What Qualifies As 'Clear Liability' In A Denver Car Accident?

If you’ve been injured in a car crash in Denver, you’re probably wondering whether you have a strong case and how to get the compensation you deserve. A key factor is whether the other driver is clearly at fault, known as “clear liability.” As a Colorado car accident lawyer, I’m here to shed some light on what that means and how it impacts your claim.

Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Mintz Law Firm today at 303.732.8919.

Your Legal Rights After a Denver Car Accident

First, it’s essential to know that Colorado is an “at fault” state regarding auto accidents. That means the driver who caused the crash (the one “at fault”) is responsible for covering all the damages through their insurance. If it’s obvious the other driver is at fault, you’ve got a case of clear liability. Some common examples are:

• The other driver ran a red light or stop sign and hit you

• The other driver rear-ended you 

• The other driver was driving under the influence

• The other driver made an illegal turn or lane change and collided with you

When liability is clear like this, you’ve got solid ground to bring an injury claim or lawsuit against the at-fault driver to get compensation for your medical bills, lost wages, pain and suffering, and more. But you’ll still need to build a strong case with evidence like photos, police reports, witness statements, and your medical records. An experienced Denver personal injury lawyer can help you put it all together.

What If Liability Isn’t Crystal Clear?

Not every crash is cut and dry regarding who’s at fault. Sometimes, liability is shared between both drivers, such as if you were speeding a bit and the other driver made an illegal turn. In these types of scenarios, Colorado follows a “modified comparative negligence” rule, meaning you can still recover damages from the other party if you are less than 50% at fault. But your compensation is reduced by the percentage of fault you have.

Let’s say your damages total $100,000, but you’re found to be 20% at fault. That fault is subtracted by the full amount you can collect for damages. You could collect $80,000 (80% of your total damages). If liability is complex like this, having a savvy Colorado personal injury lawyer on your side is essential to prove the other driver’s lion’s share of the fault.

Maximizing Your Compensation: Tips From a Denver Car Accident Attorney

Whether liability is crystal clear or a bit murky, there are steps you can take to build the most robust case possible and get fully compensated:

• Call the police to the scene and get an official accident report

• Take photos of the damage to both vehicles, your injuries, and the crash scene  

• Get contact info for any witnesses

• See a doctor ASAP to document your injuries (even if you feel okay immediately after)

• Avoid admitting any fault or apologizing to the other driver

• Contact an experienced Denver car accident attorney before talking to any insurance companies

At the Mintz Law Firm, our dedicated Colorado car accident attorneys team knows how to investigate crashes, build rock-solid cases, and stand up to the insurance companies to get you every dollar you deserve. We offer free consultations, and there’s no fee unless we win for you.

FAQs

1. How long do I have to file a car accident lawsuit in Colorado?

In most cases, Colorado’s statute of limitations gives you three years from the crash date to file a personal injury lawsuit. But take your time – evidence can disappear quickly. Talk to a Denver car accident lawyer ASAP to get started.

2. What if the at-fault driver doesn’t have insurance?  

You can utilize your uninsured motorist coverage if an uninsured driver hits you. Colorado law requires insurers to offer UM coverage, but you can opt-out in writing. A Denver car accident attorney can help you file a UM claim.

3. How much is my car accident case worth?

Every case is unique, but factors impacting your case value include the severity of your injuries, length of recovery, amount of medical bills and lost wages, any permanent impairment, pain and suffering, and the at-fault driver’s insurance limits. An experienced Denver personal injury lawyer can evaluate your case in a free consultation.

4. What if the at-fault driver claims I was partly to blame for the crash?

Don’t panic if the other driver tries to point the finger at you. Colorado’s modified comparative negligence rule means you can still recover damages even if you were partly at fault – as long as your fault was less than 50%. An experienced Denver car accident attorney can help gather evidence to minimize your percentage of fault and fight back against unfair accusations from the other side.

5. What types of damages can I recover in a Denver car accident case?

If you’ve been injured in a crash due to someone else’s negligence, you may be entitled to compensation for:

• Past and future medical expenses

• Physical damage to your vehicle

• Lost wages and reduced earning capacity

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Vehicle repair or replacement

Punitive damages might also be awarded in rare cases involving especially egregious misconduct by the at-fault party. A knowledgeable Denver personal injury lawyer can assess your case and fight for the maximum compensation you need to move forward.

Get Started With a Free Consultation

Mintz Law Firm has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 303.732.8919 for your free consultation.