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After a car accident, it is difficult to know what to expect. The Law Office of Jennifer L. Donaldson has provided a list of frequently asked questions about car accidents. Jennifer Donaldson and the Law Office of Jennifer L. Donaldson welcome the opportunity to answer any specific questions about your case.
Contact the Law Office of Jennifer L. Donaldson at (303)-458-5000 or submit an online form to receive a confidential review of your case.
If you or a loved one has been injured in a car accident, it can be a confusing and frustrating experience. Jennifer Donaldson with the Law Office of Jennifer L. Donaldson will be there to guide you through the entire process. The Law Office of Jennifer L. Donaldson has extensive experience with all types of car accidents, including rear-end collisions, hit and run accidents, reckless driving accident, and more.
Contact the Law Office of Jennifer L. Donaldson or submit an outline form to schedule a confidential consultation. Jennifer Donaldson proudly represents individuals throughout Colorado, including Denver, Boulder, Longmont, Lakewood, Arvada, Aurora, Thornton, Westminster, Centennial and Littleton.
A driver or drivers may are determined to be “at fault” in a car accident if their negligence contributed to the accident. Colorado is a modified comparative fault state.
This means each party is responsible for only their percentage of negligence. If a plaintiff is found to be more than fifty percent at fault, he or she is barred from recovery.
The at-fault driver is typically responsible for the damage caused by his or her negligence. This can include medical costs, lost wages, property damage, and pain and suffering. The exact type of damage an at-fault driver is responsible for depends on the facts of the case.
A driver who sustained damage as a result of an accident with an at-fault driver has several options when attempting to recoup damages, including:
It totally depends on the facts of the case. Car accidents may have several contributing factors, including inclement weather conditions, speeding, road conditions, and other drivers. However, there are some accidents where insurance companies will not dispute who is at fault.
Generally, fault is clear in rear end accidents and left-turn accidents.
Rear-end accidents/collisions: In a simple rear-end collision situation, the driver who rear ends the other is considered negligent and at-fault for the accident or at least partially negligent.
According to (C.R.S. 42-4-1008(1), a driver shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of the highway. Under normal conditions, drivers should use the three second rule.
It is generally accepted than the driver that causes the rear-end collision did not adhere to this rule and is negligent. However, there are exceptions, including chain reaction accidents and accidents caused by erratic driving or sudden stops by the lead driver.
Left –Turn Car Accidents: Generally, the driver making a left turn is considered at-fault when he or she collides with a driver driving straight. Most street signs require the left-turning driver to yield to oncoming traffic. Failure to adhere to this street sign can result in a car accident.
There are exceptions to this general rule, including when the left-turning driver has the “right of way” or signal to turn left. Generally, the straight, oncoming driver is running a red light or otherwise violating a traffic signal.
It is common for the at-fault driver’s auto insurance to not cover all the damages occasioned by an at-fault driver, especially medical costs. The other driver may incur serious injuries in an accident and need to recoup the cost or be compensated for the following:
The costs of the aforementioned damages generally exceed the coverage of the at-fault driver’s private insurance. When this is the case the other driver must file a lawsuit against the at-fault driver. The other driver must act quickly following an accident. Colorado law requires a driver file the lawsuit within three years of the accident.
Generally, the other driver can file a lawsuit against the at-fault driver. However, it is important to do so within three years of the accident and before signing a release of legal recourse against the insurance company.
The state of Colorado has a statute of limitations (SOL) of three years for actions related to an automobile acicdent. A statute of limitation is the time constraint during which an individual may file a lawsuit. The other driver may file a lawsuit against an at-fault driver within three years of the date of the accident.
Generally, an insurance company will make an offer of a specific amount to a driver to compensate for all the damage occasioned by the at-fault driver. Should the other driver accept the other, generally signs a document provided by the insurance company. There is generally a clause releasing the insurance company from further liability and prohibiting the other driver from bringing a lawsuit later for the same cause of action.
It is highly recommended to consult an experienced personal injury attorney following an accident during which you suffered injuries. Leave the negotiating to an experience attorney. An experienced personal injury attorney will know whether the insurance company offer is fair or whether pursing a lawsuit is a better option.
An auto accident can be a frightening and disorienting experience. It is important to take the following steps after an accident.
Each individual car accident is different and will require different legal action. It is highly recommended to consult an experienced car accident attorney following your accident. Jennifer Donaldson of the Law Office of Jennifer L. Donaldson has 28 years of experienced helping car accident victims record what they loss.
She proudly represents car accident victims throughout Colorado, including Denver County, Boulder County, Jefferson County, Adams County, Arapahoe County, and the surrounding areas.
Contact the Law Office of Jennifer L. Donaldson at (303)-458-5000 or submit an online form to schedule a confidential consultation.