How Colorado Determines Liability in a Vehicle Accident
Are you getting ready to start exploring some of the Boulder State’s amazing natural wonders like the Rocky Mountains? You’re probably going to have a great time. However, you’re probably also going to find yourself on roads like the Million Dollar Highway or U.S. HWY. 60 or other stretches of pavement known for high car accident rates. Colorado dangerous roads aren’t exactly marked on maps.
However, you can still find yourself in a vehicle accident sticking to a statistically safer route. Before heading off on your Boulder State adventure, it’s a good idea to know a bit about negligence and the role it can play in a Colorado car collision claim.
Negligence Determines Liability in Colorado Car Accidents
If you’re wondering why liability is such a big deal in a car accident claim, the reason is fairly simple. You need to know who to name as a defendant in your personal injury claim. In other words, you can’t file a random injury claim and hope someone decides to pay out its value. This isn’t how the legal process works. You must show someone is liable (responsible) for causing the accident and their actions are negligent.
Okay, so what’s negligence? The legal definition of negligence refers to the actions or behaviors of an individual. If their actions or behaviors aren’t those of a reasonable person, it’s considered negligence. In simple terms, negligence occurs when someone’s actions place others at risk. An example can be if a driver runs a red light and crashes into your vehicle. A reasonable individual will stop at the red light, avoiding placing other motorists at risk of an accident.
To prove an individual is negligent and the liable party for your vehicle accident, you must meet the following elements of negligence.
Duty of Care
You must establish that the defendant (liable party) owes you a duty of care. This element of negligence is usually relatively easy to prove since almost everyone owes someone a duty of care.
Physicians have a duty to their patients to provide adequate medical care. Drivers have a responsibility to operate their vehicles in a way that doesn’t increase other motorists’ chances of being involved in a vehicle accident.
Breach of Duty
After showing that the defendant owes you a duty of care, the next element of negligence is proving the individual breached their duty. A breach of duty in a car accident can be if the liable driver isn’t following all traffic laws.
Failing to stop at a red light and crashing into another vehicle with the right-of-way can be a breach of duty. Speeding and even failing to use a turn signal can also be examples of failing to maintain a reasonable duty of care.
Causation
The third element of negligence is causation. This means showing the defendant’s actions are the only cause of your accident. So, if the defendant hadn’t run the red light, your accident probably wouldn’t have occurred.
To show causation you must prove the defendant’s actions or inactions caused your injuries and other damages.
Damages
This is the final element of negligence and is usually the easiest to prove. This element requires you to show the accident is the reason you suffered damages. If the accident hadn’t occurred, you wouldn’t be dealing with injuries and other losses.
If you can meet the key elements of negligence, you’ve usually determined liability and can move forward with your personal injury claim. If you can’t show negligence there’s a good chance you can’t file a claim against the other driver.
Comparative Negligence Can Impact Liability
Colorado follows two insurance laws and both can affect your personal injury claim. Colorado is an at-fault insurance state so you file a claim against the liable driver’s insurance provider.
The Boulder State also follows comparative negligence guidelines. This means more than one party can be liable for the same accident. Can you still file a personal injury claim if you’re partially at fault? The answer depends on your percentage of blame.
As long as you’re not assigned more than 50% of the blame for the car accident you should be able to file a personal injury claim. However, your compensation amount will be reduced by your percentage of fault. So, if your settlement is for $100,000 and you’re assessed 25% of the blame, you receive a settlement check for $75,000.
Who Determines Liability in Colorado Vehicle Accident Claims
Even if you’re positive the other driver was speeding at the time of the accident, you can’t assign blame. This applies even if you captured the accident on your dashboard camera. However, the authorities will want to review your footage. They may use the video to help them determine liability in your car accident.
So, usually, the authorities assign blame for a vehicle collision. The authorities will inspect the scene, gather evidence, and make a determination based on their discoveries.
The insurance adjusters can also assign blame and this is when you should pay attention. While your insurance adjuster is probably working to ensure the other driver is assessed most of the fault, the other insurance company is doing the same thing. They’re going to try to limit their client’s liability.
However, don’t worry too much. Insurance adjusters are limited in how they can assess blame. They must use the evidence and can’t randomly assign fault in an attempt to limit your settlement amount.
Can You Appeal Your Assigned Percentage of Fault?
If you don’t agree with the decision handed down by the responding authorities and insurance adjusters, you can file an appeal in civil court. This is only an appeal, you’re not litigating your accident case.
Both sides will present evidence to the judge or jury. After reviewing the evidence the court can decide to either lower your percentage of fault or keep it the same.
Proving Liability in a Colorado Car Crash Can Be Challenging
Determining liability in an accident scene can be challenging, even for seasoned investigators. If you feel like you’re being assigned more blame than your actions deserve, talk to an experienced personal injury attorney. From helping to establish liability to proving negligence, your attorney can help ensure you can receive maximum compensation for your Colorado car accident claim.
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