Denver Car Accident Lawyers
Car Accidents in Colorado
If you or someone you love was recently involved in a car accident, you are likely facing a number of significant challenges. From finding a doctor and receiving medical care to managing unexpected expenses associated with the crash, navigating the aftermath of an automobile accident can be extremely difficult for victims and their families.
At Mike Slocumb Law Firm, we want to help you get back on your feet. Our Denver car accident lawyers are here to protect your rights and fight back against the insurance company’s efforts to dispute, devalue, or deny your claim. If you were injured due to the negligence of another motorist or some other third party, you shouldn’t have to face the resulting physical, emotional, and financial consequences on your own. Instead, let our team advocate for your full, fair recovery.
Learn how our team can help you with your car accident injury claim; call (303) 622-5073 or contact us online for a free, no-obligation consultation.
Is Colorado a No-Fault State for Car Accidents?
Colorado is not a no-fault state for car accidents. In no-fault states, you do not have to prove that someone else was at fault for the accident in order to file an insurance claim. Instead, you can simply file a claim with your auto insurance provider and receive compensation for certain covered losses, regardless of fault.
However, because Colorado follows a fault-based system, you will need to prove the following:
- Another person or party owed you a “duty of care,” meaning they had a legal responsibility to prevent foreseeable injury. With motorists, the duty of care is implied, meaning all motorists are assumed to have a duty of care to others on the road.
- The other person or party failed to uphold, or “breached,” the duty of care. Most often, this means that they acted negligently or wrongfully in some way, such as by violating traffic laws, driving distracted, or otherwise being careless or reckless behind the wheel.
- You were injured, and your injuries led to measurable economic and/or non-economic damages. Even if another motorist negligently caused an accident, you do not have a case if you were not injured and cannot prove your damages.
- The other person or party’s breach of the duty of care (i.e., negligent or wrongful conduct) was the direct or proximate cause of your injuries and damages. In other words, you must prove that you would not have been injured had the defendant upheld the duty of care.
Additionally, under Colorado’s modified comparative negligence rule, you must prove that you were less than 50% at fault for the accident to file a claim. If you were 50% or more to blame, you cannot seek compensation for your damages. If you were partly at fault but less than 50% to blame, you can still recover damages, but your total recovery will be reduced by your percentage of fault.
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Unlike most other states, Colorado has a statute of limitations specific to car accident claims. After any type of motor vehicle accident in Colorado, you have three years to file a lawsuit. This differs from the standard two-year statute of limitations on most Colorado personal injury claims.
The three-year filing deadline applies to nearly all claims arising from motor vehicle accidents, including those involving bodily injury, property damage, or both. This same deadline applies to auto accidents involving large commercial trucks, motorcycles, bicycles, and pedestrians. However, it does not apply in cases involving wrongful death. When someone dies as a result of a motor vehicle accident, eligible surviving family members have two years from the date of death to file a claim in court.
If you have been involved in a car accident in Denver or anywhere in Colorado, there are several things you should do to protect yourself, your rights, and your future recovery.
If possible, take the following steps immediately after and in the days and weeks following the accident:
- If you or anyone else is injured, call 911 and have paramedics and/or the police come out to the scene of the accident.
- File a police report with the responding officer or separately if police do not come to the scene. You must report any accident resulting in injury, death, or property damage.
- Get the name, contact information, and insurance information of the other driver involved, as well as details about their vehicle (make, model, color, etc.) if possible.
- Take pictures of the accident scene, your injuries, and any damage to your vehicle. If there were witnesses, get their names and contact information, as well as a brief statement.
- Seek medical attention immediately after the accident if you did not receive emergency care. Even if your injuries seem minor, you should always see a medical professional.
- Report the accident to your auto insurance provider as soon as possible. Depending on your policy, you may have only a few days up to a couple of weeks to report the crash.
- Avoid speaking to anyone from the other driver’s insurance company. Never sign anything or agree to a settlement without first talking to a lawyer.
- Follow all of your doctor’s recommendations, including attending follow-up appointments, taking prescribed medications, and taking time off work.
- Contact a car accident attorney. Although you are not required by law to hire a lawyer, most people who work with an attorney receive better settlements than those who do not.
One of the best things you can do to protect your rights after a car accident is to contact an attorney at Mike Slocumb Law Firm. Our team understands the law and how it applies to your case. We know the challenges you are facing, and we know how to help.
When you trust your recovery to our Denver car accident attorneys, you get an entire team fighting for you and your recovery. We are committed to maximizing our clients’ settlements and, whenever necessary, representing their rights at trial. To date, our firm has secured more than half a billion dollars in compensation for the injured; find out how we can help you with your case today.
Call (303) 622-5073 or contact us online to get started with a free consultation. Hablamos español.