Car accidents occur every day from various causes. When one driver causes an accident and injures another driver, the victim has the right to seek accountability for their damages. However, determining fault can be challenging as liability for an accident isn’t always immediately clear. It’s possible for more than one party to bear liability for your recent accident, and it is vital to resolve any questions regarding fault before you can secure any compensation for your losses.
If you are wondering who you should sue following a car accident, you need to first prove the exact cause of the accident. If a specific driver caused the crash, they are liable for the damages they inflicted. An experienced attorney can assist you in gathering the evidence you will need to prove liability for your recent accident, and their representation will be invaluable for the insurance claim filing process and a subsequent personal injury suit against the at-fault driver.
How to Prove Liability for a Car Accident
Car accidents typically occur from acts of negligence, or failure to exercise reasonable care. Distracted driving, speeding, moving violations, and failure to navigate traffic correctly are just a few examples of negligence behind the wheel that may result in serious accidents. Alternatively, it is also possible for illegal misconduct to cause a crash, such as driving under the influence (DUI) of alcohol or drugs.
Proving fault generally requires a combination of different types of evidence. You may need digital evidence like vehicle computer data, cell phone records, and traffic camera footage. If anyone saw the accident happen firsthand, their witness testimony could be invaluable to your case. One issue you must be prepared to address in proving fault is any claims of comparative fault from the other driver.
Colorado upholds the modified comparative negligence rule. This comes into play whenever a plaintiff is found to share fault with a defendant for the damages cited in their civil claim. Under the modified comparative fault rule, the plaintiff can still recover their losses as long as they are less than 50% at fault for the damages. If they are over 50% at fault, they cannot seek compensation from the defendant. If their fault percentage is lower than 50%, this percentage is taken from their case award as a penalty.
Ultimately, any car accident can raise difficult questions of liability, many of which the average person will be unable to answer on their own. If you believe another party is liable for your recent accident, it is crucial to consult trustworthy legal counsel if you want to hold them appropriately accountable for the losses they have inflicted.
Q: How Much Compensation Can I Recover for a Car Accident?
A: State law allows you to seek accountability for any damages you suffered in your recent car accident. You can claim both economic and non-economic damages from the at-fault driver, the former being easier to prove. Economic damages in a car accident case usually include property damage, medical expenses, and lost income. You also have the right to claim compensation for your pain and suffering, but state law limits how much you can claim.
Q: How Much Time Is There for Me to Start a Claim for My Personal Injury After a Crash?
A: There is a two-year time limit for personal injury claims in Colorado. You need to file your case within this two-year statute of limitations, or you lose the right to claim compensation from the at-fault driver. You have an even shorter time limit for an insurance claim, and this is usually the first step toward recovery after a car accident. Once you deal with the immediate aftermath of your car accident, it is crucial to speak with a car accident attorney as soon as possible to ensure you meet applicable deadlines in your recovery efforts.
Q: Does the State Follow the No-Fault Rule for Accidents?
A: No, it upholds the fault system for resolving motor vehicle accidents. This means that proving fault will be an essential first step in recovering compensation for damages you suffered in a recent accident. An experienced attorney can help prove fault by gathering physical evidence, digital records, and witness testimony to help prove the exact cause of your accident. Proving fault is essential for both an insurance claim and a personal injury case following a car accident.
Q: How Long Does It Take to Resolve a Car Accident Case?
A: If the fault for your recent accident is perfectly clear and you have an experienced attorney representing you, it may only take a few weeks for you to recover compensation for your damages from the at-fault driver. However, there is always a chance for unexpected complications to arise in your recovery efforts. Liability may be contested, the at-fault driver’s insurance company could dispute your claim, or the defendant may deny liability and refuse to settle the case. Your attorney can provide an estimate of the most likely timetable for your recovery efforts.
Q: Do I Need to Hire a Lawyer After a Car Accident?
A: Technically, no, you have the right to try to manage your recovery efforts on your own, but you are unlikely to achieve the same level of results an experienced attorney could secure on your behalf. When you have an attorney represent you, they can handle the procedural aspects of your case so you can focus on your recovery and personal obligations. You are more likely to maximize your insurance claim settlement and succeed with a subsequent personal injury claim when you have trustworthy legal counsel.
The Law Firm of Jeremy Rosenthal has successfully represented many car accident victims, and we know the challenges you will probably face in your impending claim. If you believe you have proper grounds for legal recourse against another party in response to your recent accident, we can guide you through the difficult proceedings ahead of you. Contact us today and schedule a free consultation with our team to learn more about our firm and how we can empower your recovery efforts after a car accident.