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Determining Fault In A Car Accident

Fault In A Car Accident

Car accidents are often complex, intense moments in a person’s life and sometimes the real damage doesn’t surface until long after the crash itself. In this case, circumstances are everything and the amount of ‘fault’ for the accident that is determined during investigations determines the amount of money that a driver is liable for after a wreck.

But how is fault determined? Who makes those decisions? Let’s start by discussing a few things first:

Determining Fault For An Accident In Colorado

In many cases, proving fault is key to winning the compensation you are entitled to after an accident in Colorado. Sometimes fault is obvious, but at other times, it can prove to be more difficult. When it’s questionable, there can be confusion around who actually caused the accident and who is legally at fault.

Unless it’s extremely clear that you’re the one responsible for the car accident, it’s important to speak with an experienced car accident lawyer in Westminster. Don’t assume you can’t recover damages if you’re unsure that you’re at fault until you talk to a lawyer!

Every car accident is unique and it’s important to discuss specifics with a qualified attorney to determine liability and fault of your accident.

The state of Colorado is an At-Fault state. What this means is that drivers are allowed to file personal injury claims against the parties at-fault without waiting to reach a specific financial threshold before doing so.

Car accident victims in Colorado are legally entitled to seek compensation in one of three ways after an accident:

  1. By filing a claim with their own insurance company if the at-fault driver is uninsured or underinsured.
  2. Filing a claim against the at-fault driver’s insurance
  3. Filing a personal injury claim against the at-fault driver

Colorado practices the modified comparative negligence legal theory. What this means is that if you’re less than 50% at-fault for the accident, you’re entitled to seek compensation for your injuries. The amount of damages that you’re eligible to receive will be reduced by the percentage of personal responsibility you hold for the accident. If you’re determined to be at least 50% responsible for the accident, however, you’re not allowed to seek compensation at all.

If a jury finds that an injured party was speeding before they were hit by a drunk driver, they may determine that the victim was 10% responsible for the accident, and as such, their own injuries. If the jury determines that the injured party suffered $100,000 worth of damages due to the accident, the victim would only receive $90,000- 10% less than the amount of damages incurred.

The Problem of No-Doubt Liability

Authorities and insurance companies will almost always assign fault to a driver who rear-ends another. This is known as ‘no-doubt liability’; an accident that is almost always a certain driver’s fault. No-doubt liability accidents are extremely difficult to argue against in court and will generally result in a quick settlement for victims. While rear-end accidents are the most common form of no-doubt liability crashes, these aren’t the only form they take. Here’s a few other examples:

  • Backing-up drivers: Drivers who are backing up are typically at-fault for crashes regardless of circumstances.
  • Red Light runners: Drivers who run red lights are usually at-fault in car accidents
  • Left Hand Turns: Drivers making left hand turns in front of drivers going the opposite direction are usually at-fault in car accidents
  • Impaired drivers: Drivers under the influence are usually assigned fault in car accidents.

Drivers who break basic traffic laws or texts while driving increase the chances they will be determined liable in an auto accident.

Take Note: Even though you may have done one of these above items at the time of the crash, your conduct may not be the reason the crash happened. This means that there is a possibility that you’re not considered to be the at-fault driver. This is why it’s crucial to call a lawyer to help you navigate this complex situation and determine liability.

AGG Law Is Here To Help

If you or a loved one has been injured in an accident that involves a commercial truck, you may be entitled to compensation for your injuries through a legal claim against the responsible parties. AGG Law Firm takes prides in advocating for victims that suffered injuries from  commercial truck accidents and recovering the compensation our clients’ deserve. Contact AGG Law at (720) 708-2988 today for first class legal representation!

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