Car accidents are never part of the plan. If you’re reading this, you’re likely seeking steps on what to do after a car crash in Colorado. At The Ferrell Law Firm, PLLC, we aim to help you focus on your well-being and recovery. Here, we outline practical steps to protect your interests and move forward after the accident.
What to Do When You Get into a Car Accident
When you’re involved in a car accident, the immediate aftermath can be chaotic. However, knowing what to do when you get into a car accident can help you stay focused.
Make Safety Your First Priority
Check yourself and others for injuries, and if possible, move to a safer location. If anyone appears seriously hurt, call 911 immediately. Keeping everyone safe is the top priority before addressing other matters.
Report the Accident
Colorado law requires you to report accidents involving injuries or significant damage, even if the accident seems minor. Call the police to document the scene, as their report will be helpful for your insurance claim. An official report ensures key details are recorded for future reference.
Gather Information and Evidence
Use your phone to take pictures of the accident scene, vehicle damage, road conditions, and any visible injuries. Exchange contact and insurance information with the other driver(s). If there are witnesses, ask for their contact details, as they might be valuable for your case.
Seek Medical Attention
Even if you feel okay, it’s wise to see a doctor. Some injuries, like whiplash or concussions, may not show symptoms immediately but will worsen later. A medical exam helps ensure your health and provides essential documentation for your claim.
Notify Your Insurance Company
Contact your insurance provider to report the accident, but keep your initial statement brief. It’s best not to discuss details or provide a recorded statement until you’ve spoken with a Boulder car accident attorney. This helps prevent misunderstandings that could affect your claim.
What to Do in the Days Following a Car Accident
After the immediate steps are addressed, the next few days after a car accident are about focusing on your recovery and preparing your case. Here’s how you can strengthen your claim.
Follow Medical Advice
Attend all recommended follow-up appointments and follow your doctor’s advice closely. This helps you heal and shows you are taking your injuries seriously. Save all medical records, treatment notes, and receipts to support your claim.
Track Accident-Related Expenses
Start a log for expenses related to the accident, such as medical bills, repair costs, and missed workdays. This can be done using a notebook or even a note on your phone. Having clear documentation helps ensure that you seek fair compensation.
Speak with a Colorado Car Accident Lawyer
Consulting with a lawyer early on can be beneficial for your case. A lawyer can handle communication with insurance companies, gather additional evidence, and help you understand what to do when you get into a car accident. This lets you focus on your recovery while knowing your claim is in good hands.
Understanding the Legal Process After a Car Accident in Colorado
After a car accident, understanding how Colorado’s legal process works can help you move forward with your claim. There are several important aspects of this process to be aware of.
Mandatory Reporting of Accidents
In Colorado, any accident that results in injuries or significant property damage must be reported to the police. This step might feel like just another formality, but it creates an official record of the incident. The police report is an essential piece of evidence that can support your claim by documenting key facts, such as the location, weather conditions, and any witness statements.
Modified Comparative Negligence Rule
Colorado’s modified comparative negligence rule allows you to recover compensation even if you share some responsibility for the accident. However, you must be less than 50% at fault to receive compensation. For example, if you’re found to be 20% responsible, your total recovery is reduced by that percentage. So, if your damages are $100,000, you would receive $80,000.
Statute of Limitations
In Colorado, you generally have three years from the accident to file a personal injury claim. However, shorter deadlines may apply in cases involving government entities or specific circumstances. Missing the deadline could prevent you from pursuing compensation, making it essential to act sooner rather than later.
How Fault Is Determined and What You Can Do About It
Colorado is an at-fault state, meaning the driver responsible for an accident is liable for damages. Establishing fault involves gathering evidence to identify what caused the crash and hold the right party accountable for compensation.
Driver Negligence
Driver errors like speeding, running red lights, or distracted driving cause most accidents. When drivers break traffic laws or act recklessly, they can be held accountable for damages. Your attorney will gather police reports, witness statements, and other evidence to support your claim.
Third-Party Liability
In certain situations, accident responsibility can extend beyond the driver. If the driver was working when the accident occurred, their employer might also be liable. Issues like faulty vehicle parts or poor road conditions could shift some responsibility to manufacturers or government entities.
Hit-and-Run Accidents
Hit-and-run cases are difficult, as it may not be possible to identify the responsible driver. You can still seek compensation through uninsured motorist coverage while working with police to document the incident. An attorney can help gather evidence, such as surveillance footage or witness accounts, to support your claim.
One of the most important steps after a car accident is consulting an attorney as soon as possible. Your attorney will help you determine potentially liable parties and how to hold them legally liable.
What Not to Do After a Car Accident
While knowing what to do after a car accident is essential, it is equally important to understand what not to do. Making the wrong move could impact your ability to recover compensation.
Avoid Admitting Fault
Even if you may have contributed to the incident, avoid admitting fault at the scene. Because of Colorado’s modified comparative negligence rule, your compensation may be reduced if you are found partially responsible. Let insurance companies and legal professionals determine liability.
Do Not Post on Social Media
Insurance adjusters and opposing attorneys may monitor social media accounts. Avoid discussing the accident, injuries, or claim online. Even seemingly harmless posts could be taken out of context to challenge a case.
Do Not Delay Medical Treatment
Even if you feel fine, seek medical attention promptly. Some injuries, like whiplash or internal trauma, may not present symptoms immediately. Delaying treatment can harm your health and make it harder to prove your injuries resulted from the crash.
Avoid Accepting the First Settlement Offer
Insurance companies often make quick settlement offers that fail to cover full losses. Before agreeing to anything, consult an attorney to ensure fair compensation.
Do Not Provide a Recorded Statement Without Legal Advice
Insurance adjusters may request a recorded statement. Be cautious—statements may be used to minimize or deny claims. Speak with an attorney before providing any recorded details.
What Compensation Can You Recover After a Colorado Car Accident?
If you suffered an injury in a car crash in Colorado, you may have the right to recover compensation for various losses. Knowing what damages you can claim helps ensure you receive full and fair compensation.
Economic Damages
Economic damages are tangible financial losses directly resulting from the accident. These include:
- Medical expenses—compensation may cover emergency care, hospital stays, surgeries, prescription medications, rehabilitation, and ongoing treatment;
- Lost wages—if injuries prevent you from working, lost income, including wages, benefits, and potential future earnings may be recoverable;
- Property damage—repairing or replacing a totaled vehicle may be covered along with reimbursement for damaged personal property;
- Rehabilitation and therapy costs—physical therapy, occupational therapy, and other rehabilitative treatments essential for recovery; and
- Out-of-pocket expenses—travel costs for medical appointments, home modifications for disabilities, and expenses for assistive devices like wheelchairs or crutches.
You can generally quantify and show economic damages through receipts, invoices, pay stubs, tax returns, and similar forms of documentation.
Noneconomic Damages
Noneconomic damages are more subjective, compensating for the emotional and psychological toll of the incident, and include:
- Pain and suffering—compensation for physical pain and discomfort caused by injuries;
- Emotional distress—anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects impacting daily life may be considered;
- Loss of enjoyment of life—damages awarded for injuries that prevent participation in activities or hobbies once enjoyed; and
- Loss of consortium—compensation may be available for loss of companionship and support when injuries negatively impact a spousal relationship.
Proving noneconomic damages can be more difficult due to their subjective nature. An experienced car accident attorney can review the facts of your case and help you determine an appropriate amount.
Punitive Damages
Punitive damages may be awarded to punish the at-fault party and deter similar reckless behavior in cases involving extreme negligence, such as a drunk driving accident. These are rare and typically require clear evidence of egregious misconduct.
A qualified attorney can help ensure you don’t settle for less than what your case is worth, guiding you toward a fair resolution that reflects the full impact of your injuries.
Have Questions About What to Do After a Car Crash?
If you’re unsure about what to do after a car crash, let’s talk. Our founding attorney, Mike Ferrell, has a unique background as a former prosecutor, which gives him an edge in handling car accident cases. He knows how to investigate claims thoroughly, identify key evidence, and anticipate potential arguments from insurance companies. This experience allows him to build strong cases that can help maximize your compensation.
Call The Ferrell Law Firm, PLLC, today for a free consultation, and let’s take the next step together.
Frequently Asked Questions About What to Do After a Car Accident in Colorado
What If the Other Driver Was Uninsured?
If the at-fault driver lacks insurance, you may still have options. If you have uninsured/underinsured motorist (UM/UIM) coverage, your policy may compensate for losses, including medical expenses and lost wages. However, insurance companies may attempt to minimize payouts.
An experienced attorney can negotiate on your behalf and explore other potential sources of compensation, such as holding a third party responsible for the accident or seeking restitution through legal action.
Should I Hire a Lawyer for a Car Accident in Colorado?
While not legally required, hiring a lawyer can significantly improve your chances of securing maximum compensation. Insurance companies employ adjusters and attorneys who work to reduce the amount paid on claims. A car accident attorney understands Colorado’s laws, can assess the true value of your claim, negotiate with insurance companies, and handle legal proceedings.
What Should I Do If the Other Driver Leaves the Scene?
If the at-fault driver flees the scene, try to gather as much information as possible. Note the vehicle’s make, model, color, and any part of the license plate number you can remember. Look for witnesses who may have seen the incident and obtain their contact information.
Call law enforcement immediately to file a police report, as hit-and-run accidents are taken seriously. Additionally, your uninsured motorist coverage may help cover your damages. Consulting a lawyer can help ensure you explore all available legal options.
Can I File a Claim If I Was a Passenger in the Accident?
Yes. Passengers injured in a car accident may file a claim against the at-fault driver’s insurance or, in some cases, their own policy. If multiple parties were involved in the crash, an attorney can help determine liability and ensure you receive compensation for your medical expenses, lost wages, and pain and suffering. If the driver of your vehicle was responsible, you may also have a claim against their policy.
What Happens If Weather Contributed to the Accident?
Drivers are expected to adjust their driving to match weather conditions. If another driver acted negligently—such as by speeding on icy roads, failing to use headlights in fog, or disregarding dangerous conditions—you may still have a valid compensation claim. Even if weather played a role, negligence can still be a factor.
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.
Loading...