Figuring Out Who is At Fault in a Colorado Springs Car Accident

Colorado Springs Car Wreck

Written by Jeremy D. Earle, JD

September 20, 2021

AFTER AN ACCIDENT, DETERMINING WHO IS AT FAULT MAY BE DIFFICULT

In recent years, the number of drivers on the road has steadily increased. Over 200 million Americans have a driver’s license as recently as 2009. It’s easy to lose sight of your danger in the crowd when so many people push for space on the roads every day. Many of us drive many times a day and are unaware of the danger of being involved in a car accident.

The unpleasant reality is that even the most cautious drivers are vulnerable on the road. Accidents may and do occur as a result of circumstances beyond one’s control. Unpredictable weather and road conditions, for example, may result in an emergency; and even if another driver’s negligence causes your accident, there’s little likelihood of a sure-fire strategy to protect yourself.

Car accidents are more prevalent in Colorado than you would think. According to the Colorado Department of Highway Safety and Motor Vehicles, between January 1 and December 31 of 2018, the following occurred:

  • There were 401,851 overall collisions.
  • 2,935 of the total collisions resulted in 3,150 deaths.
  • Car accidents resulted in almost 250,000 injuries.
  • A total of 166,628 collisions result in injury.

There’s no doubting that car accidents happen at an alarming rate. Many victims of these collisions are left terrified and worried following the auto accident. They may be unsure where to start when seeking compensation for damage to their property or person. It is often best to start with the police report. If the responding police officer did their job, they will include details of how the auto accident occurred.

Many people are unsure who to seek aid and guidance from initially, but car accident victims should never feel alone in their experiences. Reputable car accident lawyers can assist you through the legal process of identifying liability and pursuing compensation. You will want to contact your own insurance company even if the accident was not your fault.

This article discusses how to determine fault, get the other insurance company to pay, and tips on picking the best personal injury law firm. At Warrior, we love holding the at fault driver responsible for the injuries they have caused to you. We handle all aspects of the insurance claim, communications with the insurance adjuster, speaking with the responding police officer if we need to, and making sure you get high quality medical treatment.

CAR ACCIDENTS THAT HAPPEN FREQUENTLY

The severity of a car collision might vary greatly. While many individuals in America get into little fender-benders daily, certain accidents may turn into life-changing events for the victims. Both small and major car accidents may result in injuries, and even minor collisions can even result in medical complications that take days or weeks to manifest.

Auto accidents may happen in a variety of ways and under a variety of conditions. This indicates that an accident might be more or less hazardous depending on the circumstances and drivers involved at the moment of the collision. A rear-end incident with a car moving at five miles per hour differs significantly from involving a motorist speeding down the highway.

MINOR AUTO ACCIDENTS

A rear-end collision occurs when one car collides with another from behind. Many drivers fail to brake in time at stop signs or traffic lights, resulting in a collision with the car in front of them. In certain circumstances, distracted drivers may be driving carelessly while gazing at their phones or other passengers in the car.

A broad range of car accidents that occur at low speeds are referred to as low-speed collisions. Typically, they occur in high-traffic regions and congested locations such as neighborhoods and parking lots. One stalled or idle car is involved in many low-speed crashes.

Single-car crashes might be small or major, although they usually turn out to be modest. They may be caused by hydroplaning or inattentive driving. Single-car accidents include anything from incidents caused by dodging animals to automobiles crashing into businesses.

SEVERE ACCIDENTS

Rear-end crashes that occur at high speeds may be very deadly. Many of them are even lethal. The majority of those who are involved in these collisions are unable to avoid them.

T-bone crashes occur when one car collides head-on with the side of another. T-bone car accidents occur at intersections and other junctions and nearly invariably imply a failure to yield by one of the parties. The majority of T-bone collisions are caused by a failure to stop or yield.

Single-car crashes, although common, may be fatal. The circumstances usually determine the severity of these car accidents. For example, if a motorist collides with a hard item or structure at high speeds, the results might be disastrous.

Regardless of how mild or serious an car accident is, it has the potential to have a significant influence on an individual’s health and well-being. Car accident severity classification aids specialists such as emergency responders and car accident lawyers gain a faster, better grasp of a situation, but it does not provide a complete picture.

Whiplash, for example, is a frequent ailment suffered by many minor car accident patients. While many of us know a violent back-and-forth neck movement often causes that whiplash, determine what constitutes a violent movement. Many people who are involved in small car accidents suffer from whiplash and are unaware of it.

Of course, this leads to problems. In the aftermath of an accident, generic neck soreness and stiffness might be readily dismissed. Some victims have symptoms that worsen over time; others may have profound tissue damage, fractured bones, or brain injury but dismiss their pain since their accident was mild.

This example emphasizes the significance of treating every accident as severe as possible, regardless of its severity. Even if the defense claims that a small accident could not have resulted in significant harm, a legal professional may assist you in fighting for your rights in court.

VICTIMS OF CAR ACCIDENTS: INJURIES AND CONSEQUENCES

Almost every car collision, no matter how serious, can result in injuries and repercussions for the persons involved. Injuries may vary from minor scrapes and bruises to life-threatening situations such as paralysis or amputation.

Insurance adjusters are known for trying to screw people over, even when the claims adjuster is from your own insurance company. Don’t let their intimidation stop you from making a personal injury claim.

CAR ACCIDENT INJURIES

Paralysis, severe brain injuries, and fractured bones in the neck or back are among the most serious injuries suffered by car accident victims. Following a car accident, injuries like these have the potential to make a person incapacitated for the rest of their life. In situations like these, it’s critical to get medical help as quickly as possible.

Many persons who are engaged in car accidents suffer chest and rib injuries. While not usually as visible as the injuries outlined above, they may pose a significant risk to sufferers. A car accident can crush the larynx and trachea, causing problems with breathing and other vital bodily functions. Others manage to avoid car accidents by suffering muscular strains or whiplash.

Even if the accident was mild, you might get injuries as a result of it. While scrapes, scratches, and bruises are not as frightening as other injuries, they may nonetheless make it difficult to work or go about everyday life. Some of these may even be life-threatening. If deep wounds aren’t treated right after an accident, they may be fatal.

Other victims may experience broken bones, tooth loss, and even extreme difficulty performing basic tasks. Each car accident is unique from the one before it, yet almost all of them have the potential to severely influence victims’ lives in the same manner.

CAR ACCIDENT INJURIES AND THEIR CONSEQUENCES

Car accidents that result in injuries often have further effects. If a person chooses to seek legal compensation for damages after a car accident, they may be entitled to compensation for the following:

Physical property damage, such as their car or valuables within it

Suffering or mental agony resulting from the car accident or injuries sustained during the car accident. Damages of this kind are notoriously difficult to measure and characterize. Pain and suffering damages are intended to compensate victims for the physical misery they experience due to their injuries. In contrast, mental anguish damages are intended to compensate victims for the emotional pain they experience due to their injuries.

In catastrophic car accidents diminished earning ability may also play a role. These compensations are given to victims who cannot work and earn the same amount of money as before the accident.

IN COLORADO, HOW IS FAULT DETERMINED IN CAR ACCIDENTS?

The state of Colorado is notable for having no-fault insurance in the form of medical payments coverage. Colorado is also a modified comparative fault state. Other states, referred to as tort states, have unique laws that assign blame to one or more parties in an accident. This helps determine who will be held responsible for expenditures such as medical bills. Some states even combine tort and no-fault rules.

The early laws in Colorado, on the other hand, are quite explicit about who pays for what damages. Because drivers must carry their insurance coverage to cover their damages and injuries, that policy is used to pay for car damage and medical costs.

If the person at blame for an accident is liable for paying damages, determining who is at fault is critical; however, determining who is at fault for an accident is less critical if the injured party’s insurance handles the reimbursement.

Residents of Colorado must have a minimum of $5,000 in medical payments coverage and $5,000 in property damage liability (PDL). If an at-fault motorist causes property damage, the Property Damage Liability policy may be used to compensate victims.

The Medical Payments Coverage policy is designed to protect us from our losses. If a person is hurt in a car accident, for example, they should claim on their Medical Payments policy to cover the cost of their medical expenses. The other insurance company doesn’t get to deduct this amount from the settlement.

IS IT STILL POSSIBLE TO SUE FOR INJURIES?

Car accident victims may still sue for catastrophic injuries in no-fault jurisdictions, but only if their case fulfills specific criteria. The tort liability threshold is the formal and legal term for these conditions. The limit is also known as a no-fault threshold by some in the business.

In the case of certain physical injuries, Colorado Statutes ss. 627.730-670.7405 provide plaintiffs to seek compensation for pain, suffering, mental anguish, and inconvenience. These injuries are limited to those that result in:

A significant and irreversible loss of a vital bodily function

Injury that is permanent within a reasonable medical likelihood

Disfigurement or scarring that is significant and lasting

Death

Those who are at blame for car accidents often try to avoid paying for the harm they cause. Many car accident lawyers rely on the law’s exact, purposeful phrasing as one of their defenses. The defense may argue that the plaintiff’s injuries aren’t permanent or cause severe and long-term loss of function.

WHAT CAN A CAR ACCIDENT LAWYER DO FOR YOU?

A car accident attorney should be towards the top of your list of specialists to call after securing your safety and those involved in an car accident. Certain parts of your case will need collaboration with your insurance provider, but a legal specialist can advise you on the best course of action.

Car accidents are included in the category of personal injury cases. The argument is simple: if you are injured in an car accident, such injuries are personal injuries inflicted by another party and should be handled as such. A car accident attorney with considerable expertise in personal injury and car accident lawsuits may be more important to your case than you realize.

Getting in touch with a legal practitioner who knows what it takes to seek compensation and optimize a plaintiff’s chances of collecting the money they deserve is a good idea. Working with a car accident attorney will enable you to assemble a team of dependable specialists who can support your case and provide court evidence of damages.

Attorneys may enlist the help of physicians or other experts to bolster your case—but such resources aren’t accessible to everyone.

The other driver’s insurance company is likely to assess the collision from the perspective of their insured. To demonstrate your guilt, they will conduct an investigation. Without overwhelming proof that their insured is lying about who struck whom, you may find yourself at an impasse over blame where you are both contributing nominally to the other party’s losses.

IF YOU NEED HELP, SPEAK WITH A PERSONAL INJURY LAWYER

When the other motorist claims that you struck them when you know it wasn’t the case, you need fast legal counsel. To ensure that you don’t endanger your legal rights, hiring a personal injury attorney is essential. Any legal difficulties that may arise may be handled by a lawyer with extra resources at their disposal.

You don’t have to commit when you schedule a free consultation. Discussing your case with a personal injury attorney is all that is required. When you’re ready to go ahead, you do so.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Free Consultation

NO FEE UNLESS WE WIN

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