Colorado Traffic Accident LawyersLast updated on: July 8, 2022
Call (800) 863-5312 To Speak With Zinda Law Group’s Colorado Traffic accident lawyers Today
Many people attempt to follow the rules of the road while operating their vehicle or when crossing the street. It is important to do so because there is an obligation to pay attention to your surroundings and avoid putting yourself and others at risk. However, not everyone abides by traffic laws, and some otherwise excellent drivers can become distracted. . If you were injured in a traffic accident, it is important to consult with Colorado traffic accident lawyers as soon as possible to discuss a personal injury lawsuit.
Steps to Take Immediately After a traffic accident in Colorado
Following a traffic accident, you are probably wondering what to do next. There are several important steps to take after a traffic accident to get the proper assistance and support a potential legal claim:
1. Seek Medical Attention if Injured
First, you should evaluate your health after an accident. Injuries from a traffic accident can range from minor scrapes and aches to serious or life-threatening. If your injuries are severe, go to a medical facility as soon as possible. Even if you do not think that your injuries require immediate medical attention, visit a medical professional, and keep them updated on any new health developments. Many accidents result in ailments that linger for weeks and sometimes for months or longer. Getting your injuries addressed by a medical professional is the best way to begin your road to recovery.
2. Call the Police and Report Your Injuries
After seeking proper medical attention, the next step is to contact the police. Soon after a police officer arrives, they will likely ask you what happened. Be truthful, but make sure that you do not admit fault, as anything that you say could be used against you in legal proceedings. The police officer will likely ask you to fill out an accident report detailing important information regarding the traffic accident. The accident report will include preliminary information, including the parties involved, vehicle(s) involved, insurance information, and a summary of how the accident occurred. Additionally, request a copy of the official accident report that the police officer creates, as it will serve as an important piece of evidence for your personal injury claim.
3. Document the Evidence
You will need to gather additional evidence to strengthen your traffic accident claim. If you are able to, document what you observe following the accident. Information you should collect includes:
- The name and contact information of the other driver
- The driver’s personal insurance information
- Your injuries
- The weather and road conditions
- Obtain the names and contact details of any witnesses present on the scene, if applicable
Additionally, take pictures of the accident scene if you can. Taking pictures helps boost your claim’s credibility. Furthermore, keep a record of all the medical expenses incurred including any emergency care, surgeries, evaluations, and rehabilitation services. This will help your Colorado car accident attorney determine your case’s likelihood of success on its merits and potential monetary compensation.
4. File an Insurance Claim
Next, make sure to file a claim with your insurance company. Once you have filed, a claims adjuster will investigate your damages, including any personal injuries suffered and medical bills resulting from the traffic accident, and offer you an estimate that can be submitted to the responsible party. This estimate can be used as a negotiating tactic with the responsible party’s insurer over what they are liable to pay you for.
5. Speak with a Colorado Car Accident Lawyer
If you have questions about your injuries or about the events leading up to and surrounding your traffic accident, contact a Colorado personal injury attorney at Zinda Law Group. Wewant to hear your side of the story and review any relevant documents you have for your case. Plus, we can further investigate your case to uncover additional facts to help them determine what your claim may be worth.
Read More: When to Get an Attorney After a Car Accident
6. Settlement and Trial
After your attorney files a lawsuit against the responsible party or parties, they may
negotiate with the insurance company of the responsible party on your behalf to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, your lawyer will bring your case to trial and pursue maximum compensation in court.
Common Reasons For traffic accidents in Colorado
In Colorado, traffic accidents occur frequently and anywhere. However, there are a few typical causes for traffic accidents that everyone should be aware of. Common reasons for traffic accidents include:
While we expect other drivers to remain focused on the road, that is not always the case. Distracted drivers are one of the leading contributors to car accidents. This could be due to a variety of reasons including texting, operating a vehicle while intoxicated, or simply dozing off due to fatigue. Numerous types of accidents can happen because of distracted driving including running a red light, failing to stop at a stop sign or yield sign, not noticing that the vehicle in front of them has come to a complete halt, and not realizing that a pedestrian is in the middle of a crosswalk.
A traffic accident may not be the fault of the driver, but instead, caused by an issue with the driver’s car. If that is the case, your Colorado personal injury lawyer can consider pursuing a claim against the car’s manufacturer for failing to build a vehicle that works properly.
Read More: Product Liability Lawyers
Types of Injuries in a Colorado Traffic Accident
Traffic accidents can cause a multitude of injuries ranging in severity. Here are just a few of the more common examples of injuries sustained in traffic accidents:
As you can see, traffic accidents lead to a variety of injuries. At Zinda Law Group, your Colorado personal injury attorney will understand the severity of traffic accidents. That is why we will help you pursue maximum compensation for your injuries, pain, and suffering.
Potentially Responsible Parties
Usually, when a traffic accident occurs it is the driver who hit you that is responsible for your injuries. If the driver did not use reasonable care or was otherwise distracted while on the road, you are likely able to pursue a legal claim to recover for any injuries, medical fees, and lost wages incurred because of the accident.
The Driver’s Employer
If the driver of the vehicle that caused your injuries was working at the time of your accident, you may have a claim against the driver’s employer through vicarious liability. Under the vicarious liability doctrine, there are circumstances where an employer is liable for the actions of an employee. For example, if an employee is using a company car while in route to deliver food to a customer and causes an accident, the company can be held liable for the actions of the employee if the employee’s actions were within the scope of employment responsibilities.
Conversely, if the driver who caused the accident was employed by a rideshare company (e.g. Uber or Lyft) you will have a difficult time bringing a suit against the company as most rideshare companies classify their drivers as independent contractors. This is a popular move for rideshare companies because they can then shield themselves from vicarious liability claims. If you find yourself in this situation, consult with your Colorado car accident attorney and discuss your options.
The Local Government
Sometimes, the local municipality can be held responsible for your traffic accident injuries. If your traffic accident was due to a roadway defect, such as potholes or a poorly maintained street, you may have a valid claim against the local municipality that is responsible for maintaining the town’s streets and sidewalks.
Demanding Compensation After a Colorado traffic Accident
Under Colorado law, you can pursue damages for your injuries, including any medical expenses incurred through treatment, as well as for any long-lasting trauma. Furthermore, Colorado law grants a plaintiff the ability to pursue economic damages, noneconomic damages, or punitive damages.
Economic damages refer to compensation for monetary losses, such as out-of-pocket medical expenses (past and future), loss of earnings, rehabilitation expenses, personal care costs, and loss of future employment. These damages are the easiest to calculate as they have an obvious dollar amount.
Non-economic damages refer to compensation for non-monetary losses such as pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, and loss of companionship. Non-economic damages are harder to quantify than economic damages as they do not have an obvious dollar amount.
Unlike economic and non-economic damages, punitive damages punish the responsible party rather than make the victim “whole again.” You must meet a very high standard to obtain punitive damages. A court may award punitive damages in addition to economic damages in a situation where the responsible party acted in a willful and wanton manner. Furthermore, in the scenario where you do receive punitive damages, the total value of the punitive damages cannot exceed the total amount recovered for compensatory damages.
After a traffic accident in Colorado, you should consult with your Colorado car accident attorney to determine whether you should pursue punitive damages.
Because Colorado is a pure comparative negligence state, it is important to understand that if a court determines that you have any responsibility for your accident, your compensation will be reduced by the percentage you are found at fault. For example, if you sue a defendant homeowner for $10,000 and are found 25% at fault, you will receive $7,500 in damages instead of the full $10,000. Additionally, Colorado law states that if a court determines that a plaintiff is more than 50% at fault, the plaintiff is fully barred from recovering any compensation.
Read More: How to Calculate the Value of a Case.
Why Do I Need a Traffic Accident Attorney?
After a traffic accident, you may find yourself confused, bombarded by phone calls from insurance companies about potential lawsuits, and uncertain of how to proceed. Hiring a personal injury attorney can take a massive load off your shoulders as the attorney will examine the legal documents provided, investigate your accident, engage in negotiation discussions with the relevant parties, and advocate for you every step of the way.
Learn More: Why Hiring a Lawyer Will Help Your Case
How long do I have to file suit in Colorado?
The statute of limitations is the legal time limit an injured party must bring a claim for their injury or the injury of someone that the party represents. Every state has a statute of limitations. In Colorado, the state’s civil statute of limitations for a personal injury is three years from the date of the injury. That means that if your injured occurred on January 1, 2022, you have until January 1, 2025, to file a claim.
Contact Our Zinda Law Group Colorado traffic accident Lawyers Today
Traffic accidents are often sudden and traumatic, leaving you wondering how you can obtain proper compensation for the time, money, and effort that it will take to fully recover. Filing a personal injury claim for your traffic accident is a way to potentially recover medical costs, lost wages, pain & suffering, and more. The compensation you may receive from filing a personal injury claim could alleviate the financial burden you incur while recovering from your traffic accident. At Zinda Law Group, our traffic accident attorneys have the experience and legal knowledge to handle your claim.
If you or a loved one has been injured in a traffic accident in Colorado, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced Colorado car accident lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.