Wearing a seat belt while driving in a car can be the difference between life or death in the event of a car accident. Of the 22,215 people killed in car accidents, 47% of those victims were not wearing a seat belt at the time of the crash.
As a personal injury attorney, Kim Welch knows the dangers of choosing not to buckle up in a car. So, what happens if you are injured in an accident in Colorado and were not wearing a seat belt? While you may assume you no longer have a claim to damages resulting from the crash, that is not necessarily the case.
Why Is It Important to Wear a Seat Belt While Driving?
With so many car accident deaths linked to the victim’s choice not to wear a seat belt, the dangers are obvious. Aside from the possibility of death, wearing a seat belt is essential for many reasons:
- It is the law
- It gives a good example to passengers or children in the car
- It prevents you from being ejected during an accident
- It decreases the chance of fatality in a crash
- If you do not wear one, you may not be able to collect as much financial compensation for your injury claim after an accident
The general rule is better safe than sorry when it comes to wearing a seat belt. So, buckle up when driving and encourage your passengers to do the same.
How Will Not Wearing a Seat Belt Affect My Personal Injury Claim?
If you have been involved in a car accident in the State of Colorado and were not wearing a seat belt, that does not mean you cannot make a personal injury claim. While the other driver and the insurance company may attempt to blame you for not wearing a seat belt, you still have the right to pursue a claim for financial compensation in return for any damages suffered. However, depending on the circumstances, you may not be able to recover as much as you would have if you had been wearing a seatbelt.
Colorado Is a Comparative Fault State
In a comparative fault state, if the at-fault driver can prove that the victim was also at fault or negligent, the damages owed can be reduced. However, under Colorado law, this does not apply to victims of car accidents who were not wearing a seat belt.
The Colorado Court system has made a point to reject the notion that not wearing a seat belt in the event of a crash may constitute comparative fault. Instead, Colorado’s common law states that a victim’s lack of wearing a seat belt can only reduce damages related to pain and suffering.
So, What Does This Mean?
If you have been in a Colorado car accident, you may still recover damages for any injuries you have suffered as a result. It is important to note that while common law states the financial compensation you are owed may be lowered if evidence is provided that you did not wear a seat belt, it is possible that it may not be lowered as well. Each personal injury claim is handled on a case-by-case basis and depending on the evidence provided by you and the at-fault driver, you may still get full compensation for damages.
Seek Assistance from Experienced Colorado Lawyer
Being involved in a car accident can be devastating. No one expects a crash to occur, but it is always important to wear a seat belt while out on the open roads. If you find yourself in a crash with or without wearing a seat belt, it is essential to have the help of an experienced personal injury attorney like Kim Welch on your side.
Kim Welch Law is ready to guide you through your personal injury claim as you attempt to recover damages owed to you as a result of a car accident. For a free consultation, fill out our online contact form or call 888-590-5510.
Since I can sue, what is next?
A Comprehensive Guide to Car Accident Claims in Colorado
What to do immediately after a car accident
Your actions at the accident scene are critical for your health and the success of your claim.
- Ensure safety. Check yourself and others for injuries. If possible, move to a safe location away from traffic.
- Call 911. Report the crash and request emergency medical assistance if needed. Colorado law requires you to report accidents that result in injury, death, or property damage of $750 or more.
- Exchange information. Get the following details from all involved drivers:
- Name and contact information
- Driver’s license number
- Vehicle make, model, and license plate number
- Insurance company and policy number
- Document everything. Gather evidence at the scene if it is safe to do so:
- Take photos and videos of the vehicles, damage, and the surrounding area.
- Get the names and contact information of any witnesses.
- Note the time, date, location, weather, and road conditions.
- Seek medical attention. See a doctor, even if you feel fine. Injuries, like whiplash, may not be immediately apparent but can worsen over time. A medical evaluation also creates an official record of your injuries.
- Report to the DMV. If a police officer did not investigate the accident and it meets the criteria (injury, death, or over $750 in property damage), Colorado law requires you to submit an accident report to the DMV within 10 days.
The car insurance claims process in Colorado
Follow these steps to file a claim and seek compensation.
1. Report the accident to your insurance company
Notify your insurer as soon as possible, as policies often require “prompt notice.” This is required even if the other driver was at fault.
2. Investigate the claim
The insurance company will assign a claims adjuster to investigate the accident. They will review evidence such as the police report, photos, witness statements, and medical records to determine liability and damages.
- Do not give a recorded statement to the other driver’s insurance company without consulting a lawyer. Your words could be used to minimize your settlement.
3. Determine fault
Colorado uses a modified comparative negligence system, which affects the amount you can recover if you were partly to blame for the crash.
- If you are 50% or less at fault, your compensation will be reduced by your percentage of blame. For example, if you were awarded $10,000 but found to be 20% at fault, your payout would be reduced by 20% to $8,000.
- If you are more than 50% at fault, you cannot recover any compensation from the other party.
4. Negotiate a settlement
After investigating, the at-fault driver’s insurance company may offer a settlement. An experienced car accident attorney in Colorado can help you negotiate for a fair offer that accounts for all your economic and non-economic damages, including:
- Medical bills (past and future)
- Lost income
- Property damage
- Pain and suffering
5. Consider a lawsuit
Most car accident cases settle out of court. However, if negotiations fail to produce a fair offer, you may need to file a lawsuit.
Statute of limitations in Colorado
There are strict deadlines for filing a lawsuit in Colorado.
- Personal injury: You generally have three years from the date of the car accident to file a personal injury lawsuit.
- Government entities: Claims against a government agency have a much shorter deadline in some instances.
Uninsured and underinsured motorists
With some drivers in Colorado being uninsured, having additional coverage is crucial.
- Uninsured Motorist (UM) Coverage: This optional but highly recommended coverage protects you if you are hit by a driver with no insurance or in a hit-and-run accident.
- Underinsured Motorist (UIM) Coverage: This covers you when the at-fault driver has some insurance, but it is not enough to cover your damages.
When to hire a lawyer
For minor accidents with minimal damage, you may be able to handle the claim on your own. However, you should consider hiring a personal injury lawyer if:
- You have suffered significant or serious injuries.
- The insurance company disputes fault or gives you a lowball offer.
- The at-fault driver is uninsured or underinsured.
- You are dealing with a claim against a government entity.
- Your case involves complex issues.
If in doubt, contact Kim Welch Law for a free consultation. You have nothing to lose and may gain some valuable insight. We can be reached at 888-590-5510 or https://kimwelchlaw.com/contact/.