Colorado Car Accident and Wrongful Death
When you've been injured in a car accident, your whole life can change. Similarly, if someone you love is killed in a car accident, the emotional and financial distress you face can be overwhelming. According to statistics compiled by Mothers Against Drunk Driving (MADD), more than 650 people were killed in car accidents in Colorado in 2004, and thousands more suffered serious injuries. The auto accident and wrongful death attorneys at Bachus & Schanker, LLC understand the challenges you face and can assist you with questions you may have to help ensure that your rights are protected.
In Colorado, car accidents can result from a number of factors: speeding, cell phone usage, reckless driving, negligence, drugs, alcohol, defective products, poor crashworthiness, and other similar factors. But no matter what their cause, every type of auto accident can have serious effects.
Consider that, nationwide, in 2004 there were 6.2 million police-reported motor vehicle crashes. According to the National Highway Transportation Safety Administration (NHTSA), in 2004, speeding was a contributing factor in 30 percent of all fatal crashes, and 13,192 lives were lost in speeding-related crashes. In 2004 alone more than 9,000 people died in rollover crashes. At Bachus & Schanker, LLC in Colorado, our auto accident and wrongful death attorneys are poised and ready to represent such clients and to help them recover their losses, whether it is to compensate for lost wages, medical bills, pain and suffering, or other damages.
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Colorado Law Concerning Injuries or Death Caused by Car Accidents
Under Colorado law, for all accidents occurring on or after July 1, 2003, a person who causes an automobile accident is responsible for the damages related to that accident. Additionally, Colorado law requires every owner of an automobile in the State of Colorado to have insurance covering their car. There are two types of mandatory insurance:
- Property damage liability coverage – this coverage pays for the physical damage to the automobile damaged in the accident by the at-fault driver.
- Bodily injury liability coverage – this coverage provides compensation for bodily injuries sustained in a motor vehicle collision. The State of Colorado requires that every owner of an automobile have at least $25,000.00 in bodily injury liability insurance coverage.
In Colorado, the person who caused the accident (the at-fault driver) and/or their insurance company is responsible for all of your accident-related injuries, damages and losses. Additionally, if your loved one suffers serious death in a car accident caused by another driver, you may be eligible to receive compensation for medical bills, funeral expenses, and emotional distress related to the accident.
To establish a claim for your personal injuries related to a motor vehicle accident, three requirements must be met. 1) Fault for the accident must be proved, and it must be clear that the at-fault driver is responsible for causing the accident; 2) you must prove all of the injuries are related to the automobile accident; and 3) you must have incurred damages.
The recoverable bodily injury damages are divided into three different categories: 1) economic damages, which include past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement.
After being injured in a car accident, the first question many people want answered is “who will pay for my medical expenses?” Due to recent changes in Colorado law, it is very important to have auto accident attorneys examine all of the potential insurance policies that may provide coverage to you as a result of your accident. At Bachus & Schanker, LLC, our attorneys act immediately for our clients to determine whether the applicable automobile insurance policy provides "medical payment" benefits. A "medical payment" benefit is an optional form of coverage that will require your own auto insurance company to pay some portion of your medical expenses until the claim with the at-fault driver's insurance company is resolved. If the applicable automobile insurance policy does not contain "medical payment" option, our lawyers look to health insurance to cover your medical expenses. If there is no health insurance available to help cover your medical expenses, the attorneys at Bachus & Schanker, LLC will work with you to help you get the medical attention you need by working with health care professionals in your area to provide you medical care through an agreed upon “medical lien” against your future settlement.
A medical lien against your future settlement means that you would pay the medical provider back any outstanding bills once you receive your personal injury settlement from the at-fault driver's insurance company.
People often wonder if their accident or their injuries are big enough to justify hiring an attorney. Because of recent changes in Colorado law it is very important to have the experienced team of Bachus & Schanker, LLC auto accident attorneys advise you about your rights and entitlements after a car accident resulting in injuries or death. If a loved one is killed in a car accident, our experienced wrongful death attorneys can help.
Uninsured Motorist Coverage
Despite the fact that Colorado law requires every automobile owner in Colorado to maintain insurance on their vehicle, many drivers who cause accidents in Colorado do not have car insurance and are therefore "uninsured motorists." In other cases, the driver who causes an accident may be insured but may not have enough insurance coverage to pay for all of the injuries caused in the accident and therefore is "under-insured." When contacted by people injured in car accidents, we are frequently asked "What happens to my case if the person who caused the accident is uninsured or doesn’t have enough insurance?"
If the at-fault driver does not have insurance, or does not have enough insurance, we will look to your own automobile insurance policy for compensation for your accident related injuries and losses. Under Colorado law, insurance companies selling automobile insurance in Colorado are required to sell Uninsured/Under-Insured Motorist Insurance as part of every policy sold in Colorado unless the coverage is specifically refused in writing. Uninsured or under-insured (UM/UIM) coverage is a separate coverage that provides coverage to you and your passengers if injured in an accident caused by an uninsured or under-insured driver. This coverage "steps into the shoes" of the at-fault driver and pays you the same kind of damages you could have recovered from the at-fault driver’s insurance had the driver been insured. Uninsured motorist insurance coverage may be available to pay your claim if any resident in your household owns a car that has uninsured motorist coverage regardless of whether you were occupying the car at the time of the accident. In fact your uninsured motorist coverage will even cover you if you are a pedestrian hit by an uninsured driver.
For detailed information on changes to the law in Colorado on uninsured and underinsured motorists, please read our detailed information on uninsured and underinsured motorists coverage.
If you are injured in an auto accident, or your loved one suffers serious injury or death in a car accident, truck accident, motorcycle accident, aviation accident, defective products, insurance bad faith, medical malpractice, workers' compensation claims, and other personal injury claims.
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