A car accident can upend your life in seconds, leaving you with injuries, vehicle damage, and mounting bills. When another driver’s careless actions cause your crash, you face critical decisions about protecting your rights and securing compensation.
In this guide, Flesch Law Denver Injury Accident Lawyers will explain car accident negligence claims and your options for pursuing compensation.
What Constitutes Negligence in a Car Accident?
You can sue a negligent driver when their failure to exercise reasonable care causes your injuries. Every driver has a legal duty to operate their vehicle safely and follow traffic laws. When someone breaches this duty and you suffer harm as a result, you have grounds for a personal injury claim.
Common examples of negligent behavior include:
- Texting while driving
- Running red lights
- Speeding
- Failing to yield
- Driving under the influence
- Not maintaining proper vehicle control
In a car accident lawsuit, the injured party must prove that the other driver’s negligence caused the crash and resulted in damages like medical costs or lost wages.
How Fault Determination Affects Your Case
Establishing legal liability forms the foundation of your negligence claim. You need evidence showing the other driver caused the crash through their careless behavior. Police reports, witness statements, photos, and video footage help prove fault.
Colorado follows a modified comparative negligence rule. This means you can recover compensation even if you share some blame for the accident, as long as you are less than 50% at fault. However, your insurance compensation is reduced by your percentage of fault.
Traffic violations, such as speeding tickets issued at the scene, serve as strong evidence of negligence. The car accident investigation involves analyzing all the circumstances surrounding the collision to determine who is responsible.
Insurance Claims vs. Lawsuits
After a collision, claims typically start with the negligent driver’s insurance company. Insurance carriers investigate and may offer settlements to cover damages. Many cases work through this process without requiring court action.
However, insurance companies may deny valid claims or offer inadequate settlements. They may dispute fault, question the severity of the injury, or claim that excessive time has passed. When insurers refuse to provide fair insurance compensation, a personal injury claim in court becomes necessary.
You cannot typically sue the insurance company directly. Instead, your car accident lawsuit names the at-fault driver as the defendant.
Their insurance company then provides legal defense and pays any judgment up to the policy limits. An experienced attorney handles all negotiations and legal proceedings to protect your interests.
Damages You Can Recover
A successful negligence case can provide compensation for both financial and personal losses. Economic compensation covers medical bills, future care, lost wages, reduced earning ability, and property damage. Non-economic compensation addresses pain, emotional suffering, loss of enjoyment, and lasting disabilities. In most Colorado cases, there are no legal limits on these damages.
Time Limits for Filing Your Claim
In Colorado, you have a three-year window from the date of your accident to initiate a lawsuit. If you wait too long and miss this deadline, the court can reject your case, even if your injuries are severe or your evidence is strong.
Experienced Legal Help From Flesch Law Denver Injury Accident Lawyers
Understanding negligence law helps you protect your rights after a car accident and pursue the compensation you may be entitled to. We at Flesch Law Denver Injury Accident Lawyers have extensive experience representing injured accident victims in complex negligence claims. Our team investigates crashes thoroughly, builds compelling evidence of fault, and fights for maximum compensation for our clients.
Call Flesch Law Denver Injury Accident Lawyers at (303) 218-9394 for experienced legal guidance on your car accident case in Colorado.