Colorado Springs Car Accident Attorney
Though you likely do everything you can to avoid getting into an accident, the reality is that the situation isn’t always under your control. Other drivers on the road can act irresponsibly, leaving you to deal with the aftermath of a crash. A Colorado Springs car accident lawyer can help you do so.
No matter the situation, it’s important to know how serious a car accident can be. The insurance deductibles and damage fees can quickly add up. Without proper support, you could be left with a financial situation that your family can’t afford. Unfortunately, this happens to hundreds of people every year.
Being prepared for a car accident can help minimize the blow if one should happen to you. You should have a plan in place so you can take action right away and maximize your potential for compensation.
Experienced Colorado Springs Car Accident Lawyers: Free Consultation
When it comes to Colorado Springs car accident attorneys, no firm can better help you than the Law Firm of Jeremy Rosenthal. For over a decade, we have been advocating for victims of car accidents to make sure that they are not held unfairly responsible for an accident they did not cause. The insurance system leaves many individuals and families without options and in debt for situations that were out of their control.
Because we focus solely on personal injury law, we are able to provide you with more accurate and specific legal services. Unlike many of our competitors, we stay within one area of law to provide our clients with high-quality legal representation.
What Is a Car Accident Case?
Though most people have an idea of what a car accident is, few people understand what happens in the aftermath of one. There are a lot of things that occur pretty quickly, all of which determine whether you will be financially compensated.
Car accident cases aim to ensure that the insurance company pays you what you deserve, and any outstanding costs are paid for by the guilty party. In some situations, a personal injury claim is appropriate, while in other situations, it is not.
Why Do I Need a Car Accident Attorney in Colorado Springs, CO?
Car accident lawyers benefit you in myriad ways. Our first task is to ensure that we build a strong case against the person who hurt you. This way, their insurance company will have a more difficult time making a case that their client didn’t cause the pain.
Trying to build this case yourself is extremely difficult without the proper training. Many attorneys who don’t work in this field have difficulty doing it. Many people who try to represent themselves end up with a settlement that is far less than they deserve or no settlement at all.
It’s also important to note that you will be healing from your injuries while your case is going on. Building and arguing your own case results in unnecessary stress that only stands to impede your progress. You don’t want to put your future health in jeopardy just to avoid paying an attorney’s fees.
There is a lot on the line in these cases. If you don’t get the support you need and deserve, you will have to pay your own medical bills, repair bills, and live without any wages you lost because of the accident. This is a severe financial blow for many families, and some never financially recover after an accident.
When you hire an attorney, you provide yourself with space to properly heal, a more airtight case, and a higher chance at keeping your family afloat despite the tragedy you’re enduring.
Insurance Companies After a Car Accident in Colorado Springs
One of the first things that many people do after a car accident is file a claim with their insurance company. Though this makes sense, it doesn’t always provide the support that is required.
Insurance companies are only concerned with their own financial standing and bottom line. Though they claim otherwise, they do not care at all about the people they claim to serve. They will do everything in their power to avoid paying, including:
- Coercing you into admitting fault, even if you are not guilty.
- Trying to get you to make a statement so any developing injuries won’t be covered.
- Having you followed to make sure your activity matches your injuries.
- Harassing you and calling you incessantly to imply that you need to make a statement when you do not.
Many people are shocked to learn this, as there is a common belief that insurance companies help people. When you hire a car accident attorney, the Law Firm of Jeremy Rosenthal will handle the insurance companies on your behalf. We know their tactics and can give a statement without jeopardizing your potential settlement.
Colorado: An At-Fault State
Colorado is an at-fault state for car accidents, meaning that the guilty party’s insurance company pays for all the damage to both parties. This is in contrast to a no-fault state, where each driver turns to their own insurance company to pay their bills.
In order for settlements to be distributed in an at-fault state, fault must be determined. Insurance companies will go back and forth for days, weeks, or even months to try to avoid paying for the settlement. This leaves the victims without compensation for a long time.
When you have an attorney, we can help argue fault and demonstrate that the other person’s insurance should have to pay. This can move the process along and make things easier for you.
Personal Injury Claims Following a Car Accident in Colorado Springs, CO
Though the insurance money should cover several things, it’s essential to know that you have the right to press charges under the umbrella of personal injury. This area of law helps to provide compensation for those who have been hurt by another person’s negligence. This applies to some, but not all, car accidents.
For example, if the other driver was texting and driving at the time of the accident, you’ll likely be able to argue negligence and achieve a settlement. However, if everyone was following the rules of the road and a patch of ice caused the incident, personal injury law likely won’t apply.
Personal injury settlements are more robust than most insurance compensation. Through this area of law, you can fight for:
- Compensation for past, current, and future medical bills related to the accident.
- Compensation for any wages you lost while out of work for recovery.
- Diminished earning potential if you are unable to work in your industry in the long term.
- Wrongful death if your loved one perished in the accident.
- Pain and suffering.
Personal injury law gives you the complete support you need in order to fully recover from the incident.
Minimum Insurance Requirements in Colorado Springs
Colorado requires drivers in the state to carry liability insurance that covers bodily injury and property damage for others in the case of an accident. If the driver who caused your accident lacked sufficient insurance coverage, you could file a claim with your own insurance company. The minimum coverage that’s required by the state is for three different kinds of coverage:
- $25,000 – This is the minimum coverage for bodily injury or death of one person in a single accident.
- $50,000 This is the minimum coverage for bodily injury or death of all persons in a single accident.
- $15,000 This is the minimum coverage for property damage in a single accident.
Types of Car Accidents
Car accidents don’t always involve a direct collision with other cars. Sometimes, an issue with the road causes a one-car accident. Sometimes, another car may not collide, but it can cause a driver to swerve into an accident. There’s really no one way for a car accident to occur. Sometimes, the damage is minimal, and there aren’t any injuries of note for those involved. In other cases, vehicles may be totaled, severe injuries sustained, and possibly even lives lost.
However, no matter what kind of accident you’ve been involved in, it’s important that you speak with a car accident lawyer in Colorado Springs about seeking compensation for your costs. Some of the more common forms of car accidents include:
- Rear-end collisions. The accidents occur when one vehicle collides with the back of the vehicle in front of them. While these accidents are usually referred to as “fender-benders,” that gentler-sounding name can sometimes obscure the reality that these accidents can often be rather violent and cause injuries, such as neck and back injuries, for the drivers in the front vehicle.
These types of accidents are often the result of a driver not paying attention, being inebriated, or not leaving enough space between them and the vehicle in front of them. - Head-on collisions. Some of the most devastating accidents occur in head-on collisions, usually when one car crosses into oncoming traffic. Those inside the vehicles will often suffer severe whiplash as the force of the two cars increases the impact of the crash. These accidents are often the result of not paying attention to the road or being unable to do so because of drugs or alcohol.
- Side-impact collisions. These accidents, also called T-bone collisions, generally occur at intersections and can often be particularly dangerous when a door with a passenger behind it is impacted. These accidents typically result from a failure to stop at a light or stop sign, failure to yield, or a dangerous turn attempt.
- Hit-and-run accidents. When a driver impacts another vehicle and flees, this is a violation of the law, and they can be punished severely.
- Rollovers. There are times when a vehicle, because of its speed, angle of a collision, or top-heavy nature, rolls over. This can have devastating effects on the occupants of the vehicle.
- Motorcycle accidents. Because of the exposure of those riding on a motorcycle, an impact with another vehicle can lead to serious injuries and death. Motorcycles are more difficult for drivers to see because of their small size, causing them to be more vulnerable to accidents.
- Truck accidents. Trucks are much larger and heavier than almost every other vehicle on the road, so what may appear to be minimal contact can have a substantial impact on other vehicles. Liability can be more complex in
- Rideshare accidents. As ridesharing has spiked in popularity, so have accidents that involve rideshare drivers and companies.
- Pedestrian accidents. There is a particular risk of pedestrian accidents in places where there is more pedestrian activity, such as downtown or in neighborhoods.
Potential Causes of Car Accidents in Colorado Springs
Car accidents can be caused by a variety of potential issues. Most of the time, drivers are responsible; however, other causes aren’t necessarily the fault or responsibility of any of the drivers involved. Some of the most common causes of a car accident include:
- Violations of traffic laws. Many accidents are the result of a driver not following the traffic laws that govern the roads. Violations like speeding, failure to yield, failure to stop at a stop sign or red light, and others all lead to accidents, in part because other drivers expect these rules to be followed and drive accordingly.
- Reckless driving. Reckless driving could lead not only to a collision involving the reckless driver but also to an accident not involving them as other drivers attempt to avoid their vehicle.
- Distracted driving. Driving distracted has become a more common problem as drivers pay attention to their smartphones instead of what’s happening on the road.
- Intoxicated driving. Driving intoxicated can lead to vision issues, slower reaction times, and diminished judgment, all of which could lead to a greater likelihood of an accident.
- Employer policies. Company policies around unreasonable delivery times can lead those who are driving commercially, such as delivery drivers, to feel pressured to drive in a riskier manner, which increases the likelihood of an accident.
- Road maintenance failures. Some accidents are caused by an issue with roads, traffic lights, or signs that the government has failed to properly maintain.
- Parts malfunction. There are times when a defective part, malfunctioning part, or improperly installed part could lead to a driver having difficulty controlling their vehicle and causing an accident.
Common Car Accident Injuries
Car accidents can cause a wide array of potential injuries, depending on the severity of the crash. It’s critical that anyone involved in an accident seek medical attention promptly, even if they don’t recognize any injuries immediately. Sometimes, shock can conceal the true nature of the injuries. Some of the injuries car accidents could cause include:
- Cuts and bruises. A car accident involves both brute force impacts, which can lead to bruises in tissue, and shrapnel from damage to the vehicles involved, which can lead to cuts, particularly from metal and glass.
- Soft tissue injuries. A car accident can cause someone to be suddenly twisted into unfamiliar positions, which can lead to soft-tissue injuries such as strains and sprains.
- Fractures. Broken bones are a common outcome of more severe accidents.
- Head injuries. There is little head protection in a car and impacts to your head can cause traumatic brain injuries.
- Spinal cord injuries. The human spinal cord is crucial for proper bodily function but is also a sensitive part of the body that can be damaged by the impact of an accident.
- Whiplash. Depending on the severity of the whiplash, victims of a car accident could experience a mildly sore neck or back, or they could potentially have a fractured neck.
- Death. Unfortunately, some severe accidents result in a loss of life. When this happens, the survivors may have grounds for a wrongful death claim.
How Liability Is Proven in a Car Accident
To receive compensation in court, your Colorado Springs car accident lawyer will need to prove that the defendant is liable for the costs of your injuries. Doing so will typically involve proving the elements of negligence. This is usually done with relevant evidence from the scene of the accident and beyond, if necessary.
Lawyers often rely on evidence such as police reports, photos and videos from the scene of the accident, witness testimony, and doctor’s notes to prove liability. Liability is typically demonstrated by proving three components of negligence regarding the defendant.
A Duty of Care
Someone owes a duty of care to those around them when their actions could have the effect of increasing the risks and dangers that others face. A duty of care is a responsibility to take reasonable precautions to try to mitigate those dangers and diminish their potential impact. For those driving vehicles, there is a clear duty to behave with reasonable caution, given the inherent level of risk involved.
A Breach of Duty
When someone commits a breach of their duty, they fail to meet their duty of care. In other words, they fail to show the reasonable caution that was required of them in that given circumstance. Demonstrating a breach of duty may often require proving what the defendant’s behaviors and actions were in the circumstances surrounding the accident.
Once their behavior is established, your lawyer will need to be able to describe how the actions constituted a breach, which is commonly done by contrasting the defendant’s actions with what they could have been reasonably expected to do.
Causation
Lastly, the breach must be demonstrated to be the cause of the injuries you suffered. Because the injuries in question were suffered in a car accident, this often means first showing how the breach caused the accident. Not every breach a driver makes results in an accident, and even when an accident occurs, their breach may not be the cause.
For instance, if you were rear-ended at a stop light but had a malfunctioning headlight, which would be considered a breach, it would not have been the cause of someone hitting you from behind.
Describing how a breach caused an accident can sometimes be a complex process that involves recreating the scene of the accident for the court. It could even require the assistance of an expert witness who studies car accidents and their causes professionally. It must be clear to the court that without the breach occurring, that accident likely wouldn’t have either.
The connection to the breach needs to continue all the way through to the injuries that you suffered. Given that some plaintiffs attempt to exaggerate their injuries or claim unrelated injuries as being caused by an accident, there is a burden of proof to show how the accident caused the injuries. Medical notes can often play a vital role in this process, so it’s important that you are examined soon after your accident.
What to Do After a Colorado Springs Car Accident
In both the immediate aftermath of a car accident and as time goes on, you can take steps that can be helpful in protecting your opportunity to collect damages. To receive compensation for your injuries is more likely if there is a thorough accounting of those injuries by medical professionals.
You should be sure to communicate with the paramedics at the scene of the accident if they are called. While you may believe that you don’t have any injuries, it’s possible that you may be injured but be unaware because of the shock of the accident.
Even if the paramedics do clear you, you should also contact your doctor for a full medical examination. It’s possible that you may have suffered less traumatic injuries that went unnoticed at the scene, or you may have started to recognize them as the shock and adrenaline wore off.
If your injuries don’t require a trip to the hospital, you may want to document the scene of the accident. In particular, pictures and videos of the vehicles, damage, injuries, skid marks, road conditions, signs, and anything else that’s relevant may be helpful in proving your case in court. Additionally, you should try to obtain any contact information from others who were involved or any eyewitnesses who saw what occurred.
Documentation is a process that you should continue throughout the aftermath of the accident. For instance, your lawyer will need some way to prove the costs for which you’re seeking restitution.
Having a thorough record of your medical bills, the costs to repair or replace a vehicle, the wages you missed by not being able to work, and anything else that shows your costs could all be useful. Generally, the more that you keep a record of, the better. Your lawyer can always sort through what they won’t need, but it’s better to have too much than too little.
Finally, you should contact a Colorado Springs car accident lawyer as soon as you can. At the Law Firm of Jeremy Rosenthal, our experienced attorney can investigate your accident and help you with the next steps involved in filing a claim.
In particular, we can help you communicate with any insurance companies that are involved. They may be looking for anything they can use against you as an example of you accepting blame for the accident, and we can protect you from saying something you might later regret.
FAQs About Colorado Springs Car Accidents
Is It Worth Getting an Accident Lawyer?
If you try to navigate your accident without legal help, you’re likely to get a small settlement, if you’re able to get one at all. With legal help, you can be sure that you receive proper compensation from the insurance company, and you will have inside information about any personal injury complaints you may be able to file. There’s a lot on the line in these cases, so an attorney is well worth it.
When Should You Call a Lawyer After an Accident?
It’s best to call your attorney as soon as you can after an accident. If you’ve collected everything you need from the scene and are able to call from there, that is best. However, medical attention is a top priority, so be sure that you are safe before giving us a call. Ultimately, it’s best to contact us as soon as it’s safe for you to do so.
Is It Worth Suing After a Car Accident?
In some situations, it is worth pressing charges following an accident. However, this depends on the nature of your accident and the severity. If you are facing a significant amount of financial vulnerability because of the accident, filing a personal injury claim may be the right course of action. Your attorney will be able to guide you in this arena.
How Long After an Accident Can You Sue in Colorado?
In Colorado, you have up to three years from the date of the accident to sue. However, the longer you wait, the more difficult it becomes. You must still prove that your injuries are directly related to the accident. When you wait a long time, your opposition can argue that you sustained the injury somewhere else.
Contact a Colorado Springs Car Accident Lawyer for a Free Consultation
If you’ve suffered in a car accident, it’s important to know that you have options. Our team at the Law Firm of Jeremy Rosenthal is here to help you navigate the complex post-collision process and give you the best chance of receiving the compensation that you deserve. During our many years in the industry, we’ve been able to help hundreds of families heal from tragedies, and we’d be honored to help yours.
For more information or to schedule a consultation with us, please contact us online today.