When two people are involved in car accidents, one driver will be generally responsible for the damages suffered. Collecting on these damages can be tricky when it comes to battling in court, however, and you need help to prove negligence and get the compensation you deserve.
It’s important to understand how negligence and fault are determined, and how this affects the damages to which you’re entitled. Learn what to expect during an auto accident case, how it will proceed, and how the services of a Pueblo auto accident attorney can help.
Fault in a car accident is based on the legal concept of negligence. Every driver has a duty to act responsibly and not place other drivers in danger. Negligence means that someone violated that duty by doing something that a reasonable person wouldn’t have done, and that action caused an accident which resulted in someone else getting hurt.
These are the three elements that have to be proven for you to collect damages for your injury. Of course, the other side usually will fight back, with their insurance company and attorneys even claiming that you were the one at fault.
Contributory or Comparative Negligence
Colorado has a doctrine of comparative negligence. This means that in some cases a driver may not be 100% at fault for an accident, but both drivers might share responsibility. The degree to which you can collect damages is directly related to the degree of responsibility you share in the incident.
Consider, for example, a car accident where you suffer $100,000 in damages. When the case is argued before the courts, it’s found that the other driver is responsible, but not entirely. You also did something to contribute to the incident. The final judgment shows that the other driver bore 80% of the responsibility and you bore 20%. This means your damage award will be reduced by 20%, and you will be awarded $80,000 of the full damages.
Insurance Companies and Payment
Insurance companies are businesses and they don’t make a profit by paying out huge settlements. As such, they’ll do anything they can to reduce the amount of money they have to pay. This could include trying to strong-arm you into signing lowball offers, or claiming you’re not as badly hurt as you claim. They might even try to show that the accident was entirely your fault. It can be stressful and difficult trying to fight back, especially if you don’t have the right help.
Calling a Pueblo Auto Accident Attorney
If you need help pursuing your auto accident claim in Colorado, contact the services of a Pueblo auto accident attorney for help. Attorneys like those at Heuser & Heuser have spent years protecting the rights of people against insurance company non-payment tactics and getting the compensation deserved.
If you’ve suffered an auto accident in Colorado and need help getting the compensation you deserve, we can help. There’s no fee for our services unless we win your case, and we can offer you a free evaluation of your case at no obligation. Get in touch with us for help today!