Denver Car Accident Attorney
Car accidents are among the leading causes of injury and death in the United States. In seconds, your life can be forever changed by a drunk, careless, or distracted driver. If you or a loved one have been a serious injury in a collision, the Law Firm of Jeremy Rosenthal can help.
A Denver car accident attorney from our firm will be here to help you navigate the procedures in the aftermath of a car accident and, ultimately, receive the compensation you deserve. We are proud of our commitment to personal injury law and have a 99% success rate in all of our cases. Call us today for a free consultation.
Colorado Car Accident Resources:
- Why choose our car accident lawyers?
- Denver Accident Statistics
- What is the statute of limitations in a Colorado car accident claim?
- What type of compensation can I receive for my injuries in a Denver car accident?
- How much does a Colorado car accident attorney charge?
- How do I request an accident report in CO?
- What are the most common causes of Colorado car accidents?
- What injuries are common in car accidents?
- What are the Colorado car insurance requirements?
- What is the Colorado comparative negligence law?
- What is the Colorado no-fault law?
Why Choose the Law Office of Jeremy Rosenthal for your Car Accident Claim?
From rear-end collisions to roll-overs, the Denver car accident lawyers at the Law Firm of Jeremy Rosenthal can handle your case. Car accident claims can be complicated and involve nuances that you may not be able to handle on your own. It’s the job of the insurance company to attempt to settle cases as quickly as possible, for the lowest amount of money they can negotiate. They represent the negligent driver – and your interests are not their concern.
Our Denver car accident attorneys at the Law Firm of Jeremy Rosenthal can guide you through each step of the process and can protect you against the strategies insurance companies employ to compel you to make a hasty decision and sign an agreement that is not in your best interests. We have the resources necessary to thoroughly collect and assess all evidence pertinent to your case, from the details of the accident to witness statements and the impact on your health, future, and finances.
Denver Motor Vehicle Crash Statistics
Denver is one of the largest (19th most populous city) and fastest growing cities in the United States. As a result, there are a significant amount of motor vehicle collisions each year. In fact, from 2016 through 2018, there were 76,678 vehicle collisions in Denver, resulting in 1673 serious injuries and 166 fatalities. Over 30,000 of these crashes were either at intersections or were considered intersection related.
In 2018 alone, there were nearly 10,000 such intersection collisions. Below is a map of the most dangerous intersections in Denver, based on crash volume and injury severity.
When looking at car accidents by neighborhood, Stapleton (with 1268 crashes) and Baker (with 1128 crashes) lead the way, followed by Five Points (with 834 crashes), Hampden South (with 829) and Capitol Hill (714) to round out the top five.
What this chart and corresponding data tell us is that a high volume of collisions occur all over the city of Denver.
Recovering Damages in a Denver Car Accident
Considering the profoundly negative impact auto accidents regularly have on those involved, it is important for victims to gain a solid understanding of the categories of compensation they may be able to obtain with the help of a knowledgeable Denver car accident attorney. Jeremy Rosenthal is prepared to help guide those harmed in car crashes through the process of assessing their damages and pursuing the financial recovery they need in order to reclaim their lives.
Sometimes referred to as compensatory damages, economic damages are awarded as a means to make injury victims financially whole following an accident that resulted in a monetary loss. There are several distinct types of economic damages a victim may be able to recover, with some of the most common being:
- medical expenses including past and current hospital and doctor bills, ambulance transportation, emergency room treatment, imaging studies, surgical procedures and hospital stays
- ongoing medical costs, which could include the anticipated expense of future treatments and therapies which are known with a high degree of certainty to be required going forward
- lost wages, which will require calculation of the work hours missed due to the accident event and the rate at which those hours would have been compensated
- reduction in future earning capacity, an amount which may be available to individuals who are able to establish that their ability to be gainfully employed following the accident has been limited or diminished to a specific degree
- loss of support for dependents in cases of a family member’s death, an amount designed to compensate those left behind for the fact that the financial support on which they necessarily relied will no longer available
Separate from economic losses is the category of non-economic or intangible loss. Accident victims are often able to recover significant compensation for damages of this sort, though it can be more difficult for these types of losses to be accurately valued for purposes of a monetary award. Common realms of non-economic loss stemming from auto accidents include:
- physical pain and suffering, which entails the agony and discomfort resulting directly from the accident event and the ensuing recovery process
- mental and emotional trauma, which encompasses the anxiety, grief, concern, embarrassment and other similar manifestations often suffered by those involved in auto accidents
- loss of consortium, which is related to the reduction of a spouse’s ability to enjoy the companionship, affection, sexual relationship or society of the other spouse following an accident
How Much Does a CO Car Accident Attorney Cost?
Hiring an accident lawyer may be the last thing on your mind after you pay for medical bills, property damage repairs, and deal with lost wages. However, it is an important step if you wish to obtain maximum compensation for your losses. Retaining a car accident attorney can help you get the information you need about your rights and legal options. Your attorney can negotiate a higher settlement with insurance companies, or take your claim to court for the best possible results.
With the right firm, you will not need to worry about the cost of the attorney. Many personal injury firms, including the Law Firm of Jeremy Rosenthal, operate on a contingency fee basis. Our clients only pay attorney’s fees if and when we win them financial compensation for their damages. If we do not win the case, we do not charge the client a dime for services rendered. If we do win, we deduct a pre-agreed upon percentage (usually around 33%) directly from your settlement or judgment award. That way, you never have to pay out of pocket for your Denver personal injury attorney. Discuss the cost of your services and the value of your case in more detail when you contact us.
Colorado Statute of Limitations for Car Accidents
In Colorado, lawmakers have passed Colorado Revised Statutes section 13-80-101 says that “All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle” must be “commenced within three years after the cause of action accrues.” This means that an injury claim arising from any kind of vehicle accident — whether by a driver, passenger, motorcycle rider, bicyclist, or pedestrian — must be filed within three years of the date of the accident. This time limit is known as the statute of limitations. If you exceed them, you may lose your ability to recover damages.
Contacting an experienced Denver car accident attorney is an important step in protecting your rights. The accident attorneys from the Law Firm of Jeremy Rosenthal know which tactics will prove successful in your car accident claim. We use our familiarity with Colorado law and previous personal injury cases to build the best strategy for your case. Contact us to schedule a free consultation today.
How to Request/Obtain an Accident Report in CO
Call the police to report a crash if it resulted in personal injuries, deaths, or disabled vehicles. If it involved a drunk driver or hit-and-run, the police should also come to the scene. The police will investigate and gather evidence to create an official report. You may then use this report as evidence against the at-fault driver during your car accident claim. Get your police report number and the officer’s name while still at the scene of the accident. Then, request a copy of your accident report.
It may take up to 90 days for the Colorado Department of Revenue to receive a crash report from police officers. At this point, you may fill out and submit a request to release your driver record. You will have to pay the required fee. You may access crash reports dating back seven years in the state of Colorado. You will need your crash case report number, the date of your crash, the name of the drivers involved, and the location of your accident to request a copy of your accident report. You should receive your copy within 10 working days.
Most Common Causes of Colorado Car Accidents
Though car accidents are incredibly common in the United States, they are also almost always preventable. Unfortunately, many accidents are the result of driver negligence. Some of the most common causes of car accidents are:
- Rear-end collisions. A rear-end collision occurs when a car crashes into another car that is in front of it. In general, it is considered that a driver who rear-ends another driver is responsible for the crash, as such accidents are often caused by driving too close behind another car or failing to notice the car has slowed or stopped.
- Side-impact collisions. A side-impact collision occurs when the front or rear of another vehicle hits the side of a second vehicle. This can also be referred to as a “T-bone” collision. These can result in especially serious injuries to those in the vehicle which is struck.
- Sideswipes. A sideswipe collision occurs when two cars traveling in parallel make contact with each other. The consequences of these accidents vary but can be very serious, as a vehicle can be pushed into oncoming traffic or rollover as a result of the impact. If the sideswipe causes a driver to lose control, the consequences may involve serious or fatal injuries.
- Rollovers. When a vehicle that has been struck flips over onto its roof, or side, this is known as a vehicle rollover. SUVs and other high centers of gravity vehicles are at higher risk of rolling over, but any vehicle can rollover under the right circumstances, leading to serious or permanent injuries.
- Head-on collisions. A head-on collision occurs when the front ends of two vehicles collide, or if a single vehicle runs into a fixed object such as a pole, a tree or a building. Serious injuries, frequently head or brain injuries can result from such events.
- Multi-vehicle collisions. Multi-vehicle collisions are most likely to occur on freeways or highways. Depending on the number of vehicles involved and the circumstances of the accident, a vehicle can be hit several times. Vehicles may be crumpled together, with a potential for fire, spreading from one vehicle to another. Complex multi-vehicle accidents require a thorough investigation to determine which driver (or drivers) were responsible.
What Injuries are Most Common in Car Accidents?
The exact consequences of any collision between vehicles can depend on a wide range of factors, from the speed the vehicles are traveling, and the crash-worthiness of the specific vehicles involved, to the protection provided by seat belts or airbags. It’s important to seek prompt medical treatment following an accident, both for your health and your potential lawsuit. Some of the most common injuries sustained in car accidents are:
- Neck Injury: If the neck is caused to shake suddenly forward or to the side, this can cause a sprain or strain, or possibly affect a disc in the neck. Such injuries can resolve as time passes, but they can also require long-term therapy or require surgery.
- Broken Bones: If you are driving 65 miles per hour and you collide with something, the force is equal to what you would experience if you drove off a 12-story building. Bone fractures are a common injury suffered in car accidents. These injuries can range from stress fractures to compound fractures, where the bone pierces the skin, and possibly leading to permanent impairment.
- Back Injuries: Too much force can create significant stress on your spine and back, and the consequences can be very serious, including paralysis, whether paraplegia or quadriplegia.
- Traumatic Brain Injuries: Your brain is a delicate organ. If the head strikes against a window or a steering wheel or is violently shaken in an impact it can lead to bleeding from torn blood vessels, or damage to the brain from the impact within the skull, requiring surgery, with an uncertain outcome. Brain injuries can lead to physical and cognitive impairments, coma, a vegetative state, or death.
CO Car Accident Laws
Colorado used to be a no-fault state. This meant drivers would look to their own insurance companies for compensation after a crash, no matter who was responsible. Today, however, the laws in Colorado have changed to embrace a tort-based system. Colorado’s current at-fault insurance laws hold the at-fault driver financially responsible for crash-related losses. The fault-based system means car accident victims must identify who caused the crash before filing their insurance claims. Then, the insurance company of the at-fault driver will provide financial benefits to cover damages.
What Are the Colorado Car Insurance Requirements?
Every driver in the state of Colorado must carry at least the minimum required amounts of auto insurance. Failure to do so can result in penalties and fines. In addition, all drivers must carry proof of insurance in the form of a digital or print card, available upon an officer’s request.
As outlined by the Colorado Department of Motor Vehicles, Colorado drivers are required to have insurance at the following levels:
- Bodily injury – $25,000 per person.
- Bodily injury – $50,000 per accident.
- Property damage – $15,000 per accident.
Colorado currently operates under a fault-based insurance system. The person at fault for the auto accident will be liable for victims’ damages. If someone causes a car accident, that person’s auto insurance policy should cover the damages up to the maximum amount available. If the auto insurance does not cover all the damages, the not-at-fault driver’s insurance company may cover remaining costs.
It is optional for drivers in Colorado to purchase additional insurance for their own damages after a collision. Purchasing just the minimum amounts will mean no reimbursement for the at-fault party’s losses. Paying for additional comprehensive, collision, personal liability, or uninsured/underinsured motorist insurance, however, can help a driver protect him or herself after an at-fault wreck. Failure to carry adequate car insurance in Colorado can result in fines of $500 to $1,000, and suspension of the driver’s license.
Colorado Comparative Negligence Laws
Colorado is a modified comparative negligence state. According to Colorado law (CRS 13-21-111), this means that if the party seeking damages is found have any degree of responsibility for the accident, the damages he or she receives will be reduced by that percent. However, if they are found to be 50 percent at fault or greater, they are not eligible to recover damages. This is why it is essential to have an experienced Denver car accident attorney on your side, to investigate your case and advocate on your behalf.
A person may be liable to you if he or she was negligent in causing an accident that injures you. People who act negligently generally don’t intend to cause a result like an injury to another person. Rather, their liability stems from careless or thoughtless conduct or a failure to act when a reasonable person would have acted. A driver has a duty to use reasonable care to avoid injuring anyone he or she meets on the road. If a driver fails to use reasonable care and as a result of that failure injures you, then the driver is liable to you for those injuries.
Colorado No-Fault Law
In Colorado, this right to recover your losses is limited in part by the no-fault law. That law prevents those with only minor injuries or with minor medical expenses from suing or recovering from the at-fault driver. The no-fault law requires that each automobile operated on the public streets and highways of Colorado be covered by insurance (or be self-insured). However, these expenses and losses paid by insurance generally cannot be recovered in a claim against the other driver, even if that other driver negligently caused such expenses or losses.
Frequently Asked Questions About Denver Car Accidents (FAQs)
There are many things to consider after you or a loved one has been injured because of the negligence of another. Below are some of the most frequently asked questions our Denver car accident lawyers have encountered from those who have been in an accident.
Should I Call The Police After An Accident?
After you have been in an accident, it is a good idea to call the police to come to the scene. The police will create an official accident report of the incident. This report will document what happened in the accident as well as the accident scene. Even if the accident is relatively minor, you may still want to call in law enforcement so as to protect your legal rights in any subsequent disputes over liability.
In addition, if you have been the victim of a crime such as a hit and run or if you were injured by a drunk driver, you will want to contact the police to report the incident.
Who Will Pay My Initial Medical Expenses?
Immediately following an accident, if you are injured, seek medical attention. It is important to see a doctor if you have injuries from the accident for two reasons. First, you need to make sure you get the medical treatment that you need. There is no need to make your injuries worse by delaying the treatment you need. Second, by seeing a doctor you are making sure to document the injuries you have sustained as a result of the accident.
If you have been in an accident, especially a serious one, you may be in the hospital and rehabilitation for quite some time. Initially, you are going to have to cover your medical expenses. You can do this either by using your own insurance, or if you don’t have insurance you will have to pay for the expense out of pocket.
Should I Talk To The Other Party’s Insurance Adjuster?
Insurance companies are looking to limit their liability and lower the amount of money that they are going to have to pay out to cover accident expenses. It is important to remember this when speaking to the opposing party’s insurance company, as the insurance adjuster is going to be looking out for the best interests of his or her employer. It is also important to keep this in mind because the insurance company may use any statements that you make against you. Remember, the other driver’s insurance company is going to be looking to limit its liability as much as it can so it will be watching for anything that you say or do that it can use to shift some of the blame for the accident or your injuries onto you.
For this reason, having an attorney right from the outset of the claims process is a good idea as your attorney will be looking out for your best interests and will fight to get you fair compensation from the insurance company and responsible party for your injuries.
When Can I Contact An Attorney?
You can contact an attorney immediately after you have been in an accident. An attorney can help you through the claims process, deal with the insurance companies, and represent you in court should you choose to file a lawsuit against the party responsible for your injuries. If you are hesitant to contact a lawyer because you are worried about the fees the attorney may charge, it is important to note that many personal injury attorneys, including Jeremy Rosenthal, work on a contingency basis in car accident cases. This means that you do not pay any attorney fees unless your case has a favorable outcome.
How Long Do I Have To File A Lawsuit Against The Person Responsible For My Injury?
If you are thinking about filing a lawsuit, one of the things that you will need to keep in mind is that you must bring your claim within a certain amount of time. The amount of time that you will have to file a lawsuit depends on the type of claim that you have. The time limit is called a statute of limitations.
For motor vehicle accidents, in Colorado, a person has three years to file a lawsuit against the responsible party. C.R.S. 13-80-101 (2016). For other personal injury claims, such as a slip and fall, the statute of limitations is just two years. C.R.S. 13-10-102 (2016). It is also important to note that there are things that can toll, or pause, the time limit set forth under the law. If you believe you have a claim, then you can still contact an attorney to discuss your case, even if you believe you may be outside of the applicable time frame.
Do I Have To File A Lawsuit?
The short answer is it will depend on the facts and circumstances of your case. A lawsuit need only be filed if you and the party responsible for your injuries cannot come to an agreement about any compensation you are seeking for your injuries. If you and the opposing party can reach an agreement that will satisfactorily cover your medical expenses, lost wages, property damage, and pain and suffering, then there may be no need to resort to using the civil court system.
One thing to keep in mind is that most lawsuits do not go all the way to trial. The vast majority of civil cases settle prior to going to trial. So while you may need to file a lawsuit to preserve the statute of limitations or because you and the opposing party weren’t able to come to an agreement outside of court, it doesn’t mean that you will necessarily be going to trial.
Are There Alternatives To Going To Court?
One way that the parties in a lawsuit can reach a settlement agreement without having to go through the time and expense of a trial is to go to mediation. Mediation is “[a] method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution.” Black’s Law Dictionary 1070 (9th ed. 2009). The parties can use mediation to resolve the entire case or to reach an agreement on particular issues so as to narrow the amount of things that need to be litigated at trial. In some states, mediation is mandatory prior to trial.
What If I Get Hit By A Driver Who Is From Out Of State?
If you have been injured in an accident by an out of state driver, then you may wonder if and where you can file suit against the person responsible for the accident. In order to be able to file suit against a person, the court that you are seeking to file in must have personal jurisdiction over the opposing party. Personal jurisdiction means, “[a] court’s power to bring a person into its adjudicative process.” Black’s Law Dictionary 930 (9th ed. 2009).
Essentially, personal jurisdiction is required because a person cannot be sued just anywhere. The court has to have some power over the person in order for it to enforce a judgment against him or her. The rules of jurisdiction can be quite complicated and an experienced attorney will be able to assist you and make sure you file you lawsuit in the appropriate court.
What Kind Of Compensation Can I Recover For My Injuries?
In a personal injury case, the damages that you recover through a settlement agreement or a jury verdict are designed to compensate you for your injuries and make you whole. There are three main categories of damages in injury cases: economic damages, noneconomic damages, and punitive damages.
The first two categories of damages are designed to compensate you for losses related to the accident and the injuries you have suffered. Economic damages typically include things like past and future medical bills and past and future lost wages. Noneconomic damages typically include things like pain and suffering and loss of consortium. The last category of damages is punitive damages. Unlike economic or noneconomic damages, punitive damages are meant to punish the defendant for past bad behavior and deter any similar future actions.
Free Consultation with a Denver Car Accident Lawyer
If you’ve been seriously injured in a Colorado car accident, call an experienced Denver accident attorney from the Law Firm of Jeremy Rosenthal as soon as possible, and trust us to build the best case possible for you, with your best interests in mind.
The Law Firm of Jeremy Rosenthal College Scholarship
Encouraging and supporting the educational advancement of students in our community is an important mission of our firm. The rising costs of education create a hardship for some who would like to further their education, but simply can’t acquire the necessary funds. We are proud to offer a $1,000 scholarship each year to help meet the tuition expenses of students entering or attending college or trade school, who have a record of academic achievement. The details of our scholarship program are outlined below.
To be eligible, you must:
- Be a U.S. citizen.
- Submit proof of acceptance to or enrollment at an accredited post-secondary educational institute, such as a college, university, or trade school.
- Have a cumulative GPA of 3.0 or higher and submit proof through an official transcript, if currently enrolled in an institute of post-secondary education.
- Have a cumulative high school GPA of 3.0 or higher and submit proof through an official high school transcript, if you have not yet started your first semester of post-secondary school.
- Submit an essay, pursuant to the detailed outlined below, by midnight Pacific Time on November 1st.
- Submit an essay of at least 750 words, but no more than 1,000 words, in MS Word, Adobe PDF, or Plain Text format on the following topic: What unique qualities and perspective will you bring to your chosen profession that will cause you to stand out from the crowd?
- Submit your essay, name, and phone number by email to [email protected] by December 31st at midnight Pacific Time.
- Email us a copy of your most recent college transcript or high school transcript, if you have not yet matriculated into your college or trade school.
- Email proof of enrollment or acceptance to your college or trade school.
Terms of Scholarship:
- Incomplete applications will not be considered.
- Scholarship funds may only be used for tuition and related expenses, and a check will be made payable directly to the winner’s educational institute.
- Former scholarship recipients through this program may not reapply.
- Essays will be assessed based on content, creativity, grammar, and punctuation.
For questions please contact us.