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Colorado Personal Injury Laws

Reporting a Denver Personal Injury Accident

If you’ve been involved in a personal injury accident in Denver, Colorado, it’s important to report the incident to the police. You can do this by filling out the state’s accident report or downloading the report online. However, there are a few requirements for reporting an accident online in Colorado:

• There were no injuries or fatalities in the accident
• There was no damage to public property
• None of the parties were under the influence of drugs or alcohol
• The accident was not a hit and run
• All parties involved can provide their information

If a police officer comes to the scene of the accident, their report will be sufficient. When the police arrive, be sure to answer their questions, but only stick to the facts and do not admit liability. The police report may be useful to your Denver personal injury attorney for various reasons, such as informally negotiating with an insurance carrier or opposing counsel in a personal injury dispute. It’s worth noting that the police report is generally not admissible in civil court, but it can be persuasive.

How to Obtain a Police Report

To obtain a copy of your Denver personal injury police report, you can contact Colorado’s Department of Motor Vehicles (DMV). The DMV keeps copies of police reports for seven years. To request a copy of your report, you’ll need to send a letter to the DMV with the following information:

• Your name
• Date of the accident
• Date of birth
• Mailing address
• A check to the DMV for $2.20 or $2.70 if you need a certified police report

The police report will include important information such as the date, time, location, and weather conditions of the accident, as well as the names, phone numbers, and statements of other people involved in the accident or any witnesses. It will also include the officer’s initial assessment of fault, which includes a written narrative of the details and causes of the accident and may include a diagram. Possible causes of the accident could include negligence, violation of a vehicle code, or use of drugs or alcohol.

In addition to filing a police report, it’s also important to notify your insurance company of the accident. Under Colorado law, all insurance policies require policyholders to notify their insurer of a claim as soon as possible following an accident or lawsuit. Some policies may also require notification within 24 hours after a hit-and-run accident. Most insurance liability policies also require policyholders to cooperate with the insurer’s investigation, defense, and settlement of the claim. If you fail to cooperate, you may forfeit the protection of the policy.

While it’s important to cooperate with your insurance company, it’s also a good idea to consult with an experienced Denver personal injury attorney who can guide you through the process and speak with your insurance company on your behalf.

Common Accidents in the Denver Area

Auto accidents are unfortunately common, and can be caused by a variety of factors including driver negligence, weather conditions, and more. If you’ve been involved in a car accident, the Denver injury lawyers at Lamber Goodnow and our co-counsel firms are ready to help. Every year, thousands of people are seriously injured or killed in car accidents in the United States, and in Colorado alone, there was a 10% increase in auto accident deaths from 2014 to 2015.

According to the National Highway Traffic Safety Administration, an average of 82.16 people are killed in auto accidents every day in the United States. Unintentional personal injuries, such as auto accidents, are also the leading cause of death for individuals between the ages of 5-24 and the second leading cause of death for individuals 25-65+. At Lamber Goodnow and our partner firms, our Denver auto accident lawyers have experience representing clients in a variety of car accident cases, including those involving aggressive driving, texting/cell phone use, driver fatigue, speeding, distracted driving, rollovers, head-on collisions, intersection accidents, fatal accidents, drunk driving, hit and run accidents, and more.

Each year, an estimated 2.35 million people are injured or disabled in road crashes, which can result in significant medical treatment and therapy that may last for months, years, or even a lifetime. These injuries can also lead to significant adjustments in the family and at work. Our team of Denver personal injury lawyers at Lamber Goodnow and our partner firms have helped clients obtain just compensation for a range of injuries, including back and neck injuries, fractures, burns, facial cuts, brain injuries, amputations, paralysis, and fatalities.

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Aggressive Driving: one of Denver’s top causes of personal injury

Aggressive or reckless driving is a major contributing factor to traffic accidents in Colorado and throughout the United States. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “when an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” This can include actions like weaving through traffic, speeding, tailgating, and generally showing disregard for the safety of others. At Lamber Goodnow Injury Lawyers, we aim to be a trusted resource for individuals who have been injured in aggressive or reckless driving accidents in Denver and beyond.

Colorado law on Aggressive or Reckless Driving

(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

Furthermore, careless driving is described and penalized as:

42-4-1402. Careless driving – penalty

(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.

(2) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

(b) If the person’s actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.

(c) If the person’s actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.

Examples of Aggressive Driving

It can be challenging to quantify aggressive driving, as there may be many different factors at play. However, a study by the American Automobile Association (AAA) identified certain behaviors that are often associated with aggressive driving. The most common factor was speeding, but other behaviors included:

• Following too closely (tailgating)
• Improper or erratic lane changes
• Illegal driving on the shoulder, ditch, sidewalk, or median
• Failing to observe posted signs or ignoring a school bus displaying warnings
• Passing on the wrong side, passing with insufficient distance or visibility, or passing in an improper manner
• Operating the vehicle in an erratic, reckless, careless, or negligent manner
• Failing to yield the right of way
• Failing to obey traffic signs, traffic officers, or traffic control devices, or ignoring safety zone traffic laws
• Failing to observe warnings or instructions displayed on a vehicle
• Failing to signal a turn or lane change
• Driving too fast for conditions or exceeding the posted speed limit
• Racing
• Making an improper turn

According to the NHTSA, aggressive driving behaviors are believed to be a contributing factor in one third of traffic accidents that result in injury and two thirds of traffic accidents that result in death. Each of these behaviors is dangerous on its own, but when combined, they increase the risk of being involved in an accident significantly.

How to Avoid Conflict with Aggressive Drivers

To avoid aggressive driving, it’s important to follow the rules of the road, which include:

• Staying calm while driving
• Being courteous to other drivers
• Maintaining a safe following distance behind other vehicles
• Using turn signals when changing lanes or turning
• Being considerate in parking lots
• Using your high beams responsibly and only when necessary
• Using your horn only when appropriate

If you encounter an aggressive driver on the road in Colorado, you can report them to the State Patrol (CSP) by calling their special aggressive driver line, which is *277, from a safe location. When you call, try to have the following information ready: a description of the vehicle, the location and direction in which it’s traveling, the license plate number, a description of the driver, and the aggressive behavior being exhibited. This information will be entered into Colorado’s aggressive driver database, and if three complaints are made against the registered vehicle, the registered owner will receive a warning letter. If more complaints are received, a uniformed CSP officer will contact the owner and take appropriate enforcement action.

If you’re a victim of a reckless driving accident in Colorado, you’ll need a Denver personal injury lawyer to help you understand the dangers of aggressive driving and build a case for financial compensation. The attorneys at Lamber Goodnow Injury Lawyers and our partner firms are highly skilled in identifying the factors that contribute to aggressive driving and can work with you to pursue compensation. We offer a free consultation and work on a contingency fee basis, which means we don’t get paid unless we secure a financial award in your case. Contact us for more information.

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Colorado Insurance

The number of personal injuries and fatalities in Colorado alone exposes insurance companies to potentially billions of dollars in claims each year. As a result, insurance companies are skilled at convincing victims that it’s in their best interest to cooperate with them. However, insurance companies are in the business of collecting as much in premiums as possible while paying out minimal amounts in claims. Some may tell victims that they’ll receive less money if they hire an attorney, but a study by the Insurance Research Council found that accident victims received 40% more money when represented by an attorney. At Lamber Goodnow in Denver, our lawyers have aggressively negotiated with numerous insurance companies to help our clients obtain fair compensation.

Mandatory Insurance

Previously, Colorado was a “no fault” insurance state, which meant that if you were involved in a personal injury accident, your insurance would cover your medical care regardless of who was at fault. However, in 2003, no fault insurance was repealed and Colorado switched to a tort system. This means that if you’re involved in an accident, you must prove that you’re not at fault in order to collect damages from the at-fault individual’s insurance company.

Under Colorado law, all drivers are required to carry liability coverage insurance, but insurers must also offer collision, medical payments, and uninsured motorist coverage. Renters, homeowners, and businesses can also purchase insurance. At Lamber Goodnow Injury Lawyers, our attorneys and those at our co-counsel firms understand the complexities of Denver personal injury insurance and will work to ensure that our clients receive the compensation they deserve.

In Colorado, drivers must carry liability coverage of at least $25,000 per person for injury or death, at least $50,000 for injury or death of two or more people, and at least $15,000 for property damage of another, for any one accident. If a driver fails to comply with these minimum coverage requirements, they may be convicted of a misdemeanor, which carries a fine, community service, and suspension of their driver’s license.

Colorado does not require drivers to carry uninsured or underinsured motorist coverage, but insurers are required to offer it. According to state law, insurers must issue uninsured or underinsured coverage unless the named insured rejects it in writing. This coverage can help cover injuries to you or your passengers if you’re involved in an accident with an uninsured driver or a driver whose minimums don’t cover your personal injury damages.

Speaking with an Insurance Company

According to Colorado law, all insurance policies require the insured to notify the insurer of a claim as soon as possible after an accident or lawsuit. Some policies may also require the insured to notify the police within 24 hours after a hit-and-run accident.

Most liability insurance policies also require the insured to cooperate with the insurer in its investigation, defense, and settlement of the claim. If the insured fails to cooperate, they may lose the protection of the policy.

While it’s important to cooperate with your insurance company, it’s also a good idea to seek the guidance of an experienced Denver personal injury lawyer who can help you navigate this process and speak with your insurance company on your behalf.

You generally don’t have a duty to speak with the at-fault party’s insurance company. If they contact you, politely decline to speak with them and give them the name and telephone number of your Denver personal injury lawyer.

Auto Accidents: Uninsured/Underinsured

If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your damages, you may need to look to your own automobile insurance policy for compensation for your accident-related injuries.

Uninsured/underinsured motorist insurance coverage is a separate coverage that provides protection to you and your passengers if you’re injured in an accident caused by an uninsured or underinsured driver. This coverage acts in place of the at-fault driver and pays you the same kinds of damages that you could have recovered from the at-fault driver’s insurance if they had been insured.

According to Colorado law, insurance companies that sell automobile insurance in the state are required to sell uninsured/underinsured motorist insurance as part of every policy unless the coverage is specifically refused in writing by the named insured. Additionally, if an uninsured/underinsured driver causes your car accident, your insurance company can’t raise your rates due to a claim for uninsured or underinsured motorist benefits in an accident that you didn’t cause.

Compensation for Personal Injuries

Insurance companies don’t make money by paying out more than they have to; they try to minimize the amount of your claim, even if you deserve more. That’s why it’s so important to work with a Denver personal injury lawyer who can help you and your family obtain fair compensation for your injuries.

When a plaintiff is injured in a personal injury accident, they may suffer a variety of losses. These losses may be incurred on the date of the injury or may be realized in the future. If you’re injured in an accident in Colorado, you may be able to recover damages including:

• Past and future earnings and profits
• Loss of earning capacity
• Loss of time (if you’re a homemaker)
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress (if you were in the zone of danger)
• Physical impairment
• Past and future medical expenses
• Loss of consortium

If you’ve sustained a life-altering personal injury that causes you to miss work or even lose your job, you may be able to recover your lost past earnings as well as your lost profits and anticipated future earnings if you’re injured and unable to work. You might not be able to work because you’re recovering in the hospital or you need to take time away from your job for physical therapy, mobility issues, or because you’ve been severely injured and can’t return to your current job.

The most convincing evidence of lost wages is written documentation, but you can also provide testimony that includes computations regarding your loss of earnings. Future earnings are often best demonstrated by past earnings and projected over the period of time during which your earnings will be diminished or absent, and will be reduced to present value.

Denver Personal Injury Time Limitations

In Colorado, the statute of limitations for personal injury cases is three years from the date of the accident. This means that a lawsuit for personal injuries must be filed within three years of the date of the accident, or the opportunity to seek compensation for the injury will be lost.

There are some exceptions to this rule. For example, if the injured party is a minor or is under legal disability at the time of the accident, the statute of limitations may be delayed until the person reaches the age of 18 or the disability is removed. Additionally, if the lawsuit is against a government entity or its employees, the time limit for filing a personal injury lawsuit is reduced to two years from the date of the incident. And if the lawsuit is against law enforcement officials, the time limit is further reduced to one year.

It’s important to note that before a personal injury lawsuit can be filed in Colorado, plaintiffs must also submit a notice of claim within 180 days of the incident. If this requirement is not met, the claim may be lost forever.

Given the complex nature of personal injury cases and the various deadlines and requirements involved, it’s essential to seek the guidance of an experienced Denver personal injury lawyer who can help navigate the legal process and ensure that your case is filed within the appropriate time frame. At Lamber Goodnow in Denver, our team of personal injury lawyers is here to help you get the compensation you deserve.