out to their insured and sees no way around the reality that their insured is at fault for the Colorado Springs car accident, the insurance company enters delay mode. The insurance provider may ask you to complete useless forms and obtain medical data for unrelated ailments during this period.
They are then subjected to a review procedure of the required medical records and documentation.
After the insurance company has concluded its evaluation of your claim, it enters defense mode. Their objective is to utilize whatever documents they can to undermine your claim for medical expenses and pain and suffering and provide you with the smallest possible car accident settlement.
For instance, the insurer may use authorization to get medical records against you to sift through massive volumes of earlier information to find any reference to a disease that they can attribute to the issue you are complaining about. The Colorado Springs insurance company’s most often made an insurance claim is that “since you have a pre-existing condition, we will only pay you a percentage of your losses.”
The basic fact is that many insurance companies will take advantage of you if you do not have an attorney. They are well aware that you lack expertise in civil process and evidence and that it will be difficult for you to rush down to the courts and file a case to preserve your rights.
Hiring a personal injury lawyer on your side early on warns the insurance company that you may assert your rights in court if it does not pay your losses. Having an experienced personal injury attorney in Colorado Springs levels the playing field and is likely to add considerable value to your claim, in my experience.
How To Choose A Personal Injury Attorney
When contacting a serious car accident lawyer in Colorado Springs, keep in mind that you are the consumer and are entitled to get superior service. Make certain that you meet with a real lawyer, not an investigator, his assistant, or a “runner,” before signing a fee contract with a lawyer or legal office.
When you meet with the attorney, be sure to ask the following questions and do not settle for someone who cannot satisfactorily answer them:
Is this a complimentary consultation?
Will you be the only attorney handling my case?
How are you going to approach my claim?
Do you swiftly respond to your calls?
Can they help with lost wages?
How long should I anticipate receiving a response to my inquiries on average?
Do you have time to begin working on my case immediately?
Are you prepared to litigate my case if the insurance company refuses to settle?
How many cases have you prosecuted?
What level of success have you achieved in your cases?
How much do you charge on a contingency basis?
Will you cover the expenses of pursuing the claim, or will I be responsible for my medical bills and other fees?
Is anything different if it was a drunk driving accident?
What if it was a hit and run accident and you don’t know who caused the car accident?
How many auto accidents have you handled in the Colorado Springs area?
Have you given seminars or written books, journals, or articles on personal injury claims?
Numerous insurance companies immediately place “reserves” on claims after vehicle accidents. This implies that the insurance company sets aside a particular amount of money for the claim. After the reserve is established, the insurance company works diligently to settle the claim within the reserve amount.
A variety of different things determines the reserve. Early notification to an insurance company that you have a qualified personal injury attorney in Colorado Springs eager to litigate your case is almost probably a factor in the insurance company’s judgment of the claim’s worth. As a result, it is critical that you pick your counsel carefully.
What Will It Cost For Me To Hire An Attorney?
Many individuals feel that engaging a personal injury attorney is a costly endeavor that will provide no tangible results. Nothing could be farther from the truth. This is often because the majority of people are unaware of how car accident lawyers charge their clients. When you have lost wages, the last thing you want to do is pay out of pocket.
Attorneys often charge differently based on the kind of case. Typically, a general practice attorney would charge a flat fee, or a one-time payment, for services such as real estate closings.
Flat rates work well for simple projects, have few adjustments or exceptions, and take a predictable time period. When an attorney is retained to defend civil litigation, such as a personal injury claim, the attorney is paid hourly and computed in six-minute intervals.
By charging an hourly fee, an attorney charges just what is required to provide his client with the best defense available. Hourly rates are employed in these sorts of instances because each one is so unique. While one client’s issue may just need a few hours of labor to get a satisfactory resolution, another client’s case may take many weeks to resolve.
Personal injury lawyers often provide a free first consultation and subsequently charge a “contingency fee.”
If an attorney is retained, a contingency fee is paid to the personal injury lawyer only if they obtains a favorable judgment in a lawsuit or the matter is resolved outside of court. This implies that the lawyer will earn a share of the recovery after the lawsuit. Find a law firm that specializes in car accidents in Colorado Springs.
A lawyer will not charge a contingency fee unless and until he obtains a favorable judgment or settlement for his client. Because contingency costs differ per attorney in Colorado Springs, it is critical to inquire about an attorney’s fees before hiring him or her.
Additionally, clients are ultimately liable for any “costs” advanced by the car crash attorney. These costs include requests for medical documents, copies and postage, court filing fees, and other litigation expenses incurred in connection with their cases. While a Colorado Springs car wreck attorney would often advance money for these expenses initially, clients must reimburse the attorney after the matter is resolved.
Warrior Law Firm suggests that anybody involved in a personal injury case get the services of an experienced attorney from the Colorado Springs area. The costs exceed the advantages, since you do not pay anything upfront.
Not only will an experienced auto accident attorney provide you with the information and experience necessary to prosecute your claim effectively, but payouts for accident victims are 40% greater when a motor vehicle accident attorney represents them so you increase your chance of getting fair compensation. Additionally, insurance payments are on average 3.5 times larger for consumers who retain a car accident attorney vs. those who do not.
Please be aware that Warrior Law Firm provides a free first consultation and case review to prospective clients. If a client decides to employ this auto accident lawyer on a contingency basis, the cost will range between 33% and 40% of the result.
Warrior Law Firm wants to ensure that each prospective client is informed of what will occur and what each party agrees to before the client engages him formally. We believe that being upfront and honest with clients contributes to developing a connection that increases each client’s chances of success.
NO FEE UNLESS WE WIN
What Damages Am I Entitled To Following A Colorado Springs Accident?
When I’m in a Car Accident, What Damages Do I Qualify for? You need legal representation to get all that you are entitled.
When you are involved in a car accident in Colorado Springs that is not your fault, you are allowed to receive two types of damages, special damages and general damages.
General damages are non-economic expenses that might vary greatly from one event to the next. A perfect example is pain and suffering. These will be different for everyone because their injuries will be different. This is especially true with internal injuries. Car accident cases allow you to recover for all of the damages that naturally result from the driver negligence, especially with drunk driving and rear end collisions.
Out-of-pocket economic losses caused by car accidents are referred to as “special damages.” Special damages may comprise the following and are often simple to calculate:
Past and future medical bills
Loss of Earnings
Decreased Earning Power
Colorado law requires the at-fault party (or their insurance) to pay the fair worth of the repairs made by the car accident and the loss of use of the vehicle while it is inoperable. Damages for decreased value, the difference between the vehicle’s pre-accident worth and its post-accident value, are also available to claimants. Because of Colorado’s anti-fraud laws and regulations, the insurance company cannot force you into having your vehicle repaired at a certain shop.
Often, a vehicle’s repair value lowered worth, and loss of use damages may surpass the vehicle’s fair market value before the car accident. Cars totaled after an car accident are deemed a complete loss, and insurers are required to pay you any difference between their fair market value before and after the event.
“Pain and Suffering” damages are included in general damages. General damages are more difficult to measure than particular losses. Non-economic losses are also included in general damages. “Pain and suffering” is a legal item of damages that is included here.
When it comes to compensating you for pain and suffering, the “enlightened conscience” of a fair and unbiased jury serves as the legal standard for determining the value of these damages.
As an example of general damages, one may get as a victim of another driver’s negligence:
Pain and Suffering
Disfigurement of the body
Damage to One’s Health
Quality of Life Deteriorated – Mental Anguish
Worry, Disbelief, Anxiety, and Shock
Punitive damages may be warranted in certain vehicle car accident instances if there are aggravating factors. Damages granted to a plaintiff to dissuade a defendant from participating in specified behavior are known as “punitive damages.”
It’s common for these damages to be granted in cases when the defendant’s acts reveal a deliberate disregard for the repercussions of his actions. Punitive damages may be available if any of the following may be proven:
Punitive damages may be awarded in a car accident if the defendant was under the influence of alcohol or drugs at the time of the car accident. Punitive damages are appropriate in this case to dissuade the defendant from driving while impaired again.
What Can I Expect To Happen When Making An Injury Claim?
Making a personal injury claim is a difficult and time-consuming process. Inexperienced attorneys are familiar with the complexities and necessity of gathering the right information. They also know how to speak with the insurance company and know the current and future ramifications of any settlement conversations. Our law firm has a highly experienced car accident lawyer here to help every step of the way.
Even if you don’t file a personal injury claim, the information below should help you understand the process and what you can do to be more prepared.
Compile all of the necessary documentation. Before you seek to settle a car accident claim, you must have all of your evidence available. Make certain that you have all of the images or papers that you believe may be relevant to your case in your possession.
All medical invoices relating to your case, including prescriptions, should be kept on hand. Once you have completed treatment or reached maximum medical improvement (which means that your condition has improved as far as it is likely to improve), your attorney will compile all of your evidence, medical records, and medical bills and submit a “settlement demand” to the insurer or at-fault party for their consideration and response. We will get you paid back for all your medical expenses.
The settlement demand communicates a great deal about a client’s or attorney’s ability to prosecute the claim if the case proceeds to the litigation stage. In the case of a poorly written demand with insufficient supporting paperwork, the claims adjuster will conclude that the attorney (or client) is not serious about the claim and/or is either unprepared or not a true “trial lawyer.”
A well-drafted, well-worded settlement demand, accompanied by well-organized paperwork, informs the adjuster that “If we do not pay what this claim is worth, this attorney will file a lawsuit. It’s probably best if we just pay up and move on.
An example of documents that Warrior Car Accident Lawyers in Colorado Springs will acquire on his client’s behalf before participating in settlement negotiations with an insurance company is provided below as a checklist:
The car Accident Report
Photographs of the various automobiles
Photocopies of any injuries and/or scarring – Medical/pharmacy bills – Medical records –
Documentation of Wages Not Received (including tax returns, W-2 forms, and letters from employers).
Medical Certificate of Disability
Medical Certificate of “Permanent Impairment”
Medical Certificate of Disability (if applicable)
Prediction of Future Medical Expenditures
Notes or a journal from the client describing how the car accident has restricted his or her activities
Investigating Jury Verdicts in Similar Cases and Injuries
With all of this information, the attorney will confidently discuss his client’s case with the insurance company and will know what amount is a reasonable number to accept as compensation for his client’s claim.
Discussions on a settlement. After the insurer has reviewed the demand and accompanying paperwork, the insurer will issue a settlement offer to the car accident victim. The best car accident lawyer will know how to handle this situation perfectly. Typically, it takes some back-and-forth negotiation with the insurance before you can get their “best offer.”
Following receipt of the insurer’s best offer, you will need to determine (in collaboration with your attorney) whether the offer fully compensates you for your injuries or if you should file a lawsuit against the insurance company.
A potential stumbling block: It is often said that being prepared for trial is the most effective method to maximize your settlement! If you have an attorney who believes in this philosophy, such as Warrior Law Firm, your matter will probably be resolved without the need to go to court.
Make certain that your attorney has the necessary knowledge and access to all relevant information to assist you in making an educated choice about whether to accept or reject a settlement proposal. When it becomes evident that the insurance company will not make a fair settlement offer, a well-prepared attorney will be able to go to trial.
Initiation of legal action. In certain circumstances, the adjuster and/or insurance company and the claimant cannot reach an agreement on an acceptable settlement amount due to a variety of factors. It will be necessary for the claimant to launch a lawsuit in this situation.
Most of the time, the at-fault party (defendant) will be required to file the case in the county where he or she lives at the time of filing the lawsuit. Although there are occasional exceptions to this rule, having the finest possible “venue” is vital. An experienced car accident lawyer will make this decision early on.
The conservatism of certain jurisdictions is much greater than that of others. If a jurisdiction has traditionally been more conservative than another, such as El Paso, Colorado, the median jury will award less than if the county has generally been less liberal than Boulder County.
It is critical to have an attorney who is capable of identifying all relevant jurisdictions and venues, as well as selecting the most appropriate venue for your individual claim. The following paragraphs provide an overview of the several trial courts in Colorado.
Magistrate Court is a kind of court that hears cases before a judge. Small claims courts in Colorado Springs, also known as magistrate courts, are sometimes referred to as “small claims courts” because the judge can award damages of up to $15,000.00 in value.
Following filing a “notice of claim” in magistrate court, the defendant will have thirty days to reply to the case by submitting an “answer” in the same court. Following the filing of a response, the court will schedule the matter for trial, which will normally take place within 30-60 days following the filing of the answer.
As evidence is presented at trial, a magistrate judge will determine how much money will be awarded to the plaintiff after hearing both sides’ papers and testimony. Our law firm has significant experience, which is why we have the best car accident lawyer in Colorado. Our auto accident attorneys have tried hundreds of car accident lawsuits.
Magistrate courts do not permit “jury trials,” which are situations in which a side requests that a jury decide who wins. A decision of a magistrate court may be appealed to a higher court by any side. At this point, the case is virtually re-started from the beginning with a fresh trial.
State courts: There are some distinctions between state and superior courts, but for the most part, these two types of courts work in the same way when it comes to automotive car accident claims.
First and foremost, there is no jurisdictional restriction on the number of damages that may be awarded by the court, which means that the court may award as much in damages as it deems appropriate. As a second option, each side may request that a jury of six people decide the matter.
Finally, the process in these courts is far more formal than that of a magistrate or a civil court. When a lawsuit is filed in a state or superior court, the defendant has thirty days to respond to the case before it is dismissed.
Following the response filing, the court will normally mandate a period of “discovery” of six months. The discovery phase is a time during which the parties may exchange documents, conduct depositions, and submit pre-trial motions before the trial begins regarding the auto accident. Once the six-month discovery process has passed, the parties may request that the matter be scheduled for trial on their terms and conditions.
The likelihood of obtaining a successful result in a lawsuit is much increased when the plaintiff’s attorney prepares the case as if he or she is preparing to take the case to trial in front of an audience of judges and jurors. It is critical that all of the material and evidence described above is in good working condition and ready for trial long before the actual trial takes place in order to avoid delays in the proceedings.
What If I Cannot Afford Medical Treatment?
Many persons involved in car accidents are unable to pay for the medical care they need to recover from their serious injuries. A car accident case will give you options other than health insurance or paying out of pocket for medical expenses.
Furthermore, the at-fault insurance carrier will almost always refuse to pay for medical expenses incurred along the way. Instead, you will be presented with a global settlement offer once they are finish treating, which will represent a complete and final resolution of your claim.
There are numerous options for getting therapy in the interim if you cannot pay for it out of pocket. According to the Emergency Medical Treatment and Labor Act (EMTALA), emergency rooms are required to provide stabilization and treatment to anybody who arrives at the emergency room, regardless of their insurance status or financial capacity to pay.
Because of this, if you are injured in a car accident and are subsequently transferred to an emergency facility, your treatment will be controlled by this statute.
If you cannot pay for medical treatment after visiting the emergency department, there are numerous options for obtaining medical treatment after an automobile accident. If you have medical payments coverage, you may utilize this coverage to pay for medical care.
Following that, some companies may finance medical care for injured accident victims, charging an interest rate on the sum they have spent in the first instance. In addition, many medical professionals will agree to treat an accident victim in return for a lien or the guarantee that their bill would be covered after you have completed creating the sufferer and gotten either a settlement or judgment.
Potential Pitfall: Many lawyers will refer clients to “their chiropractor,” a dangerous practice. When you are injured in a car accident, this is not always the wisest course of action to take. It is critical to have an attorney familiar with a wide range of medical professionals, including orthopedic doctors, pain management physicians, physical therapists, and chiropractors, to ensure that you get the appropriate therapy from the most qualified professional.
It is simple, we offer a free consultation for anyone involved in a car accident in Colorado Springs or the great Colorado area. You can schedule it online in under 2 minutes. We make everything very simple.
Drivers in Colorado Springs are often confronted with high traffic and a range of dangers, all of which may raise the likelihood of a car accident.
Accidents may happen for a variety of causes, some of which are avoidable. When it comes to avoiding possible road dangers and keeping safe, drivers may have limited alternatives at times.
Following an car accident in Colorado Springs, you may be entitled to compensation for any injuries you received due to another driver’s carelessness.
Working with a knowledgeable Colorado Springs car accident lawyer can help you determine who’s carelessness contributed to your car accident and, as a consequence, how much compensation you should seek in your claim.
Common Causes of Colorado Springs Car Accidents
Drivers in Colorado Springs often spend long hours travelling, and they may do it in monotonous, bumper-to-bumper traffic with frequent slowdowns. As a consequence, Colorado Springs drivers may experience greater distractions than other drivers. Drivers may choose to multitask while commuting, such as reading email, applying hair or makeup, or even holding meetings over the phone or through online platforms.
Distractions when driving generally consist of one or more of three categories of distractions. We go through each kind in further depth below.
Drivers’ eyes are diverted from the road by visual distractions. When adjusting the temperature settings in the car, for example, visual distractions may last only a few seconds. Visual distractions, on the other hand, might sometimes include more intense, long-term diversions.
Most people think of checking and/or replying to text messages and other virtual messaging when it comes to visual distractions. Still, they may also involve gazing at a GPS device or someone in the car instead of the road.
DISTRACTIONS BY HAND
When a motorist suffers from manual distraction, he takes his hands off the steering wheel. With the car looking straight ahead, the driver may believe he has a few more seconds to do something else, such as eat or drink, or reach back to deal with a youngster or pet in the back seat.
Taking just one hand off the wheel, rather than both, is a common physical distraction. Unfortunately, when a motorist takes one or both hands off the wheel, he may take longer to react to a possible traffic danger, such as someone turning in front of him or negotiating an abrupt bend.
DISTRACTIONS IN THE MIND
Cognitive distractions do not always cause the driver’s hands or eyes to leave the road, but they may. On the other hand, these distractions divert the driver’s focus away from work at hand.
Most individuals aren’t as good at multitasking as they believe they are. Drivers may find it difficult to notice anything else happening around them if their focus is diverted from the road. They may be aware of activities on the road around them, but they lack the concentrated concentration required to properly travel on it.
Cognitive distractions may also make it harder for drivers to notice changes in their surroundings, such as traffic slowing or increasing. Additionally, cognitive distractions may lead drivers to lose awareness of their surroundings, making it harder for them to identify an exit or make a turn-on time.
Drivers in Colorado Springs typically have little room for error; getting lost on the city’s narrow, often congested streets might entail driving out of your way to go back to your destination.
Some driving distractions come into all three categories. Texting and driving, which became illegal in Colorado in September 2010, cause a visual distraction when drivers look down to read a message, a manual distraction when drivers take their hands off the wheel to respond, and a cognitive distraction when drivers focus on the message rather than the road. Eating and drinking may produce physical, visual, and cognitive distractions all at once, particularly when it includes messy foods or a spill.
Drivers in Colorado Springs endure unusually lengthy commutes, with an average of almost 40 minutes each way. Lengthy commutes result in a substantially increased risk of exhaustion overall, particularly towards the conclusion of a long shift at work. Drivers in Colorado Springs who are tired may find it difficult to maintain safe control of their cars.
Driver weariness often results in decreased response times, poor decision-making, or simply staying out of the driver’s designated lane, all of which may significantly increase the chance of an accident. Unfortunately, Colorado Springs drivers continue to experience significant levels of weariness, particularly if their demanding schedules prevent them from getting enough sleep.
Drivers in Colorado Springs have long contended with clogged roadways that lack the infrastructure required to handle the number of people who use them daily. During rush hour, Colorado Springs cars may face lengthy delays due to congested highways.
Many drivers may face an increased risk of significant accidents in congested areas, often followed by catastrophic injuries. Unfortunately, Colorado Springs remains one of the most hazardous cities in North America in terms of driving safety.
Drivers stuck in congested traffic are more likely to experience road rage or aggressive driving, which may raise the chance of unwittingly causing a serious accident.
Colorado drivers have one of the greatest sobriety records in the country, with a minimal number of drunk driving accidents, accidents, and arrests. Nonetheless, drunk driving accidents result in the deaths of numerous persons each year and serious injury to others.
Drunk drivers endanger everyone in their vicinity. They may drive in an irrational, unpredictable manner, making it impossible for other drivers to foresee their actions, forecast what they will do next, or just get away from them. Driving when drunk might result in tunnel vision, a struggle to make rational judgments behind the wheel or a complete disregard for the norms of the road.
When drunk drivers are engaged in an accident, they may cause more severe injuries because they cannot react in a manner that would reduce the severity of the accident. Drunk drivers’ reactions are typically hindered, making it harder for them to slam on the brakes, manoeuvre away from approaching traffic, or escape an accident. Consequently, victims of drunk driving accidents often suffer more serious injuries than victims of other kinds of car accidents.
During the winter months, Colorado Springs residents are used to driving on ice and snow. Colorado Springs has a well-defined system for dealing with anticipated snowfall or ice roadways, which helps to clear the way and make driving simpler. Snow and ice, on the other hand, maybe a significant problem for drivers and raise the likelihood of major accidents.
Colorado Springs receives an estimated 48 inches of snow per year. This heavy snowfall may cause several issues for drivers on Colorado Springs roadways, including slippery conditions that make it difficult to keep cars on the road safely or prevent crashes.
While many drivers consider learning how to drive in certain situations as part of their driver education, bad weather cannot always be avoided. It might be difficult to avoid possible crashes on icy roadways. On curving road sections, drivers may also veer off the road, particularly if they attempt to take such curves at extreme speeds.
You may be wondering how a city without snow or heavy rain can generate traffic problems for cars. Heat does not cause accidents in and of itself, but it certainly makes drivers worse. Motorists will not have the same abilities and reflexes as they would in more moderate situations when they are weary from high heat.
If there’s one thing Colorado Springs has a lot of, it’s really hot days. According to one research, there is a 3% increase in car accidents on hot days, which is about six months of the year in Colorado Springs. On exceptionally hot days, drivers are seven per cent more likely to make a mistake that might result in a car collision. The heat might make it difficult for them to concentrate.
Furthermore, excessive heat might impair your car’s performance, which means it may not be available when you need to take quick action to prevent an accident. Tire blowouts may occur on hot days, causing drivers to lose control of their cars. Finally, the desert heat may irritate some drivers and cause them to lose their cool, resulting in road rage accidents, which we will discuss below.
Finally, although Colorado Springs does not get much rain, the rain that does fall may quickly exacerbate traffic congestion. When heavy rains fall suddenly, roads might get flooded.
Drivers in Colorado Springs may participate in aggressive driving for a variety of reasons. Many Colorado Springs drivers, for example, struggle to cope with congested roads and frequent traffic jams, which may lead them to engage in violent conduct to get through traffic quicker.
To get to their destinations quicker and avoid delays, drivers may tailgate, swerve in and out of traffic, or attempt to shove others off the road. Unfortunately, such habits seldom result in a reduction in driving time, and they may eventually lead to drivers causing serious accidents.
Worse, aggressive driving has been ingrained in Colorado Springs society due to a large number of aggressive drivers. When most Colorado Springs drivers go on the road, they anticipate some level of aggressive driving behavior. As a consequence, they may opt to drive themselves aggressively to prevent other drivers from gaining the upper hand.
Speeding may be difficult on all but the empty highways during rush hour, which in Colorado Springs may extend for several hours in both the morning and evening, since bumper-to-bumper traffic and extreme congestion make it hard for cars to reach anywhere quickly. However, Colorado Springs drivers may opt to drive faster than the posted speed limit to shorten their trips during other times of the day.
Speeding, however, seldom saves much time. Worse, it may dramatically raise the chance of an accident. When drivers increase their speed, they increase their chances of being involved in a major collision.
Speeding may also worsen the severity of an accident by increasing the force with which one car collides with another. Two speeding drivers are significantly more likely to cause significant injury to one another than two drivers operating at the legal speed limit and following the regulations of the road.
In bad conditions, speeding may be very dangerous. When the roads are covered with snow and ice, cars may need to slow down to navigate safely. Unfortunately, drivers who choose to speed instead are far more likely to be involved in an accident.
CROSSROADS THAT ARE DANGEROUS
There are plenty of hazardous crossroads in Colorado Springs. The intersections of VFW Highway and Bridge Street, Appleton Street and Central Street, Ash Street and West Elm Street, and Middlesex Road and Kendall Road all offer a significant danger to cars, particularly at rush hour.
Due to the difficulties they create, dangerous crossings may be given this moniker. To begin with, many risky crossings lack sufficient markers to indicate where cars should travel and who has the right of way.
Next, they may have limited vision due to obstacles or road alterations that make it impossible to spot approaching cars. Finally, many risky crossroads are located on stretches of road where most cars go at high speeds, thus increasing the likelihood of collisions.
Some motorists attempt to avoid crossing risky crossings. Others, on the other hand, may have no option but to pass through certain locations.
Learning to drive in Colorado Springs comes with its own set of difficulties. Even when the elder drivers may not have much expertise behind the wheel, young drivers cause more accidents than older drivers.
It takes time to learn how to react appropriately to potentially hazardous situations on the road, such as bad weather or aggressive driving by other drivers. Due to the high amount of traffic in Colorado Springs, finding safe sites to educate adolescent drivers may take longer.
When it comes to travelling through Colorado Springs for the first time, many drivers may be nervous.
Because public transit is readily available in Colorado Springs, some parents may decide to wait longer before teaching their children to drive. Parents may believe that their children can travel about securely without having to drive themselves.
Residents in Colorado Springs may also be less likely to possess a car than residents of smaller communities with limited public transit options. When young drivers get behind the wheel, they may lack the necessary skills to solve issues, navigate safely, and prevent collisions.
DRIVERS WHO ARE ABRASIVE AND ENRAGED
Colorado Springs drivers, like other Colorado drivers, have a hard time regulating their emotions. Road rage episodes are on the upswing throughout the state, particularly in the Valley. While many of these occurrences involve drivers committing acts of physical violence against other drivers as a result of events on the road, they do demonstrate that many drivers in Colorado Springs have short tempers.
This may take the form of hyper-aggressive Driving, putting everyone on the road in danger. As part of a disagreement, aggressive Driving includes tailgating or other confrontational maneuvers. Not only does this put the motorist who is being pursued in danger, but it also puts everyone else in the vicinity in danger.
Aggressive drivers make bad decisions when they are fueled by emotion. When all they care about is settling a score, they aren’t thinking about safety. Worse, they may lose control of
their car while making unsafe maneuvers, and they may collide with other cars in an accident.
Colorado Springs is in the midst of a massive construction project.
Colorado Springs’ infrastructure has reached the point where it is starting to reveal its age. While the city is relatively young, its roadways are in poor condition. This might be because Colorado Springs is still a car city, and the combination of tens of thousands of cars plus the desert heat can cause roadways to age prematurely. Accidents might occur simply due to poor road conditions.
Colorado Springs is now determined to improve the condition of its roadways. Repairing roads, on the other hand, entails turning them into construction zones. Work zones, whether on the highway or city streets, may be difficult for cars to navigate.
Slower speeds and narrower lanes are the results of the construction. It also refers to abrupt changes in road conditions that provide a challenge to even the most attentive drivers. Work zone accidents occur when motorists do not apply the proper level of care. Colorado Springs residents may now anticipate even more construction, as the city has revealed plans to repair even more roadways.
Out of 20 significant metropolitan centers studied, Colorado Springs was tied with Detroit for the worst roads in the county, according to one study.
HIGHWAYS IN CITIES MAY BE DANGEROUS.
Hundreds of miles of metropolitan freeways run through Colorado Springs. Some interstates transport tens of thousands of cars every day, such as I-25 and I-17. The issue in Colorado Springs isn’t so much high traffic. The city has adequate highways and roadways to accommodate all of the cars. This, however, is a two-edged sword. When roads are large and multi-laned, it encourages drivers to behave badly. They have greater space and may drive more recklessly.
The data on roadway deaths in Colorado Springs support this. From Friday to Sunday, more than half of all roadway deaths in the region occur. This indicates that when there are more wide-open highways, drivers are riskier. Furthermore, the fact that Colorado Springs roadways have so many lanes enables drivers to weave in and out of traffic, and they may do so dangerously.
According to some estimates, I-17 is the fourth-deadliest motorway in the United States. Between 2011 and 2015, 49 people died on the roadway inside the municipal boundaries of Colorado Springs. There were 123 fatalities between Colorado Springs and Pueblo during that period. Drunk Driving is a typical occurrence on I-17. Furthermore, there is a substantial volume of truck traffic and commercial accidents on the route.
From 2013 to 2015, a fatal motorway collision occurred about every five days in the Valley region, according to the Colorado Republic. This is a whopping 61 per cent higher than the national average for roadway deaths. This is one of the reasons why Colorado Springs has one of the highest rates of fatal car accidents of any major city in the nation.
TRUCKS ON THE ROAD
Even though Colorado Springs is not in the heart of the nation, it is well situated for truck traffic. Trucks will travel through Colorado Springs on their journey to the rest of the nation from the ports in Southern California since it is situated on I-25.
Trucks passing through the Valley on their way to or from the Mexican border may do so. Furthermore, south of Colorado Springs is a big Walmart distribution center, which has boosted truck traffic in the region. In general, the shift to internet purchasing means that every time you go on a highway in Colorado Springs, you’ll see many Amazon and Walmart trucks.
The presence of huge trucks on Valley region roads complicates the lives of all other drivers. As employers struggle to obtain enough trained drivers on the road, trucking has become significantly riskier. When driving a truck that may weigh up to 80,000 pounds fully loaded, rookie drivers are prone to making mistakes. Other cars on the road pale in comparison. As a consequence, most truck drivers do not survive truck accidents.
They also push to achieve delivery dates despite government constraints on how much time drivers are allowed to drive. Due to shift limits, truck drivers may try to cover as much area as possible before taking a mandated rest.
CARS FROM UBER AND LYFT
The proliferation of rideshare cars on the road, as in another city, makes things riskier for other Colorado Springs motorists. The car accident rate in the region was rising until the epidemic pulled many of these drivers off the road. Uber drivers in Colorado Springs earn the 14th-highest hourly wages in the nation, so there will be plenty of them on the road.
Rideshare drivers frequently drive in areas of the Front Range they are unfamiliar with. They’re also concentrating on the app and finding new riders to boost their profits. They may be “deadheading” or driving in circles to remain inside the region where ride requests are common.
They may then rush to pick up the ride to keep their excellent driver rating. In other aspects, the ride-sharing system may encourage drivers to engage in risky behaviors like texting while driving and speeding.
In general, Colorado Springs’ extensive road network raises the risk of lost motorists unfamiliar with the environment and roadways. Drivers who get disoriented will turn to their cellphones for instructions, taking one or both eyes off the road.
INTERSECTIONS WITH A LOT OF PEOPLE
Drivers attempting to make a left turn on the lengthy multi-lane metropolitan roadways leading out to the suburbs face challenges. Some metropolitan roadways in Colorado Springs, such as Camelback and McDowell, can handle up to 80,000 cars each day. These crossroads will be deadly even with properly timed lights and traffic management.
Every few days, an accident will occur at certain junctions, such as Powers Blvd. and Woodmen Roads, as drivers race to beat the lights to make their turns. Other motorists are not paying attention and will run red lights or fail to spot cars approaching the junction. Accidents involving car turning are particularly deadly because one car
may collide with the other or smash into the side of the other. This kind of collision may result in significant injury to drivers.
PART-TIME RESIDENTS AND TOURISTS
In the winter and autumn, when the temperatures in the Valley are not as high, many people will go to Colorado Springs for more moderate weather. Because they are unfamiliar with local roads, tourists and snowbirds contribute to car accidents.
When they become lost, as the Uber drivers indicated earlier, they struggle to navigate and may get distracted. When they’re attempting to get over to make a turn, their shaky Driving will cause them to make unlawful lane changes.
They may drive slowly on roads or suddenly stop in front of you without notice. Worse, many out-of-state drivers go in rental cars, making it difficult to discern when additional caution is required.
DRUNK DRIVING IS A SERIOUS OFFENCE.
Drunk driving deaths in Colorado are greater than the national average. This is why weekend traffic deaths are higher on state highways. Drunk drivers may drive recklessly or lose control of their cars, endangering other road users.
By falling asleep at the wheel or driving into head-on traffic, they may cause devastating catastrophes. This is why I-17 is one of the most deadly highways in the nation. Local governments have been forced to put up signs warning motorists against driving in the wrong direction.
Because alcohol decreases inhibitions, it lessens drivers’ natural aversion to danger. It also prevents individuals from processing and following traffic signs and signals.
DRIVING WHILE DISTRACTED
Drivers in Colorado Springs, like everyone else, are becoming more distracted behind the wheel. Despite strict traffic rules prohibiting the use of portable devices while operating a motor car, their mobile device competes for their attention when driving—texting and emailing while driving is very dangerous.
Drivers who are engrossed in their phones are more likely to collide with things since they make no effort to avoid danger or slow down. Furthermore, these drivers miss out on chances to avert collisions since they waste time slowing down or moving their car out of injury’s path.
Even when there are no other cars on the road, Colorado Springs drivers are often rushing. They believe that saving a few minutes is worth the danger to themselves and other drivers.
This is why so many accidents occur outside of rush hour. Drivers who speed are more likely to lose control of their car or fail to stop at a stop sign or red light. They have slower reflexes and are less able to escape collisions.
Reckless Driving refers to drivers who show little concern for the safety of others. Although this is not a local issue in Colorado Springs, the city ranks 35th out of 183 cities in the United
States in unsafe roadways. This is due in part to the high number of fatalities related to irresponsible Driving.
Have You Been Seriously Injured In A Colorado Springs Car Accident?
Whether your accident was caused by one of these frequent causes of car accidents in Colorado Springs or you were injured in a car accident for another reason, you may need the assistance of a personal injury attorney to help you negotiate your claim. Contact a lawyer as soon as possible to discover more about your rights after a car accident in Colorado Springs.