Especially for commuters, parking ramps in downtown Denver serve as an important necessity for parking during work. In a rush to leave the facility, another driver backs into your vehicle as you legally drive behind them in the ramp. You suffer a broken arm, a concussion and abrasions due to the impact, and you want to seek compensation.
Traffic accidents in parking ramps occur across the United States, and a court should hold the driver who caused your injuries responsible for the monetary cost. Understand that in Colorado, you hold the right to seek damages in traffic injuries, and the state works to award you money to recover.
Identifying the cause of the accident
To receive compensation, a court must determine that the other driver proves at fault for your injuries. Doing so, they can attribute associated medical expenses to the fact that the other driver acted negligently in the ramp.
- Duty of care: First, a court determines that because the other driver operated a vehicle, he or she held a duty of care to noticing surroundings and upholding safety. By law, when you get behind the wheel of a car, you must refrain from completing any other distracting activity, or a judge may find you negligent.
- Breach of duty of care: Next, a court decides that by committing a negligent act, in this case, backing up into your driver’s side door, the driver avoided using the care required to operate their vehicle.
- Causation: After, the court understands that because the other driver failed to exhibit proper care, they caused an accident in which you sustained injuries.
- Damages: Lastly, the judge makes the decision that because the driver did not execute care and backed up into your vehicle, you sustained damages, or injuries.
To help with these determinations, the court may call on witnesses, obtain evidence from car accident investigators or view security footage of inside the parking ramp.
After the court decides that you require compensation from the driver that injured you, a judge may look at multiple factors to determine an awarded amount. A judge may add the costs of:
- Medical expenses
- Emergency room visits
- Physical therapy
- Loss of work
If you do not exhibit fault in your motor vehicle accident, Colorado court works to award you with compensation that helps you in your road to recovery.