Colorado is an “at-fault” state, meaning anyone who causes a car accident, and their insurance company, is responsible for covering the costs of a victim’s injuries and property damage. However, this form of tort law is not without its complications, in particular when matters of personal injury law are involved.
As with any accident, determining which party acted negligently is the key to substantiating liability. Common sense may dictate that one person or another was to blame, but finding support for your argument is integral to a successful claim. Police reports and state traffic laws are two such ways to substantiate your claim.
If you are ever involved in a Denver car accident, always file a police report. Regardless of the specificity of the report, any reference to the other driver acting carelessly or disobeying traffic laws prior to the accident is good evidence that the driver caused the accident. The responding officer will also document any injuries on the report. The officer should let you know how to obtain a copy of the police report, or you can contact the traffic division of the police department.
Examining the state traffic laws is another place to turn for evidence to support your claim. Sometimes your local department of vehicles office may have an abridged version of them, called “The Rules of the Road.” Search the index for listings that might pertain to your accident. If you find anything pertinent, copy the exact wording and the statute number so you can refer to it precisely when the need arises.
“No-Doubt” Liability Accidents
There are certain types of car accidents in which one driver is held liable nearly all the time- rear-end collisions and left-turn collisions.
When someone is rear-ended, they are rarely ever held liable for the accident. One fundamental rule of the road dictates that a vehicle must be able to come to a stop safely when the traffic in front of them is stopped. If a driver is unable to do this, he or she is assumed to not be driving as safely as possible, and is therefore responsible for the accident.
Similarly, when someone is struck by a vehicle making a left turn, they are seldom at fault for the accident. Exceptions to this occur when the car going straight ran a red light or was greatly exceeding the speed limit.
It is important to remember that each accident has unique circumstances, and it is always a good idea to seek counsel from an experienced attorney if you have been injured in a car accident. While insurance companies know what they’re doing, filing and settling insurance claims can be a complex process for a layperson. A skilled Denver car accident attorney will fight for your rights and get you the settlement you deserve.
If you are the victim of a multi-car crash, contact Colorado personal injury attorney Robert Paysinger today. Robert can answer all of your questions and let you know what kind of compensation you may be entitled to under Colorado law. Our law firm offers FREE case consultations and can be reached at 303.279.0221.
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