Young woman by the car after an accident and a man running towards her.
Car accidents, collisions, and crashes happen on the roads of Colorado all the time. Even when you are an alert and safe driver, such accidents can happen, often because the other party was negligent. Following such an accident, you may feel overwhelmed and stressed, considering that financial losses can pile up in no time. If you believe that you have a valid compensation claim, you should consider talking to one of Colorado Springs personal injury lawyers. Here are some important facts worth knowing about car accident laws in Colorado along with other aspects.
Colorado is a “modified comparative negligence” state
You were injured in a car accident, but what if you had part role in causing the accident? In such cases, the modified comparative negligence rule is applicable. If a party had part share of fault but also has suffered losses, they can still file for compensation in Colorado. However, their settlement will be reduced by percentage of their share of fault. For example, if you were awarded $10,000 in settlement but were also 30% at fault, you will only get $7,000. Note that you cannot claim compensation, if your share of fault is more than 50%.
The Statute of Limitations
As per the Statute of Limitations in Colorado, personal injury lawsuits against the at-fault party must be filed within 3 years from the date of accident. If the accident resulted in death, the family of the deceased has 2 years to bring personal injury lawsuits. In this case, the deadline starts from the date of death, which may not be the same as date of accident.
You may need a personal injury lawyer
There is no law that requires you to hire legal help to file your claim. However, hiring a personal injury lawyer may work in your favor. Since Colorado is an at-fault state, drivers often blame the other party for the accident, and insurance companies do their best to deny and delay claims, often on flimsy grounds. A skilled personal injury lawyer can help with your rights and guide on filing a claim with at-fault party’s insurer. They can also negotiate with the claims adjuster, and if a fair settlement is unlikely, your lawyer can pursue the matter in court.
Talk to an attorney in Colorado immediately after your car accident. Make sure that your attorney has experience with such cases and is ready to work on a contingency basis.
