Denver Car Accident Lawyers

Nobody wants to become a car accident statistic. However, it is something that can affect anyone. At Bachus & Schanker, our Denver car accident lawyers are ready to help you in your time of need should you get in a car accident anywhere in the Denver area. Our legal expertise in car accidents has helped thousands of clients receive over $1 billion in damages. 

When do I need an attorney after a car accident?

Here are some reasons you would want to hire an attorney after a car accident:

• There were significant injuries either to you or your passengers
• Someone may have died in a car accident you were involved in
• Your insurance company is not being as helpful as you’d like
• You suffered emotional trauma
• You lost wages
• The cost of your medical bills is in the thousands or more
• There is a dispute over who is the at-fault party
• The details of the situation are complicated and overwhelming

Here are some tips to consider when hiring a car accident lawyer:

• Hire someone local to the Denver area who knows all the laws
• Choose a firm with decades of legal experience in Denver
• Select a firm that offers a free 45-minute meeting with legal specialists to assess your situation
• The attorney explains the contingency fee – that means no upfront cost to you
• The law firm employs an outside Victim Advocates Group. They collect all the evidence while you are recovering from the shock of a car accident. Not all law firms in Denver have this special support team, which is what you need if a crime has occurred.

What should I do after a car accident?

After a car accident, people are frequently shaken up and not thinking clearly about the next steps. If you think it is a minor motor vehicle accident and want to move away from the scene quickly, our advice is not to. You can end up in worse pain later, both physically and financially. Take your time to follow this list of things to do:

1. Call 911 and file a police report
2. Move your vehicle out of the way of oncoming traffic if possible – otherwise, wait for help from first responders
3. Tensions will be high, and it is best to avoid confrontation with the other driver. The authorities can collect the other driver’s information if anger is present.
4. Don’t admit to wrongdoing even if you think you were at fault
5. If unable to write, use your smartphone to take a photo of the license plate
6. Seek medical help even if you think you have no injuries. It’s a good idea to visit the doctor after a car crash to document all injuries.

How can I get compensated for my damages in a car accident case?

The best way to get compensated for damages in a car accident is by letting an experienced Denver personal injury lawyer handle the matter. You can deal with the insurance companies on your own, but there could be more at stake than you know. Hire an experienced car accident attorney to take care of all the details and fight for your highest compensation. Let Bachus & Schanker be on your side to win your case.

What damages can I recover in a car accident case?

The word damages refers to the amount of money awarded to you in a legal compensation car accident case. There are two types of damages: economic and non-economic. They are also called general and special damages.

Economic (general) damages include the following:

• Medical expenses, including hospital stays and doctor visits
• Home health care
• Physical therapy and rehabilitation costs
• Property damage
• Lost income
• Pain and suffering
• Emotional distress

Non-economic (special) damages include the following:

• Lowered quality of life due to sustained injury and rehabilitation
• Pain and suffering
• In car accident cases where a loved one may have died, resulting in wrongful death, the court can award damages for financial loss of companionship

Can I still sue for injuries from an auto accident if I didn’t leave in an ambulance?

The short answer is yes. There are many reasons why a person might decline an ambulance at the scene of a car accident in Denver. Internal injuries are not always apparent. If children were in the car, you may want them treated before you. Or it could be that you thought it was too costly to pay for an ambulance. Whatever the reason, you can sue for injuries, but it will take the services of a skilled legal representation team to help you win your case.

How is fault proven in a Denver car accident case?

Colorado is an ‘at-fault’ or ‘tort’ state. That means a person involved in a Denver car accident can sue the other driver who caused the accident, even if the injuries are minor. 

Initial assessment steps after a car accident are:

1. The location of damage, which is the point where the two vehicles collided on impact, will help determine who is at fault
2. Filing a police report is crucial to this initial evidence
3. Drivers must file an insurance claim so an adjuster can discover who was at fault
4. Who was negligent must be proven because Colorado has a modified comparative negligence definition, meaning drivers can’t collect more than 50% of damages if they are at fault.

In any accident situation, it is best to let auto accident attorneys experienced in Colorado negligence tort cases represent you. 

Can I recover compensation if I was partially at fault in a car accident in Denver?

Yes, you can recover compensation if you were partially at fault. It depends on the percentage determined to be your share of the fault. For example, if you were going slightly over the speed limit and a car turned in front of you, causing a collision, the other driver could be 80% at fault for unsafe driving, and you would be 20% at fault for speeding. The percentage determines the amount of your award. It could mean you would only get part of the award amount. Instead of $10,000, it would be $8,000.

It can be a highly complex process based on Colorado’s comparative negligence law, CRS 13-21-111. All the more reason to let our knowledgeable law firm of Bachus & Schanker work for your legal rights in a car accident case.

What if the other driver was uninsured?

Colorado law states that if you are caught driving without auto insurance, you could face a class 1 misdemeanor charge. You can be fined, jailed, and have your driver’s license suspended until you show proof of insurance. You want to avoid being uninsured in Colorado.

But what happens if the other driver is uninsured? Does your insurance cover what they lack?

If you have a car insurance policy that includes uninsured motorist (UM), you will receive payment for the damage and injury caused by the other driver up to the amounts you have selected. 

For example, if the other driver is uninsured but causes $25,000 worth of damages to you, and your coverage has the required minimum of $25,000, you can rest assured you are covered. If your damages exceed the amount, you must contact a car accident lawyer to file a lawsuit against the other driver to collect additional amounts.

What are common causes of car accidents?

There are several causes of car accidents in Denver. One factor to consider is Denver’s increasing population growth, leading to higher congestion on the roads. And with more drivers on the road, the main reason is human error.

• Driver negligence tops the list because people make mistakes and display poor judgment, driving recklessly and carelessly.
• Distracted driving is when people are using cell phones, texting, eating, and not paying attention to the road. Distracted driving kills nine people every day in the United States.
• Drunk driving or DUI (driving under the influence) is due to alcohol consumption or the use of illegal, prescription, or over-the-counter drugs. An altered mental state increases crash risk significantly.
• Aggressive driving includes speeding, tailgating, and cutting off other drivers.
• Fatigued driving often happens when truckers are on a tight schedule and driving with little sleep. The Foundation for Traffic Safety states that 1-2% of car crashes involve drowsy driving.
• External sources such as a bicyclist or pedestrians who step into the path of a vehicle unexpectedly.
• Poorly maintained vehicles needing repair may have faulty brakes. Other causes could be tire failures or defective car equipment.
• Weather-related; winters in Denver can be highly treacherous, with heavy snowfall making it difficult to navigate the highways resulting in car accidents.
• Roadway conditions; broken traffic lights, missing guardrails, lack of traffic signage, and missing lane markers are all contributing factors.

What are the common types of injuries in car accidents?

At Bachus & Schanker, we understand how devastating car accident injuries can be. If you have experienced any of the following common injuries in a Denver car accident, call us immediately.

• Whiplash is a common injury after a rear-end vehicle collision because your neck moves forward and backward quickly, causing severe sprains and strains.
• Bone fractures to any limbs such as arms, legs, hands, feet, and other body parts. 
• Spinal cord injuries (SCI) can involve a compressed spine, sprained back, slipped discs, and fractures.
• Traumatic brain injury (TBI) can be life-altering or fatal. Surviving such a severe injury requires years of rehabilitation.
• Psychological impacts such as anxiety or PTSD do not always occur immediately, yet they can leave lasting effects for years.

Should I accept an initial settlement from an insurance company?

We do not recommend accepting the first settlement offer from an insurance company. The amount may be well below what you need to recover in the long term. The insurance company usually wants to settle quickly in their favor. It’s essential to have an experienced auto accident attorney working to ensure you receive the full compensation you deserve.

How long do I have to file a lawsuit after a car accident in Denver?

We are local to Denver and know the statute of limitation laws very well. Colorado Revised Statute 13-80-101 states that you have three years from the date of your car accident to begin a lawsuit. However, we suggest not waiting too long as it’s best to file a lawsuit as soon as possible to collect evidence and start the recovery process.

How can a Denver car accident lawyer help you file a car accident claim?

At Bachus & Schanker, we take pride in our Denver car accident lawyers because we know they will be with you through every step of your case. We have years of experience fighting for car accident victims in Denver and winning cases. Let us help you receive an award judgment either by settlement or trial. The car accident lawsuit process doesn’t have to be overwhelming. We explain it thoroughly and answer all your questions. 

Sources:

CRS 13-21-111. (2016).

CRS 13-80-101. (2016).

Denver reported 57,725 car accidents in 2022. (2023).

Distracted Driving. (2022).

Mandatory Automobile Insurance in Colorado. (2023).

Prevalence of Drowsy Driving Crashes: Estimates from a Large-Scale Naturalistic Driving Study. (2018).

Rosenthal, A. et al. (2022). Driving Under the Influence of Drugs and Alcohol. 

Types of Damages You Can Qualify for in Car Accident Claims. (2023).

Whiplash. (2023).