Rear-enders, crashes, collisions and car accidents are rather common on Colorado. You cannot never really vouch for on-road safety, because a lot depends on other vehicles and drivers. If you ever get injured in an accident, knowing the state laws will be useful. Also, in your best interest, consider talking to a Colorado car accident attorney, to figure out if you can file a personal injury lawsuit. In this post, we are sharing more on the accident laws and aspects that matter.
Colorado is a modified comparative negligence state
What happens when more than one driver is at fault? Colorado follows the modified comparative negligence rule, which is what many other states do. If you had a share in fault, you can still file a lawsuit against the other driver. This is provided your share of fault is less than 50%. The awarded compensation will be reduced by your fault in percentage. For example, if you were 20% at fault and were awarded $20,000 in settlement, you will eventually get $16,000.
Colorado’s statute of limitations
The statute of limitations in Colorado allows three years, from the accident date, to bring injury lawsuits against the other party. If the accident resulted in someone’s death, the immediate family can file a wrongful death lawsuit, for which the deadline is two years. If you don’t adhere to that deadline, your case will be rejected in all likeliness. If you are just suing for vehicle or property damage, the deadline is three years.
Reporting a Colorado car accident
Drivers involved in a car accident must file a report compulsorily, if the accident resulted in property damage, injury or death. In other words, you must report an accident in any case, to the nearest sheriff’s department/local police.
Do you need an attorney?
Following a car accident, you are required to report the same and seek medical attention, if you were hurt. Insurance companies are not on your side. Also, the statute of limitations doesn’t apply to insurance claims, so you must inform your insurer and file a claim with at-fault party’s insurer within a reasonable time. Following this, hiring a personal injury lawyer should be your immediate concern. Keep in mind that insurance companies will do everything to pay less for claims, so you must hire an attorney, to protect your rights and interests.
A good injury lawyer will ensure that you get a fair compensation. Also, they usually work on a contingency fee.