This means that roughly 18,356 car accidents happen every day across the country, and Colorado is no exception to these alarming statistics. The range of injuries and damages that result from this avalanche of car wrecks piles up to a tremendous cost to the individuals involved and the larger national economy. Car accidents can have an enormous impact on a person’s life. The physical injuries, medical care, and bills that pile up may all lead to ripple effects that impact almost all areas of life. Often, being involved in a car crash will cause a person to seek expensive medical treatment for painful injuries and miss time from work.
If you or a loved one have been injured in a car accident, then you likely know the devasting effect a car crash can have on your daily life. When considering your options after being involved in a motor vehicle collision, here are some important things to keep in mind.
While At The Scene Of The Car Accident
First and foremost after a car accident, if possible, you should move to a safe area away from danger. Once you are in a safe area, call 911 or a non-emergency police number to summon police and medical assistance. If you think you have been injured, make sure you are seen by the medical first-responders and describe your injuries and any pain you are experiencing. When it comes to car accident injuries, it is better to be safe than sorry. The earlier you are seen by medical professionals, the better.
While at the scene, you should also try to gather as much information as you can. Get the names, phone numbers, addresses, insurance information, and license plate numbers of any other drivers involved in the collision. Find out if there were any witnesses to the accident and get their names and contact information as well. If you have a cell phone with a camera, take pictures of the entire scene, including license plates, damage to vehicles, positions of the vehicles, and any physical injuries.
The Days Following The Car Accident
In the days following the car crash, you should continue to monitor your injury symptoms closely. Follow up with any medical providers you have seen and describe your symptoms to a medical professional. It is common for car accident injuries to get worse in the days following the incident. Make sure you keep any records you receive for medical treatment, especially bills.
If a police officer responded to the scene of the accident, you can request a copy of the officer’s report online. Or, if no officer responded, you can report the accident yourself on the Colorado DMV’s website.
Lastly, contact an experienced Colorado car accident attorney at Baumgartner Law as soon as possible after the incident. Our attorneys have years of experience working on car accident claims with insurance companies. We have the knowledge and skill to help you receive the compensation you deserve.
What Are Common Causes Of Car Crashes?
While a car accident can be the result of any number of causes, here are some of the most common:
If you were the victim of a motor vehicle collision due to any of the above causes, you may be entitled to legal damages from the at-fault driver. At the scene of the accident, a police officer might ticket or cite the at-fault driver for violating a traffic law. If this occurs, this could be powerful evidence of the other driver’s negligence in a civil lawsuit.
If you were involved in a car accident where you were partially at fault, you may still be able to recover damages from the other at-fault driver. This situation is called “contributory negligence” or “comparative fault.” Under Colorado’s comparative fault law, a car accident victim can still recover damages so long as he or she was less than 50% at fault for the accident.
For example, take the situation where you were injured in a car accident with another driver where you were 40% at fault and the other driver was 60% at fault. The damages from the accident are $100,000 in total. Under Colorado’s comparative negligence law, you could recover $60,000 of your total damages since you were 40% at fault. If you were 50% or more at fault in the above situation, you would be barred from recovering any damages. The rules governing comparative negligence in Colorado are complex. It is important to hire an experienced car accident attorney in Colorado to ensure you receive the maximum recovery possible under Colorado law.
When it comes to insurance companies and car accidents, you may feel overwhelmed by the paperwork and legal phrases insurance adjusters like to throw at car accident victims. Having an experienced Colorado car accident attorney on your side can help you cut through common insurance company tactics. This valuable advantage will help you receive the financial compensation you deserve.
In Colorado, the driver who is at fault for the accident is responsible for compensating you for your vehicle damage and accident-related injuries and losses. If the at-fault driver has automobile insurance, then his or her insurance provider will be the one responsible for paying you for your injuries. Colorado law requires drivers to carry auto insurance that meets certain minimum requirements.
If you were injured in an auto accident with an at-fault driver who has insurance, then you should contact a qualified Colorado car accident attorney today. Hiring an attorney to represent you in your car accident claim gives you a measurable advantage that can help you recover maximum compensation for your injuries. The Insurance Research Council found in a study that 85% of all money paid out by insurance companies for injuries are paid to persons represented by a lawyer.
If you sustained injuries from a car accident in Colorado, you have three years from the date of the accident to file a lawsuit for your injuries. This time limitation is known as a statute of limitations. If you fail to file a lawsuit within these three years, your claim will likely be denied by a court.
The statute of limitations is a common defense used by insurance companies to deny car accident injury claims. Consequently, you must contact a Colorado car accident attorney as soon as possible to prevent losing the right to file your injury claim.
Under Colorado law, drivers are required to carry automobile insurance with at least $25,000 for bodily injuries per person. Unfortunately, any medical expenses, lost wages, and legal damages from a car crash can exceed $25,000 very quickly. Even worse, despite the law requiring them to do so, some drivers in Colorado fail to carry insurance.
If you are injured in a car accident with a driver who either has inadequate or no insurance, you may be able to recover damages from your own auto insurance company. This is known as an uninsured/underinsured motorist (UM/UIM) claim. If you are the victim of a hit-and-run, you also may be able to file a claim under your UM/UIM policy. Most auto insurers in Colorado offer you UM/UIM coverage in the same amount as your bodily injury insurance limits unless you reject it in writing.
The attorneys at Baumgartner Law are experienced car accident lawyers that know the ins and outs of uninsured/underinsured motorist claims. Our attorneys can negotiate on your behalf with your insurance company to get you the maximum recovery for your injuries.
What Are Common Injuries From Car Accidents?
Car accidents can leave you severely injured and with excessive medical bills. At Baumgartner Law, we have years of experience helping people who have been injured in car crashes. Here are some of the most common injuries we see suffered by clients:
In many cases, victims of a car accident can suffer a catastrophic injury, such as a brain injury. Many injuries from car accidents can cause lifelong pain and greatly impact how you live and work. At Baumgartner Law, we understand the severe consequences an injury from a car accident can have on your life. We always keep this fact in mind while fighting for the maximum compensation for our clients.
If you sustained injuries from a car accident in Colorado, you have three years from the date of the accident to file a lawsuit for your injuries. This time limitation is known as a statute of limitations. If you fail to file a lawsuit within these three years, your claim will likely be denied by a court.
The statute of limitations is a common defense used by insurance companies to deny car accident injury claims. Consequently, you must contact a Colorado car accident attorney as soon as possible to prevent losing the right to file your injury claim.
What Kinds Of Damages Can I Recover In A Car Accident Case?
Economic Damages In Car Accident Lawsuits
Economic damages are recoverable in a car accident lawsuit. Economic damages are generally verifiable by reference to a bill or other record. Examples of this type of damage are:
- Past medical expenses for treatment related to the accident;
- Future medical expenses;
- Property damage to a vehicle;
- Past loss of wages due to the accident; and
- Future loss of wages
There is no damages cap on economic damages for car accident claims in Colorado. That means you can recover the full value of your economic damages related to the accident. To prove your economic damages, providing documentation in the form of medical bills, property damage estimates, paycheck stubs, and income tax returns may be necessary.
Non-Economic Damages In Car Accident Claims
Non-economic damages are also recoverable in a car accident claim. Non-economic damages are the type of damages that cannot be calculated by reference to specific out-of-pocket costs, like medical expenses. Common examples of non-economic damages that can be recovered in a car accident lawsuit include:
- Pain and suffering;
- Emotional distress;
- Disability;
- Loss of enjoyment of life;
- Loss of companionship; and
- Disfigurement.
In Colorado, there is a maximum amount of non-economic damages you can receive in a personal injury lawsuit like a car accident claim. The current damages cap for non-economic damages in Colorado is $642,180, but this cap can be increased to $1,284,370 upon a showing of clear and convincing evidence to the court that it is justified. There is no damages cap if you suffer any permanent physical impairment.
Punitive Damages In Car Accident Lawsuits
Punitive damages are meant to punish the wrongdoer in a lawsuit with the secondary goal of discouraging similar conduct. If you are a plaintiff in a car accident lawsuit, the court may only award punitive damages in a limited number of circumstances. The amount of punitive damages is typically a number equal to the total economic and non-economic damages in a case.