Who is at fault in a car accident?
Exploring Fault in Colorado Car Accidents
Car crashes remain the leading cause of accidental injuries in the United States.
In Colorado, car accidents are a very serious issue.
According to data cited by American Property Casualty Insurers (APCI), fatal car accidents in our state have risen to the highest level in more than a decade.
After a traffic collision, you will have many questions.
One of the most important is: Who is at fault for the crash?
Under Colorado state law, the at-fault party is the one who caused the accident through unsafe actions or inactions.
A Message from Sean On Fault in Car Crashes:
Colorado is an ‘At Fault’ Auto Insurance State
In a Colorado car accident claim, fault matters. Like the majority of jurisdictions in the United States, Colorado is an ‘at fault’ auto insurance state. This means that injured victims can hold opposing parties legally liable for their damages only if they can prove that the defendant is actually to blame for the crash. If you cannot establish fault, or if you get unfairly blamed for your own wreck, it could take a lot of money out of your settlement offer.
Negligence Determines Fault
Under Colorado law (C.R.S. § 13-21-111), negligence determines who is at fault. In legal parlance, negligence means the failure to take adequate care in a particular situation. All drivers have a responsibility to operate their cars in a reasonably safe manner. This includes following all relevant rules of the road.
When a driver violates one of the rules of the road or otherwise operates their vehicle in an unsafe manner, they are responsible for any damages that occur as a result of their negligent conduct. In car accident claims, negligence can come in many different forms. Some of the most typical examples include:
- Speeding or driving too fast for the weather;
- Following another car too closely;
- Running red lights or stop signs;
- Failure to yield or failure to merge safely;
- Unsafe lane changes or other forms of reckless driving;
- Distracted driving, including texting and other cell phone use; and
- Intoxicated driving, including drunk driving and drugged driving.
To establish negligence, a car accident victim must be able to establish that another party engaged in unsafe conduct and that their unsafe behavior actually contributed to the accident in question. This is not always an easy task. As such, injured victims need to be ready to seek legal representation.
Questions About Fault? Call a Denver Car Accident Lawyer
If you are suffering from a major car crash, and there is a dispute over who is at fault for the crash, it is imperative that you consult with an experienced Denver auto accident lawyer immediately. Your ability to recover full and fair compensation for your damages relies on establishing fault. You should not have to pay for the negligent action of another driver.
At Olson Law Firm, LLC, our legal team has deep experience handling complex car accident claims. We know how to investigate accidents, review evidence, and build strong legal cases. We have helped many injured victims get full financial compensation for their losses. If you are suffering from a car accident in Colorado, give our law firm a call. We would be happy to take some time to review your claim and explain your legal options to you.