Colorado Accident Lawsuit Attorney Personal Injury
Colorado Personal Injury Accident Lawyer
A Colorado car accident involving two vehicles on July 5, 2012, resulted in injury to a pregnant woman and death of her unborn child. A 52-year-old man, who had a history of DUI arrests, was found to have four-time higher blood alcohol level when his car rammed into the vehicle of the 27-year-old woman at Longmont. A 55-year-old man died after his speeding car hit a guardrail and burst into flames while a 64-year-old woman passenger from Arizona was killed in a car-jeep collision at a highway intersection near Allenspark in two crashes 10 days later.
In August 2011, renowned entrepreneur, civic leader, and philanthropist Charles Wyly was killed in Roaring Fork Valley near Aspen after an SUV crashed into his Porsche. Publisher Sandra Publisher, her political consultant husband John Parr, and her daughter died on December 22, 2007, after a tractor trailer ran into their car in Denver. Attorney and lobbyist Liz Birt met with a fatal accident in 2005 at Aspen following collision with a pickup truck.
Colorado Auto Accident Statistics
- At least 220 people have been killed in 202 fatal Colorado traffic accidents until July 18, 2012. Colorado auto accidents resulted in 448 fatalities in 2010 and 446 deaths in 2011.
- According to the National Highway Traffic Safety Administration, about 55 percent of total Colorado auto accidents occur in rural areas.
- The state mileage fatality rate was 0.95 in 2010. The rural areas are more prone to accidents with 1.66 mileage fatality rate.
- About 30,000 auto accidents take place in Colorado every year. One is every three accidents results in fatalities or injuries to drivers and passengers.
- The state transport department statistics show a high number of passenger cars involved in accidents. Passenger car drivers and occupants account for almost 68 percent of total Colorado car accident fatalities.
- Alcohol-related accidents accounted for about 30 percent of all fatalities.
Colorado Auto Accident: County and Causes
In 2010, out of 448 Colorado auto accident fatalities, single car accidents accounted for 269 deaths (60%). This indicates driving errors, drunk driving, speeding, driver inattention, and roadway departure as reasons behind the most of the Colorado auto accidents. Alcohol is found to be responsible for almost one in every three fatal accidents while 55 percent of all Colorado car accident fatalities are caused following roadway departures. The speed of the vehicle is usually a factor in almost 36 percent of auto accident fatalities and 25 percent of all car crashes in Colorado. Intersection-related car accidents in Colorado accounted for one-fourths of traffic accident deaths in 2010.
According to the Colorado State Patrol, the following are the most important causes that contribute to almost 90 percent of traffic accidents in the state:
- Speed exceeding safe or lawful limits
- Driver distraction and driving while asleep
- Collision with animal and road-side objects
- Lane violation
- Following too closely
- Defective vehicle
- Spilling of load
- DUI – alcohol and drugs
- Improper left turn, backing, and passing
El Paso, Weld, Denver, and Jefferson are among the Colorado counties with a high rate of traffic accidents. The four counties account for 35 percent of the total car accidents in Colorado. A large number of auto accidents are also reported from Adams, Boulder, Larimer, Douglas, Arapahoe, and Pueblo counties every year. Among the Colorado cities, Denver tops the list with a maximum number of fatal and nonfatal accidents followed by Aurora, Colorado Springs, and Lakewood.
Common Colorado Accident Injuries
- Wrongful death
- Permanent or temporary disability and loss of limb
- Brain, spinal cord, and whiplash injuries
- Injuries leading to severe medical, physical, and psychological conditions causing long-term treatment
- Fracture, disfigurement, burns, trauma, scars, and pain
- Emotional distress
Colorado Accident Compensation
If you have suffered due to an auto accident in Colorado, you are entitled to claim damages and compensations for
- physical injury, disability, and loss
- financial damages and losses
- emotional distress caused by an accident
- damages to cover disability and medical cost,
- punitive damages
- loss of job and property
- psychological suffering
- vehicle repair
- loss of consortium
Colorado Auto Accident Lawyer: Filing Damage Claim
Colorado law allows an auto accident victim to claim compensation from the at-fault driver based on negligence, causation, injuries, and damages. He can file a claim in any of the following three ways:
- Seek damages from own insurance provider according to policy terms and conditions
- File a claim with the insurer of the responsible driver
- Claim damages by filing a personal injury lawsuit through your Colorado accident lawyer
Colorado Personal Injury Lawsuits: Litigation Process
- Claim Processing: Choose an experienced and trustworthy Colorado accident lawyer and consult him on statute of limitations and compensation you can claim. Your Colorado accident lawyer does the needful, including collection of accident, medical, and police reports and estimation of damages and losses. Most Colorado accident lawyers work on personal injury cases on no-win-no-fee basis.
- Seeking Damages: The Colorado accident lawyer representing you will notify the at-fault driver or their insurance company about your claim based on estimated damages. The at-fault driver and his insurer have three options – agree to your claim, deny your claim, or seek arbitration or mediation.
- Arbitration and Mediation: Based on mutual agreement, both parties can go for arbitration, which is less time intensive and informal compared to lengthy personal injury lawsuits. An arbitration award is binding on both parties. If the other party is not willing to give arbitration a chance, third-party mediation is other available option to seek a quick resolution of your claim.
- Filing Lawsuit: Your Colorado accident lawyer can file a personal injury lawsuit in the event that your claim is out rightly rejected by the at-fault driver or his insurance provider.
- Discovery and Summary Judgment: Once a personal injury lawsuit is filed, the defendant is issued a notice and the discovery page begins. Both parties work to support and strengthen their claims. Either of the parties can seek a summary judgment based on their findings. The judge can grant the request or set the date for trial.
- Trial and Judgment: The court hears the arguments by both parties and gives the verdict based on facts, evidence, and laws of the land.
- Settlement: Both parties can go for negotiated settlement at any time and settle the personal injury lawsuit out of the court based on the mutual agreed terms. Most of the lawsuits end in settlement as the court process is time and cost intensive. However, an experienced personal injury lawyer can help in bargaining hard and getting most of your claims approved.
Colorado Car Accident: Statutory Regulations for Personal Injury Lawsuits
All Colorado accident personal injury lawsuits claiming less than $7,500 are required to be filed at state small claim courts.
There is a three-year time limit for filing of any personal injury or property damage lawsuit seeking compensation for damages caused by a Colorado auto accident.
For personal injury lawsuits involving government vehicles or employees, a notice must be served within 90 days of an accident and lawsuits must be initiated within 60 to 180 days of the notice answered depending on the level of government.
Colorado Comparative Fault Law
The state law allows recovery of accident compensation based on modified comparative fault principle. One is entitled to be awarded compensation for the proportionate of defendant’s fault or negligence. However, if the plaintiff’s fault is more than 50 percent, he is not granted any claim for damages.
Colorado Accident Insurance
- Colorado is an “at-fault” insurance state. An accident victim can seek compensation from the driver responsible for his pain and sufferings.
- All Colorado drivers are required to carry
- personal injury liability coverage of minimum $25,000 per person
- personal injury coverage of minimum $60,000 per accident
- property damage coverage of minimum of $25,000 per accident
- The state law mandates insurance providers to offer $300,000 per accident and $100,000 per person coverage for uninsured and underinsured motorists.
Colorado Seat Belt Law
- Seat belt is mandatory for drivers driving any vehicle built after 1968.
- All sitting on the front row of cars must use seat belts.
- A driver is responsible for observance of seat belt laws by all passengers in his car.
- Kids less than a year must ride in rear-facing restraining seats.
- Children more than one year and less than four must ride in front-facing restraining seats.
- Booster seats are must for those between 4 and 6 years.
- All passengers less than 16 years of age must use seatbelts irrespective of their sitting positions.
Colorado Auto Accident Lawsuits
On July 19, 2012, a wrongful death lawsuit was filed in a Lincoln County court following death of two Colorado women in a car accident. A 16-year-old boy hit the two women while they stopped the vehicle to change a tire near Limon. In 2011, a Colorado woman won $670,000 in a car accident settlement. The victim suffered from serious neck and disk injuries after a high-speed car struck her car from behind.
In February 2006, a Florida resident who was injured while on a holiday to Boulder settled for $300,000. He suffered from back injuries, including vertebra fracture, caused by the distraction of his cab driver. In February 2004, an Arapahoe County court ordered a liquor store to pay $3 million in damages to families of two teenagers killed in a drunk-driving accident three years ago. The store sold a keg of beer to the teenagers, which is not allowed by the state law.