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Motor vehicle accidents are one of the most common causes of serious injuries and deaths in Colorado. It is important to know what to do to protect your legal rights if you get involved in a car accident. It may be possible to hold one or more parties responsible for the crash. If you need assistance at any time during the car accident claims process, an experienced Denver personal injury lawyer can provide personalized legal services.
A critical mistake to avoid making after an automobile accident is leaving the scene without stopping to fulfill your driver responsibilities. This is a criminal offense known as a hit-and-run that can come with serious consequences, including jail time.
The law in Colorado (Colo. Rev. Stat. § 42-4-1603) imposes a duty on all drivers to stop, render assistance and exchange information after any car accident resulting in injury, death or property damage. As a motor vehicle driver, you legally must stop as close to the scene as is practicable or return to the scene immediately if you do not stop right away.
If you can, move your disabled vehicle out of the road. Use your hazard lights or road flares to warn other drivers and prevent additional accidents. Remain at the scene of the accident until you have fulfilled all of your legal responsibilities, which may include reporting the car accident to the police and rendering aid to injured victims.
Check yourself for signs of injury after a car accident. Keep in mind that your adrenaline from the crash could be masking the symptoms of an injury, such as pain. Do not assume that you are uninjured if you initially feel fine. Wait until you’ve seen a doctor to discuss your injuries with other parties.
Get immediate medical care. Delaying care can impact your ability to recover from an injury as well as hurt your chances of securing fair compensation from an insurance provider. Check others involved in the accident for injuries and render aid, if necessary, by calling for an ambulance or providing a ride to the nearest hospital.
While you are still at the scene, use a cell phone to call 911 and report the accident to local law enforcement. You are legally required to report motor vehicle collisions to the police in Colorado when they result in injuries, serious injuries, deaths or property damage. This applies to almost all auto accidents.
When the police arrive at the scene, give them your version of events to ensure it is included in the accident report. Do not admit fault. Write down your police report number so you can obtain a copy later for your insurance claim.
While you wait for the police, exchange information with the other driver. Get the driver’s full name, address, and registration number of the vehicle he or she is driving. It is also a good idea to take a photo of the driver’s license and vehicle license plate. In addition to the other driver, write down contact details for any passengers and eyewitnesses who saw the accident take place.
Before you leave the scene of the accident, do your best to document it and collect evidence. If you are too injured, have a friend or family member do so for you. You can also count on the police to help you preserve details, evidence and key information. Important facts can include a description of the vehicles involved, a list of injuries sustained, the date and time of the accident, the exact location of the crash, and a description of property damage.
Photographs and videos can serve as strong evidence during a car accident claim. If you can, use your cell phone to take photos of the scene. Capture images or videos of the scene as a whole, including the street, road and weather conditions. Take photos of details such as vehicle damage, as well. Look around for any surveillance, security or traffic cameras that may have recorded the accident. Parties involved may also have dashcam or GoPro footage available.
The police will help you determine whether your motor vehicle is safe to drive. If you cannot drive your car to the nearest auto shop, call to arrange a tow. Have your vehicle professionally inspected by a mechanic and obtain a written estimate of the repair costs.
You can submit estimates from an auto shop to a car insurance company to prove the amount of compensation you need to pay for repairs. If the insurer deems your vehicle a “total loss,” meaning it costs more to repair than what the car is worth, you may be eligible for the total pre-crash value of your car.
Colorado is a fault-based car accident state, which means you have the right to file a claim against the driver or party responsible for causing your collision. However, you should begin the claims process by contacting your own car insurance provider. Your car insurance company can conduct an investigation to determine the cause of the crash. If someone else is at fault, your insurer can pursue a remedy from that party’s insurance carrier on your behalf.
Throughout your car accident case, keep detailed and accurate records of your medical care, hospital bills, lost wages, the impact your injuries have had on your life, and any communications between you and a car insurance company. Keep up with medical care recommended by your doctor and take photos of your injuries as they heal. Good record-keeping and crash documentation can help you support your insurance claim or personal injury lawsuit.
Don’t make the mistake of trusting a car insurance company or accepting the very first settlement offer. Car insurance companies are known for putting their own profits first. Before you accept a settlement that may be less than the true value of your injuries and losses, contact a car accident attorney in Denver from the Fang Law Firm for a free case consultation. An attorney from The Fang Law Firm can review your case and take over the claims process to help you collect a fair amount of financial compensation.