Car Accident Attorneys in Boulder, CO
Car collisions are unexpected and can happen to us at any time. Most of us may expect others on the road to take the necessary precautions while driving.
Unfortunately, that is not always the case. Despite our best efforts to drive safely, we can’t control the behavior of others.
If you suffered injuries in a car collision in Colorado at the hands of a reckless or negligent driver, the law is on your side. As you recover from your injuries, a Boulder car accident lawyer works to build a strong case to get you the compensation you deserve.
At The Ferrell Law Firm, PLLC, our Boulder personal injury attorneys will guide you on the most common causes of car accidents and the damages you may be entitled to recover.
Common Causes of Car Accidents
Car accidents occur every day and for any number of reasons. Understanding the most common causes of car accidents could help you recognize the dangers ahead to avoid getting into a collision. These include:
- Driving under the influence of alcohol or drugs,
- Failing to yield to pedestrians or bicyclists,
- Refusing to obey traffic lights or signals,
- Changing lanes illegally,
- Speeding,
- Driving distracted, and
- Driving recklessly.
Collisions under these circumstances can leave innocent victims suffering substantial damage to their vehicles and catastrophic injuries that could take months or years to heal. A Boulder car accident lawyer investigates the cause of your accident to hold the proper party responsible for your damages.
What Are Common Car Accident Injuries?
Car accidents can result in a wide range of injuries, some of which may not be immediately apparent. Here are some of the most common injuries sustained in car accidents:
- Whiplash,
- Broken bones,
- Traumatic brain injuries (TBI),
- Spinal cord injuries,
- Internal injuries,
- Cuts and lacerations,
- Soft tissue injuries,
- Psychological trauma,
- Disfigurement,
- Scarring,
- Loss of limb, and
- Coma.
These are just some of the devastating injuries that can result from a car accident. It’s important to remember that each accident is unique, and other injuries may also occur. If you’ve been in a car accident in Boulder, it’s crucial to seek medical attention immediately. Even if you don’t feel injured initially, some symptoms do not manifest until later. So, it’s imperative to seek medical attention as soon as possible.
How Do I Prove My Car Accident Claim?
Negligence is the failure to act with the level of care a reasonable person would have in the same situation. Proving negligence involves four key elements:
- Duty of care. You must show that the other driver owed you a duty of care. In car accident cases, duty is usually straightforward since all drivers are expected to operate their vehicles safely and follow traffic laws.
- Breach of duty. You need to demonstrate that the other driver breached this duty of care. This breach may involve speeding, failure to signal, running a red light, texting while driving, or driving under the influence.
- Causation. It’s essential to prove that the breach of duty directly caused the accident and your injuries. You must show that your injuries would not have occurred if the other driver had not been negligent.
- Damages. Finally, you must show that you suffered actual damages from the accident. Recoverable damages might include medical bills, lost wages, pain and suffering, and property damage.
Proving fault in a car accident demands a strong understanding of Colorado law and the ability to present evidence effectively. A Boulder car accident attorney at The Ferrell Law Firm can help you build a solid case by investigating the accident scene, gathering evidence like police reports and witness statements, and consulting with experts if needed. We will handle all communication with insurance companies and advocate for your rights in settlement negotiations or at trial, working to secure the compensation you deserve.
What Are Colorado’s Car Insurance Laws?
Colorado, like most states, operates under a fault-based system for car accidents. This means the driver who caused the accident is responsible for paying for any damages. To ensure they can meet this financial obligation, all Colorado drivers must carry a minimum amount of liability insurance. This insurance covers bodily injury to others, death, and property damage.
- Bodily injury or death—$25,000 per person, $50,000 per accident.
- Property damage—$15,000 per accident.
While these minimums exist, it’s important to understand that they may not cover all losses in a serious accident. Additionally, Colorado law requires insurance policies to include $5,000 in medical payments coverage, which can help pay for your medical expenses regardless of who was at fault for the accident. You can also opt for uninsured/underinsured motorist coverage, which protects you if you’re in an accident with a driver who doesn’t have adequate insurance. Familiarizing yourself with these laws can help you understand your rights and options after a car accident.
Understanding the Legal Process After a Boulder Car Accident
After a car accident in Boulder, the legal process can be complex and overwhelming, especially if you’re dealing with injuries and recovery. Understanding the steps involved can help you feel more confident as you pursue your claim.
- Filing a claim. The first step is to file a claim with your insurance company or the at-fault driver’s insurance company. You’ll need to provide the basic details of the accident.
- Investigation. The insurance company will investigate the accident to determine liability. This investigation may involve reviewing evidence, speaking with witnesses, and assessing damage to the vehicles involved.
- Settlement negotiations. Once liability is determined, the insurance company may offer a settlement. It’s important to remember that the initial offer may be lower than what you’re entitled to, so you need an auto accident lawyer in Boulder to negotiate a fair settlement.
- Filing a lawsuit. You may need to file a lawsuit if you are unable to reach a fair settlement with the insurance company. Your car crash attorney will help you prepare your case, which may involve gathering additional evidence, consulting with experts, and building a strong argument for your claim.
- Discovery. During the discovery phase, both sides exchange information and evidence about the case. This exchange can include depositions, interrogatories, and requests for documents.
- Mediation or trial. If negotiation is unsuccessful, the case will go to trial, where a judge or jury will determine the outcome.
The Ferrell Law Firm can guide you through each step of the legal process following a car accident. We will help you file your claim, gather the necessary documentation, and negotiate with insurance companies for a fair settlement. If a satisfactory settlement cannot be reached, we will take your case to trial and present a strong argument on your behalf. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery while we work to secure the compensation you deserve.
How Is Fault Determined in a Car Accident?
In Colorado, most car accident victims can seek compensatory relief in a personal injury claim even if they contributed to causing an accident. Colorado follows a modified comparative negligence rule in car accident lawsuits.
Under this rule, a victim can recover at least a portion of their compensatory damages if their liability is determined to be less than 50%. For example, suppose you were involved in an accident where a speeding driver failed to stop at a red light.
However, a court determined that you were 20% responsible for the accident because you failed to use your blinker when you turned into the intersection. In that case, your potential compensation would be reduced by your share of liability.
Car accidents often involve multiple parties, making determining fault challenging. A car wreck lawyer at The Ferrell Law Firm can help you understand Colorado’s comparative fault laws and will thoroughly investigate your accident to assess liability accurately. We can work to help minimize your assigned share of fault and build a solid case to help you achieve maximum recovery.
What Damages Can I Recover?
Your Boulder car accident attorney can help you recover the compensation you and your family need and deserve. Colorado law permits injured victims to recover compensatory damages through economic and noneconomic damages.
Economic damages represent calculable losses, including the following:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
You generally need documentation to support your demand for economic losses. It’s essential to retain all copies of paperwork related to your accident and injury to provide to your attorney.
On the other hand, noneconomic damages represent intangible losses resulting from your injury’s psychological and emotional effects.
These damages represent the following losses:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent disfigurement or injury.
While you can pursue compensation for a wide array of damages, it’s important to know that Colorado law places limitations on certain types of recovery. Specifically, beginning in January 2025, Colorado law caps noneconomic damages like pain and suffering. This cap, adjusted periodically to account for inflation, limits the amount you can recover for these intangible losses. An experienced Boulder auto accident lawyer can help you understand the current cap and how it might affect your specific case.
What Are Exemplary Damages?
When a driver acts willfully or recklessly and causes an accident, a victim injured in that accident may also be entitled to exemplary damages. Exemplary damages, also known as punitive damages, are awarded independent of compensatory damages and seek not to make a victim financially whole after an accident.
Instead, they seek to punish a wrongdoer for their behavior. Colorado law imposes strict limitations on exemplary damages. Generally, the amount of exemplary damages awarded cannot exceed the amount of compensatory damages. However, there are exceptions. If the court finds that the at-fault driver acted with wanton and reckless disregard for the safety of others, it may increase the exemplary damages award to a maximum of three times the amount of actual damages. This often applies in cases involving drunk driving or extreme speeding. A car wreck lawyer in Boulder can analyze the facts of your case and determine whether punitive damages may be available in your situation.
How to Document Your Accident for Maximum Compensation
Accurate and thorough documentation is essential for securing the maximum compensation after a car accident. Here’s how you can effectively document the details of your accident:
- Photograph the scene. Capture images of the accident scene, including all vehicles involved, any visible injuries, road conditions, and surrounding traffic signs. Photographs provide visual evidence that can be critical to your claim.
- Obtain a police report. The official police report will contain vital details such as witness statements, the officer’s assessment of the situation, and any citations issued, all of which can support your case.
- Keep medical records. Maintain detailed records of all medical treatments, diagnoses, and associated expenses, as these documents will be crucial in proving the extent of your injuries.
- Collect witness statements. If there were witnesses to the accident, gather their contact information and ask them to provide statements about what they observed. Independent witness accounts can corroborate your version of events and add credibility to your claim.
- Document your personal experience. Keep a journal where you record the accident’s impact on your daily life. Include notes about your physical pain, emotional distress, and any limitations you experience in your day-to-day activities.
- Save all communication. Retain copies of all correspondence with insurance companies, including emails, letters, and notes from phone calls.
Taking these steps strengthens your case and ensures that no aspect of your experience is left out when determining your compensation. The Ferrell Law Firm can assist you in this process by organizing your medical records, obtaining the police report, and gathering any other relevant evidence. We can also help you demonstrate the full extent of your damages, including your pain and suffering, lost wages, and medical expenses.
Contact a Boulder Auto Accident Lawyer
At The Ferrell Law Firm, PLLC, when you’ve been injured, you receive the most aggressive and effective legal advocacy when you need it most. With an in-depth knowledge of the law, Mike Ferrell has always had a strong desire to help those in dire need.
Early in his career, Mike worked as a Deputy District Attorney in Arapahoe County, prosecuting hundreds of criminal matters. This prosecutorial experience arms Mike with the ability to spot weaknesses in a case and increase his clients’ chances of a favorable outcome.
If you suffered injuries due to someone else’s negligence, Mike will work tirelessly to obtain the maximum value for your case. Contact The Ferrell Law Firm, PLLC, by email or phone for a free consultation to learn how we can assist you on your recovery journey.
FAQs
What Steps Should I Take After a Boulder Car Accident?
After a Boulder car accident, follow these steps:
- Call 911,
- Seek medical attention,
- Collect evidence and witness contact details,
- Notify your insurance company, and
- Consult with car crash attorney.
These steps can significantly contribute to building a strong foundation for your claim and ensuring that all aspects of the accident are thoroughly documented and addressed.
Is It Necessary to Seek Medical Treatment Following a Car Accident?
It is highly advisable to undergo a medical examination after being involved in a car accident.
Prioritizing your health is crucial. The shock and trauma from the accident may mask the extent of your injuries. A medical professional can accurately assess your condition, identify any injuries, and suggest appropriate treatment to aid your recovery.
Additionally, if you plan to pursue a claim against the driver responsible for the accident, having immediate medical documentation of your injuries can significantly strengthen your case.
Remember, obtaining a medical evaluation is beneficial regardless of the outcome. If no injuries are found, that’s a relief. But it’s always better to be safe and informed about your health status.
Can I Pursue a Claim If My Injuries from the Accident Seem Minor?
Yes, even minor injuries may justify a claim. In Colorado, what appears to be a minor injury could develop into something more serious, such as whiplash or a concussion. It’s essential to seek medical evaluation and legal advice after any car accident, regardless of initial severity. Don’t underestimate the potential long-term effects of seemingly minor injuries. Contact us for assistance understanding the full extent of your injuries and pursuing fair compensation.
What Is the Timeframe for Filing a Claim in Colorado?
In Colorado, the period for filing a claim is governed by the statute of limitations. For auto accident claims, this period is typically three years. However, several exceptions may alter this duration, often resulting in a shorter timeframe. It’s important to act promptly to protect your rights. We encourage you to contact us to understand the specific time limit that applies to your case. Our team will provide this information without any cost to you.
How Does Colorado’s Insurance System Affect My Car Accident Claim?
Colorado operates under an “at-fault” system, meaning the driver responsible for the accident must cover the damages. This is generally through their insurance or personal assets. If the at-fault driver’s insurance isn’t sufficient, you may use your own uninsured/underinsured motorist (UM/UIM) coverage. Understanding how to maximize your insurance coverage can be confusing. We can help you identify all available avenues for obtaining compensation.
What Should I Do If I Am Partially Responsible for a Car Accident?
It’s common for multiple parties to share responsibility in a car accident. For instance, you might bear some fault if you didn’t yield properly while the other driver exceeded the speed limit.
In Colorado, car accident victims can seek compensatory relief in a personal injury claim even if they contributed to causing an accident. Colorado follows a modified comparative negligence rule in car accident lawsuits. Under this rule, victims can recover at least a portion of their compensatory damages if their liability for the accident is less than 50%.
Suppose you were involved in an accident where a speeding driver failed to stop at a red light. However, a court determined that you were 20% responsible for the accident because you failed to use your blinker when you turned into the intersection. In that case, your potential compensation is reduced by your share of liability. If you are concerned about your degree of responsibility in an accident, seeking legal advice is essential. An attorney can help you understand how Colorado’s comparative negligence laws apply to your situation and work to protect your rights.
What If the Insurance Company Offers a Settlement Shortly After My Accident? Should I Accept It?
Insurance companies often propose quick settlements before the extent of your injuries is clear. Accepting one too soon could limit your ability to recover more compensation later. It’s best to consult with an attorney before accepting any offer. Evaluating any settlement offer carefully is essential to ensure it adequately addresses your current and future needs. We can review the offer and guide you on the best course of action.
Do I Need a Boulder Car Accident Attorney to Pursue My Claim?
An experienced Boulder car accident lawyer can significantly improve your chances of a favorable outcome. Car accident claims can quickly become complicated, especially when dealing with severe injuries, multiple parties, or disputes over liability.
An attorney can handle the following critical tasks:
- Evaluating your claim. An experienced lawyer will assess the full extent of your damages, including medical bills, lost wages, and pain and suffering. This comprehensive evaluation is crucial to ensuring you pursue the maximum compensation available.
- Proving liability. Establishing fault in a car accident case often requires a detailed investigation, including gathering evidence, interviewing witnesses, and working with experts. An attorney can build a solid case to demonstrate the other party’s negligence.
- Negotiating with insurance companies. Insurance companies may try to minimize your payout or deny your claim altogether. An attorney is skilled in dealing with insurers, ensuring you receive a fair settlement that reflects your losses.
- Representing you in court. If your case goes to trial, having an attorney represent you is essential. They will present your case, argue on your behalf, and advocate for your rights before a judge or jury.
While having an attorney is not mandatory, their legal expertise and support can be invaluable. They help you navigate the complexities of the legal process, allowing you to focus on your recovery while they work to secure the best possible outcome for your claim.
How Much Is My Car Accident Case Worth?
The value of your car accident case depends on several factors, including:
- Injury severity,
- Medical expenses,
- Lost wages,
- Pain and suffering, and
- Liability.
Since every case is unique, it’s essential to consult with an experienced Boulder car accident attorney who can evaluate your case and provide an estimate of its potential value.
How Long Will My Case Take?
The duration of a car accident case can vary widely depending on several factors:
- Case’s complexity,
- Clear determination of liability,
- Willingness to settle, and
- Court schedules.
Your attorney can provide a more accurate estimate of how long your case might take based on the specific details of your situation.
Resources
State of Colorado, Mandatory Automobile Insurance in Colorado, link.
Colo. Rev. Stat. 13-21-102.5, Limitations on damages for noneconomic loss or injury, link