Monthly Archives: November 2016

Vicarious Accident Liability in

Vicarious Accident Liability in the Joint Venture Doctrine

A Colorado Court of Appeals case (2015COA129) involved a unique situation for assigning auto accident liability based on a doctrine of a joint venture. The Plaintiff, American Family Mutual, charges that Go Courtesy Ford (GCF) should be liable for injuries in a car accident. Kristin Hart visited GCF’s dealership considering a vehicle purchase. Hart and a salesperson went for a test drive, and the salesperson rode as the passenger and directed her route. Suddenly, Hart negligently turned and collided with
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What is the Financial

What is the Financial Liability of a Negligent Motorist?

According to the Rocky Mountain Insurance Information Association (RMIIA) approximately 16% of Colorado motorists are operating their vehicles without the state mandated auto liability insurance coverage. In comparison, the national average is approximately 12% in the US. The state has continually heightened efforts to improve means of communication between auto insurance providers and the state authorities responsible for enforcement. State Legislative Declaration In C.R.S. 42-7-102 the general assembly addressed the “human suffering, loss of life, limb and property” brought about
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Accident Liability Under Colorado’s

Accident Liability Under Colorado’s Family Car Doctrine

Many parents may not be aware of a dusty law on Colorado’s books. Parents allowing their children to drive may be deemed liable for the results of their auto accidents. Variations of this law exist on a state-by-state basis. Traditional common law assigned parental liability based on who signed the child’s license application. Other states employ a “family purpose” law or will handle this issue under negligence by way of entrustment. Colorado’s statutes refer to this as the Family Car
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What are the Financial

What are the Financial Implications of Case Settlements?

Cases of personal injury or wrongful death seek to recover economic compensation for harmed plaintiffs. Three ways that these civil cases can be concluded include a settlement, a trial, or an appeal. A settlement can be viewed as a “pre-trial compromise” that is reached through negotiations. Agreeing to a settlement is common, as it avoids further formal litigation. If no compromise can be made, then the case enters the trial phase. If the Plaintiff wins the trial, a judge or
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What is the Comparative

What is the Comparative Fault Law in Colorado?

Of the types of tort, cases of negligence are the most common. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. Liability for harm that results from negligent actions or indifference can be brought in civil action against an individual, company, or responsible party in Colorado. Understanding Negligence Conduct defined as being negligent is clearly distinct from intentional tort. The negligent tortfeasor doesn’t have any direct intentions of creating harm
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