Denver Auto Accident Injury Attorneys
An Overview of Automobile Accident Law in Colorado
In Colorado, the “at-fault” driver is responsible for his or her share of harms and losses caused by an auto accident. However, it is important to note that the “at-fault” party is only responsible for his or her “share” of the damage. This means that in some situations the at-fault driver may be responsible for less than 100% of the harms and losses caused, as explained in more detail on our elements of a claim page. This can occur, for example, when other parties, including the plaintiff or other drivers, are also deemed a “cause” of the accident. Speak with a car accident attorney in Colorado to be sure that you understand your rights.
We know that the “at-fault” driver is responsible for all of the damage caused as a result of his or her negligent actions. The challenge emerges upon determining the nature and extent of a person’s damages and can often become an extremely complicated legal battle. In some cases, the insurance company disputes that the physical injuries were caused from the accident. The insurance company may then try to blame the injuries on a “pre-existing condition.” Other times disputes arise as to the extent of someone’s true damages. These issues are also discussed in more detail on our elements of a claim page.
Negligence in Colorado Injury Law
In automobile accidents where “negligence” is a factor, the law becomes very clear. When the “at-fault” driver is breaking is the law while driving, they are considered “negligent.” For example, if a driver is speeding or drinking and driving, then they are driving while breaking the law and consequently are responsible for the damages caused through the legal doctrine of negligence per se. This legal term simply means that as a result of the defendant violating a law or rule, he or she becomes responsible for the harms without the plaintiff having to prove the defendant’s actions were “negligent.” Nevertheless, understanding legal negligence can be very complicated. The Colorado accident attorneys at Fuicelli & Lee, PC can make sure that you understand your rights.
On-the-Job Auto Accidents
In Colorado, when someone is “on-the-job” and an accident occurs, the employer is legally responsible for the negligent acts of the employee through the doctrine of Respondeat Superior. This Latin phrase literally means: “Let the master answer for the servant.” It is crucial that your Colorado personal injury lawyer consider this rule and what consequences it may have on your case. Employers usually carry “general liability insurance” which can have much higher limits than traditional automobile insurance policies. Another important element to determine is what training, if any, was provided to the employee? Should the company have hired the person initially? Colorado recognizes a separate claim based upon an employer’s failure to train and/or supervise its employees. Colorado also recognizes a claim for negligent hiring (for example, if the person has a bad driving record), as well as negligent supervision.
If you or a loved one has been injured in an automobile accident, please call or email us today. The highly skilled Colorado injury attorneys at Fuicelli & Lee, PC are experts in handling automobile injury cases and are here to help.