Personal Injury — Motor Vehicle Accidents
Colorado Motor Vehicle Accident Attorney
Someone is involved in a car accident every ten seconds in the United States. If you were injured in a Colorado crash, you have rights — and a limited window to protect them. Call Jason Savela today.
The Most Common Personal Injury Case — and the Most Mishandled
Motor vehicle accidents are the most common personal injury cases in courts today. In Colorado, drivers must use the amount of care a reasonable person would employ under the circumstances. Negligence — failing to use that reasonable care — can make a driver liable for your injuries, medical expenses, lost income, and pain and suffering. To recover, you must show that you were injured, that the other driver was negligent, that their negligence caused the accident, and that the accident caused your injuries. An experienced personal injury lawyer protects your interests from the moment of the crash through final settlement or verdict.
What to Do After a Motor Vehicle Accident
Immediately After
- Stop. In most states, leaving the scene — even in a minor accident — is a criminal offense.
- Check for injuries. Do not move an injured person. Call police and an ambulance if necessary.
- Turn on hazard lights and set out road flares to alert other drivers.
- Exchange name, address, phone, driver's license number, license plate, insurance company, policy number, and agent contact with the other driver.
- Get contact information from any witnesses.
- Do not admit fault — even if you think the accident may be your fault. An admission may be used against you.
When Police Arrive
- Cooperate fully and stay at the scene until police release you.
- Tell police only the facts. Do not draw conclusions or speculate about fault.
- Get the officer's business card and the incident number so you can obtain the accident report later.
Soon After
- See a doctor immediately — even if you feel fine. Many injuries are not apparent right away. Delayed treatment gives insurers grounds to argue your injury was unrelated to the crash.
- Tell your doctor about any memory loss, confusion, headaches, dizziness, blood or fluid in your ear, ringing, or nausea.
- Photograph your injuries and vehicle damage.
- Collect all insurance policies and notify your insurer of the accident.
- Do not give recorded statements to any insurance company — including your own — without speaking to a lawyer first.
In the Days That Follow
- Write down all details: license numbers, vehicle makes and models, date, time, location, road conditions, traffic signals, and weather.
- Document all injuries and losses: medical expenses, transportation costs, expected future treatment, lost earnings, and the effect on your daily life and family.
- Keep a diary describing how your injuries affect you each day — this is powerful evidence for compensation.
- Contact a personal injury lawyer before signing any checks, releases, or documents from any insurance company.
Theories of Liability
Determining who is legally responsible for a motor vehicle accident requires analyzing multiple sources: state traffic laws, police reports, witness statements, and the specific facts of the crash.
Negligence
Most motor vehicle accident claims are based on negligence — failing to use the care a reasonable person would use. Courts consider many variables, including: failing to follow traffic signs and signals, disobeying traffic laws, driving on the wrong side of the road, neglecting to signal a turn, driving faster or slower than the speed limit, ignoring traffic or weather conditions, driving under the influence of alcohol or drugs, and texting or other inattentive driving.
Recklessness
A driver may be held responsible if they acted recklessly — driving unsafely with willful and wanton disregard for the possibility of causing an accident. Road rage is a common example: between 1990 and 1997, nearly 13,000 people were injured or killed in accidents caused by aggressive driving. Reckless driving can also result in criminal charges in addition to civil liability.
Drunk Drivers
In a drunk driving accident, the drunk driver is responsible for injuries and damages. In many states, a bar or social host who served alcohol to an obviously intoxicated person may also share liability. Every 30 minutes, someone in the US dies in an alcohol-related accident. An experienced personal injury lawyer will identify every potentially liable party.
Automotive Technicians
If an auto mechanic failed to correctly repair a vehicle and that improper repair caused the accident, the mechanic and their employer may be held negligent and liable for injuries and property damage.
Product Manufacturers
If a defect in the vehicle itself — brakes, tires, steering, airbags — caused or contributed to the accident, the manufacturer may be liable under product liability law, separate from any negligence by the driver.
Government Entities
Dangerous road conditions — poor signage, defective traffic signals, unrepaired hazards — can make a government entity liable for accidents they cause. These claims have special procedural requirements and shorter deadlines.
Injuries and Compensation
A person injured in a car accident can be compensated for the actual costs of medical expenses, property damage, economic damages such as loss of income, and physical and emotional pain and suffering.
Medical and Rehabilitative Expenses
All past and reasonably foreseeable future costs of medical treatment, hospitalization, surgery, physical therapy, and rehabilitation.
Lost Income
Both past lost wages and future loss of earning capacity if your injuries prevent you from returning to your prior work.
Pain and Suffering
Physical and mental pain and suffering caused by the accident and your injuries, including ongoing chronic pain.
Permanent Injury or Disfigurement
Compensation for permanent impairment, disability, or scarring that affects your quality of life going forward.
Loss of Enjoyment of Life
Compensation for the ways your injuries prevent you from enjoying activities and experiences you had before the accident.
Loss of Consortium
Your spouse may also be eligible for compensation for harm to the marital relationship — loss of companionship, affection, support, and assistance — caused by your injuries.
Property Damage
Repair or replacement of your vehicle and any other personal property damaged in the accident.
A prior injury does not bar you from compensation. You may still recover for worsening or aggravating an existing condition.
Insurance Claims Tips
- Contact a lawyer before talking with any insurance person. While you need to report to your insurance, you should wait to discuss with a lawyer first. If you wish you can simply report a crash, location, date, and time. You should wait until you are thinking clearly before talking with any insurance.
- Take detailed notes of all conversations: names, phone numbers, job titles, and supervisors.
- Keep receipts for all expenses connected to the accident from the time of the crash through final settlement.
- Do not allow written or recorded statements until you understand your policy. The insurance company cannot require you to allow recording.
- Check whether other policies cover your claim — homeowner's, umbrella, or credit card coverage may apply.
- Do not accept the insurer's estimate without scrutiny. Their estimator's figures may be lower than actual repair or replacement costs.
- Do not sign any releases or waivers without advice from a lawyer. Early settlements often leave money on the table.
- Be aware of time limits. Most policies require a signed proof of loss within a set period. Contact a lawyer immediately if your claim has not been fairly adjusted within eleven months of the accident.
- Do not accept any check marked 'final payment' unless you are ready to accept a final settlement.
Uninsured and Underinsured Drivers
Many drivers ignore insurance requirements, cannot afford coverage, or carry less than the minimum needed to fully compensate an injured person. Uninsured motorist coverage pays for injuries caused by a driver with no insurance — including hit-and-run accidents. Underinsured motorist coverage pays the difference when the responsible driver's policy is not enough to cover your injuries. To collect, you must prove your injuries and the other driver's responsibility, and — for underinsured claims — exhaust the other driver's policy first. Do not settle with the other driver's insurer before consulting a lawyer: some policies will not pay underinsured benefits if you have already settled.
No-Fault Insurance
Colorado is not a no-fault state — fault matters here. In no-fault states, each driver submits a claim to their own insurer regardless of who caused the accident. Colorado uses a fault-based system, meaning the responsible driver's insurer pays compensation. However, if you have been in an accident in a no-fault state or if your policy includes Personal Injury Protection (PIP) coverage, different rules may apply. An experienced personal injury lawyer will analyze your specific policy and the laws of the state where the accident occurred.
Frequently Asked Questions
Related Practice Areas
Injured in a Colorado Car Accident?
Do not speak to the other driver's insurance company without legal representation. Call Jason Savela for a free consultation — there is no fee unless we recover for you.
Call (720) 821-1001