In 2003, Colorado became an at-fault insurance state. This changed the way car accident liability is determined. Now, a person who causes a car accident is held responsible and must pay for any property damage and for personal injuries that they have caused. However, the new laws make assessing blame in the realm of personal injury a little more complex.
An at-fault motorist must be identified and fault must be proven. However, reaching that point is not always easy. For example, when an at-fault driver is also injured due to the negligence of another driver. Or when the weather is a contributing factor. Any driver who has ever attempted to navigate the steeply-graded mountain passes of Colorado understands the effect the weather can have on driving.
Additionally, Colorado adheres to a statute of modified comparative negligence in determining whether a claimant or plaintiff may recover damages and in what amount. Motorists determined to be 50 percent or more at fault are not eligible to receive damages, just as those who are less than 50 percent at fault will see their compensation diminished by their percentage of fault.
For example: an injured driver suffered $50,000 in damages. But because he was speeding, he was determined to be 30% at fault for the accident. By law, he would only be eligible to recover $35,000 or 30% of the $50,000 in damages.
If both drivers involved received some kind of citation, determining liability and recoverable damages is even more complex. Regardless of whether one of the involved motorists received a citation or not, there are many factors to consider when determining liability.
An experienced Denver car accident attorney can clearly establish who is to blame for the accident and fight to secure your compensation. Denver attorney Robert Paysinger can help you navigate liability after a car accident in Denver, and has the experience needed to fight for you. Call today for a free consultation and review of your case. Your rights to compensation could be jeopardized if you delay. Call now!
Establishing Fault isn’t Easy
The police report for the accident can furnish additional information that will help determine liability. In addition to the police report, other information can be useful in piecing together the accident and assigning the proportion of blame-if any- to each driver, such as:
- Pictures of the accident scene
- Statements provided by eye witnesses
- Skid marks
- Damage to the vehicles
- Other property damage
In almost every type of accident, it is important to determine who is responsible. And, even though it may be obvious to most everyone involved, just saying who’s at fault will not be sufficient to secure a settlement. An experienced car accident attorney can provide a deep understanding of the myriad of laws regarding negligence and auto accidents. He or she will be able to use the evidence to prove the other driver’s liability and secure the compensation you deserve.
Contact a Denver Car Accident Attorney
Denver car accident attorney Robert Paysinger has been helping injured car accident victims in Denver for years. He has the experience and resources needed to tackle even the most complicated car accident case and he is not afraid to go after large insurance companies. If you or someone you love has been injured in a Denver Car Accident, call Denver attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221.
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