As a personal injury attorney, Kim Welch and her team are prepared to help you understand different Colorado driving laws. Each state follows its own unique system when it comes to dealing with auto accidents. If you are involved in a car accident in Colorado, it is important to thoroughly understand the law and how it may affect your ability to seek compensation. Below, our team has explained whether or not Colorado is a no-fault state, and what that means for car accident victims.
How Do No-Fault Systems And At-Fault Systems Differ?
No-Fault States
States are divided into two categories: at-fault states and no-fault states. Did you know that up until 2003, Colorado was a no-fault state? In no-fault states, such as Florida and Utah, drivers are required to seek compensation from their own insurance company after a car accident. In no-fault states, drivers are usually granted no-fault benefits regardless of who is responsible for the car accident. Individuals are also usually only able to file a lawsuit against the other driver if they suffered serious injuries.
At-Fault States
Unlike no-fault states, when there is a car accident in at-fault states, drivers usually seek compensation from the insurance company of the driver who is responsible for the car wreck. Because Colorado is an at-fault state, if you are ever in a car accident, you must prove the other driver’s negligence or recklessness was the cause of the accident. This is a required step when trying to gain compensation from the driver’s insurance company.
How Do You Prove Negligence?
In at-fault states, such as Colorado, you are required to prove the other driver’s negligence was the proximate cause of the car accident. Negligence is when someone fails to use reasonable care, and it causes damage or injury to another person. There is a wide array of evidence you can use to prove someone’s negligence, including:
- Official reports of the accident.
- Pictures of the accident, as well as any damage to you or your vehicle.
- Eyewitness statements.
- Cell phone records.
- Traffic camera footage.
What Do I Do After A Car Accident?
It is crucial to follow the steps below after a car accident because these can have a significant impact on whether or not an insurance company will grant you compensation. When trying to establish that the other driver is at fault, make sure to:
- Seek Medical Attention
- The first thing you need to do after a car accident is to make sure a doctor examines your injuries. You will also want to ask for a copy of any medical records because this will help prove there is a connection between the car accident and your injuries.
- Contact A Colorado Car Accident Lawyer
- Once you get in touch with an experienced car accident lawyer, they will be able to take the appropriate steps to notify your insurance company of the car wreck. All communication should take place between your lawyer and the insurance company so that you do not accidentally say anything that could affect your chances of receiving compensation.
- Maintain Records
- It is important to keep records of any accident-related costs. This includes medical bills, lost potential earnings, and car repair invoices.
- Follow Doctor’s Orders
- Whatever your doctor recommends to help you heal and get better, make sure to follow directions precisely. Failing to follow your doctor’s orders could result in you not being able to recover full financial compensation.
Kim Welch Law Is Prepared To Fight For Your Car Accident Case
If you are in a car accident, make sure to get in touch with our team as soon as possible. We will make sure you understand your legal rights and will fight for you to receive the compensation you deserve. Our team is also able to answer any questions you have about the car accident and will explain who is at fault for the accident and why. If you or a loved one are in a car accident and seeking legal representation, please contact our office immediately.