Each year, thousands of car accidents occur on Colorado’s roads, many with devastating consequences. In the first half of 2024 alone, the Colorado Department of Transportation reported 294 fatalities.
Car accidents can leave you feeling uncertain about what to do next, but taking the right steps immediately is critical. In Colorado, it’s essential to protect your health, gather evidence, and take action to secure the compensation you deserve. Every choice you make following an accident can affect your ability to recover damages and hold the responsible parties accountable. Acting promptly and following a clear plan reduces the risk of claim denial and other challenges.
If you’ve been injured, focus on your safety and immediately seek medical attention. Once your immediate health needs are addressed, document the scene, report the accident to your insurance provider, and learn about your legal rights.
Consulting a Boulder car accident attorney early in the process can help you determine what to do after a car accident and recover compensation while you focus on healing. While this is undoubtedly a difficult time for you and your family, it’s also an important one, as the timeframe to file a Colorado car accident claim is limited.
Focus on Safety First
Your safety is the most immediate concern after an accident. If possible, move your vehicle out of traffic and use hazard lights to warn other drivers. Check yourself and others for injuries, and call 911 to ensure medical assistance and law enforcement are dispatched. Colorado law requires accidents involving injuries, fatalities, or significant damage to be reported to the police.
Prompt medical attention is vital, even if you feel unharmed. Some injuries, such as internal damage or whiplash, might not appear right away. Seeing a doctor protects your health and creates a record linking your injuries to the crash. This documentation is crucial for your claim.
Collect Evidence at the Scene
Building a strong case starts with collecting evidence. If it is safe to do so, take pictures of vehicle damage, the road, weather conditions, skid marks, and anything else that may have contributed to the accident. Document visible injuries and gather contact information from all involved parties, including names, addresses, phone numbers, insurance details, and license plate numbers.
Speak with any witnesses and obtain their contact information. Witness statements often carry significant weight in determining fault. Request a copy of the police report as soon as it becomes available, as it provides an unbiased account of the incident.
Notify Your Insurance Company
Colorado law requires you to report car accidents to your insurance company promptly. When speaking with your insurer, provide accurate details about the crash but avoid admitting fault or speculating about injuries. Insurance companies often look for reasons to minimize payouts, so focus on the facts and let the evidence speak for itself.
Drivers in Colorado must carry a minimum of $25,000 in bodily injury liability coverage per person, $50,000 per accident, and $15,000 in property damage coverage. If the at-fault driver lacks adequate insurance, your own policy may include uninsured or underinsured motorist coverage, which can help cover your losses.
Gather Evidence to Avoid Issues with Colorado’s Modified Comparative Negligence Rule
In Colorado, fault plays a critical role in determining compensation. Under the state’s modified comparative negligence rule, you can recover car accident damages only if you are less than 50% at fault for the accident. If you bear partial responsibility, your compensation will be reduced by your percentage of fault.
For example, if you are involved in an accident and suffer $10,000 in damages but are found 30% at fault, you would receive $7,000 under Colorado’s modified comparative negligence rule. However, If you were 50% or more at fault, you cannot recover compensation at all.
Because of this rule, it is imperative that you gather evidence not only to support your claim but also to refute a possible claim by another driver that you were at fault.
Meet the Statute of Limitations
Colorado’s statute of limitations for personal injury claims resulting from car accidents is three years from the date of the crash. If you miss this deadline, your case will likely be dismissed, and you will lose your chance to recover damages. Acting quickly protects your legal rights and ensures that evidence is fresh and witnesses are easier to locate.
Why Acting Quickly Matters
Every moment after a car accident is an opportunity to preserve your claim. Delaying medical attention or failing to document evidence can weaken your case and give insurance companies room to dispute or deny your claim. On the other hand, promptly reporting the accident to your insurer, obtaining a police report, gathering important evidence from the scene, and consulting legal counsel help to strengthen your case and increase your possible compensation.
Acting quickly also helps preserve vital evidence, such as photos of the scene, witness statements, and medical records, all of which play a critical role in proving your case. Waiting too long could result in faded memories, lost documentation, or missed legal deadlines.
If you’ve been injured, understanding your legal rights and taking proactive steps can make the difference between recovering the compensation you need and having your claim denied. Taking immediate action not only protects your rights but also helps you focus on recovering from the physical and emotional toll of the accident.
Discuss Your Accident with an Experienced Colorado Personal Injury Attorney
Knowing what to do after a car accident is crucial, so if you were recently hurt in an accident, it is important you understand your rights and what you need to do to protect them. At The Ferrell Law Firm, PLLC, we take pride in aggressively representing the interests of accident victims. We recognize that the aftermath of a serious accident is chaotic, and it can feel as though your life’s been turned upside down.
We’re here to help you through this difficult time, offering you a knowledgeable, compassionate advocate who can ensure your best interests are looked after. To learn more and to schedule a free consultation today, call The Ferrell Law Firm, PLLC. You can also connect with our Colorado personal injury attorney by completing our secure online contact form.
References:
Colo. Rev. Stat. § 13-21-111, link.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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