Driving is an essential part of most people's lives. If you don't live in a city with efficient public transportation systems like New York, then you will likely find yourself getting in a vehicle in order to get to most places. It is an unfortunate fact that whenever you take to the roads, you run the risk of being in an accident. It would be ideal if everyone used caution and care while operating a motor vehicle on the roadways, but this is not the case. Careless and negligent drivers cause many accidents every year. As a result of these collisions, motorists are injured and sometimes even killed. In 2014, the Insurance Institute For Highway Safety estimated that more than 30,000 people lost their lives in motor vehicle crashes. While the cause of the crash varies, if a driver has been negligent, then that driver can be held responsible for the injuries and property damage that he or she caused.
If you or a loved one has been injured in a car accident in Colorado, an experienced and talented personal injury attorney can help you as you go through the insurance claims process and assist you with any legal action you choose to take.
Types Of Accidents
Nowadays there are a wide variety of motor vehicles that operate on the nation's roadways. From small economy vehicle to massive tractor trailers, there are many different types of vehicles that you may encounter when driving. As such, there are also a large number of different types of accidents that occur, including, but not limited to:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Cycling Accidents
- Motorcycle Accidents
- Bus Accidents
- Accidents While In A Taxi
- Ride Sharing Accidents (Lyft, Uber)
- Rollover Accidents
- Sideswipe Accidents
- Rear End Accidents
- T-Bone Accidents
- Accidents With Uninsured Motorists
- Parking Lot Accidents
- Minor Collisions And Fender Benders
- Hit And Run Accidents
- Emergency Vehicle Accidents
- ATV Accidents
- Multi-Vehicle Accidents
- Distracted Driver Accidents
- Accidents Due to Poor Road Quality
- Off Road Accidents
- Snowmobile Accidents
At the Law Office of Jeremy Rosenthal, we handle every type of vehicle accident claim. Whether you have been in a minor fender bender or lost a loved one because of a negligent driver, we can help you seek compensation for your injuries and losses. You can contact our office by filling out our online form here or call us at (303) 825-2223.
Every year accidents are caused by malfunctions or defects in the motor vehicle itself. You may have heard of, or even previously been a part of, a recall. This is a company's effort to correct the malfunction at issue and replace or repair the defective part. Once the car company is aware of the problem with the vehicle, it should send out notices to consumers who have purchased the particular vehicle models at issue to inform them of the problem and what steps to take next. The ways in which a vehicle may stop functioning properly vary widely and can include things like unintended acceleration or brake failure. In addition, a defect could arise in the seatbelts or the airbags, among other things.
If a company has failed to provide a safe and effective product, then that company may be held liable for the injuries that were caused because the vehicle was not working properly. For example, if a person got into an accident and he was thrown from his car because his seatbelt was defective, then that person may bring a lawsuit against the manufacturer of his car for any injuries he sustains, as well as filing a claim against the person who caused the accident.
The Auto Accident Claims Process
In the auto accident claims process there are many things to consider as your case moves forward. There are insurance companies to deal with, time limits to consider, and you need to be able to focus on your recovery.
Insurance And Insurance Companies
Insurance companies are often a big part of personal injury cases involving a motor vehicle accident. Right after the accident, the plaintiff often seeks initial assistance from their own insurance company to help pay for medical bills and the cost of repairing or replacing their car. Depending on the severity of the injuries and damage sustained in the accident, the plaintiff may then have to deal with the opposing party's insurance company and attempt to get fair compensation for the injuries and property damage that they sustained as a result of the opposing party's negligence.
A personal injury attorney can represent you at every step of the claims process. Having an attorney in your case can help to preserve your rights and make sure that the insurance companies treat you fairly. At the Law Offices of Jeremy Rosenthal, attorney Jeremy Rosenthal fights hard for his clients in negotiations with insurance companies. He will not settle a case unless it is in the client's best interest and he will not hesitate to take a case to trial if need be. To contact the office today, click here.
Statute of Limitations
One of the things that you need to be aware of when seeking to bring a personal injury claim is something called the statute of limitations. Under the law, you have a limited amount of time to file a lawsuit. The amount of time you have depends on what the legal issue is in your case. If you fail to bring your claim within the applicable time period, then you may be barred from bringing your case at all.
In personal injury cases, in Colorado, the statute of limitations for many personal injury cases is two years. C.R.S. 13-80-102 (2016). If the personal injury claim involves a motor vehicle accident, then the statute of limitations is three years. C.R.S. 13-80-101 (2016). There are things that can toll, or pause, the statute of limitations, so it is a good idea to consult with an attorney even if you believe your claim may be outside of the applicable time window.
Settlement vs. Trial
It may be surprising to learn that most civil cases do not go to trial. Most cases settle at some point during the litigation process. According to a 2008 New York Times article, between 80 and 92 percent of civil cases will be resolved by reaching a settlement agreement. Settlement negotiations can be conducted all throughout the litigation process - from the beginning of the case, through the discovery process, and even during trial. The advantage of settling a case is that the parties have complete control over the outcome of their case. When a case goes to trial, the decision is out of your hands, as the jury or judge will choose how your case will be resolved.
However, a trial may be the only way to resolve a case if the parties cannot reach a settlement agreement on their own. In Colorado, personal injury cases are heard in the state District Courts. The format that trials take is familiar to most people. After a jury has been selected, each party makes an opening statement. Then the plaintiff presents his or her case to the jury, putting on evidence that shows that the defendant is liable for the plaintiff's injuries. Once the plaintiff rests, it is then the defendant's turn to tell his or her side of the story. The defense will present evidence to the jury that tends to show how the defendant is not liable. Once the defense rests, the plaintiff can rebut evidence that the defendant presented, and the defense can rebut the plaintiff's rebuttal. Once both sides finish presenting their evidence, each side makes closing arguments. The judge then instructs the jury on the applicable law, and the jury retires to make a decision.
In civil cases, the burden of proof that the plaintiff must show is the preponderance of the evidence. This means that the plaintiff must prove their case by showing that the greater weight of the evidence is in their favor. This is the standard the jury will use during deliberations. After the jury has reached a decision, then they will return to the courtroom. The verdict will be read and the judgment entered.
Contact The Law Office Of Jeremy Rosenthal Today
If you or a loved one has been injured in a motor vehicle accident because of the negligence of another, it is a good idea to contact an attorney in order to determine if you have a case. Jeremy Rosenthal has been practicing law in Colorado for over a decade. His firm works exclusively with personal injury cases, including motor vehicle cases. Jeremy is a dedicated and hard-working attorney who believes that every client deserves just compensation for the injuries they have endured. Please do not hesitate to contact his office today for a free consultation. Let's discuss your case.