Call Us!How To Determine Fault in a Colorado Car Accident
Determining fault is a critical part of any car accident investigation. Colorado is an at-fault state for car accidents, so knowing who is at fault is a vital part of handling a car accident fairly. But determining who is to blame for the car accident isn’t always so simple. Here’s what you need to know about determining fault from our Colorado car accident lawyers.
How Do You Determine Fault for a Car Accident?
To determine fault for an accident, you figure out why the accident occurred. You look at whose actions resulted in the crash. To be at fault for an accident, a person must be negligent. That means they’re either careless, reckless, or intentionally causing harm. When a person’s negligent actions result in a car accident, that person is at fault.
What Is Fault for a Car Accident in Colorado?
To determine who is at fault for a car accident, it’s important to know what fault is. Under Colorado accident law, fault has two components to it: a negligent act and causation. Fault isn’t necessarily who is violating a law at the time of the accident. It’s not even a link between a person’s actions and the fact that an accident happened. Instead, legal fault for an accident in Colorado is when an accident wouldn’t have occurred but for someone’s negligent actions.
Negligence and Fault in a Colorado Car Accident
The first part of fault for a car accident is negligence. A person must be acting negligently to be to blame. When it comes to driving, negligence is driving below the ordinary standards of care. It’s the opposite of what’s reasonable and acceptable in any given situation. Careful people follow traffic laws. They don’t speed, drive recklessly, or cut people off. When a person fails to live up to the standards of what an ordinary, reasonable person would do in the same situation, that person is negligent.
But a driver can be negligent without being at fault for an accident. A driver is at fault for an accident only if their actions are the proximate cause of the crash and any car accident injuries. In other words, did the fact that they were driving negligently cause the accident? If so, they’re at fault.
An Example of Negligence and Causation in a Car Accident
Pat and Kelly are drivers in the same direction on a road. Pat is in front. As the two drivers approach an intersection with a traffic light, Pat is speeding. Pat sees the traffic light turn from yellow to red. Pat puts on the brakes and comes to a stop. Kelly, who is behind, is following too closely to Pat’s vehicle. Although Kelly slams on the brakes as quickly as possible, Kelly doesn’t have time to stop. A rear-end collision occurs.
In this example, both Pat and Kelly are negligent drivers. Pat was speeding, and Kelly was following too closely to Pat’s vehicle. However, in this example, only Kelly is to blame for the accident. The accident didn’t occur because Pat was speeding. Instead, the accident happened because Kelly was driving too closely to Pat’s vehicle. Law enforcement may issue Pat a ticket for speeding, but only Kelly has civil liability for the accident. A person can drive poorly without being at fault for an accident.
Car Accidents and Shared Fault in Colorado
As you evaluate who is at fault for an accident in Colorado, remember that more than one party can be at fault for the accident. Colorado uses a system of comparative fault. The law recognizes that more than one person can do something that causes an accident.
When an injured person has shared fault for a car accident, they may still bring a claim for compensation. However, they’re going to recover less than they would have recovered if they hadn’t been at fault for the accident. In cases where there are questions of shared fault, the jury has to decide how to assign blame among the parties. As the car accident victim, it’s important to present the jury the evidence that they need to see to make the correct decision about shared fault.
Why Choose Our Car Accident Law Firm?
Bachus & Schanker is led by top-rated car accident attorneys recognized among the best in Colorado. With decades of experience and thousands of cases handled within Colorado and nationwide, our team brings a proven track record of results to every case. They have represented clients in cases requiring complex fault determination and liability analysis across Colorado and nationwide.
At our firm, hands-on case management and personalized attention are central to how cases are handled. Attorneys remain directly involved throughout the process, with a focus on responsiveness, attention to detail, and clear communication at every stage of the case.
The benefits of working with our legal team include:
- Car accident cases taken on a contingency fee basis – no legal fees unless we win your case
- Support of our victim advocates team
- Personalized attention from attorneys who understand car accidents law
- Proven track record of maximizing settlements and verdicts for clients
- Experience handling cases in Colorado and across the United States
When you need experienced legal representation to determine fault in a car accident, choose Bachus & Schanker, recognized as some of the best car accident lawyers in Colorado.
Are Criminal Fault and Civil Fault the Same Thing?
No, criminal fault and civil fault are not the same things. A person may have one kind of fault without having the other. For example, a person may receive a ticket for violating a traffic law without the violation being the cause of an accident. Likewise, a person may have civil liability for a crash without receiving a traffic ticket or a criminal conviction.
Although it’s rare to be civilly liable for a traffic accident without getting a ticket, it’s important for accident victims to remember that traffic tickets and civil liability are two very different proceedings. Law enforcement decides who receives a traffic ticket after an accident. An attorney that represents the state decides how to resolve the ticket matter. It’s also up to the state’s attorney to determine whether either party will face criminal charges after a car accident. In the case of someone who acts negligently, causes a crash, and then leaves the scene of the accident, that person would be both criminally and civilly liable.
But when it comes to civil fault, it’s up to you. You make the decisions about whether to file the case. You call the shots on how to resolve it and what to accept as fair compensation for your damages. As you evaluate fault in the case, remember that criminal and civil fault are two different things. You should assess your case only based on the civil negligence laws that apply in your jurisdiction.
Contact Our Colorado Accident Attorneys to Determine Fault for a Car Crash
Do you need help determining fault for your car accident? Are you wondering what the law has to say about car accident fault? If you’re thinking about fault and how Colorado law applies to your car accident case, you’re on the right track. We’re experienced Colorado car accident attorneys, and we can help.
Our attorneys are friendly and understanding. We are conveniently located near you in Denver, Fort Collins, Colorado Springs, Aurora, Englewood and throughout Colorado. Our attorneys are ready to serve you and fight for the compensation you deserve. Your call to speak with us about your case is always confidential. We can answer your questions and help you determine the best course of action after your car accident. We look forward to hearing from you.
Kyle Bachus & Darin Schanker
Top-rated Colorado-based personal injury lawyers and co-founders of Bachus & Schanker, Kyle Bachus and Darin Schanker, have represented car accident victims and families across Colorado for more than 30 years, earning a reputation as some of the best car accident attorneys for serious injury cases. The firm is structured to handle car accident cases of all types and severities, with a team organized to provide focused support and guidance throughout the process. Kyle and Darin guide victims through the legal process with the support of a dedicated team of car accident specialists and Victim Advocates, ensuring care and advocacy from start to finish so clients can stay focused on healing.
Both Kyle and Darin are nationally recognized for their trial skills and leadership in the legal community. They are members of the Million Dollar Advocates Forum, an exclusive group of attorneys who have achieved million and multi-million-dollar verdicts and settlements, a distinction earned by fewer than 1% of U.S. lawyers. In addition, they have been named Colorado Super Lawyers every year for nearly two decades, included in the Lawdragon 500 Leading Plaintiff Lawyers in America, named Top One Percent by the National Association of Distinguished Counsel, Top 10 Personal Injury Attorneys in Colorado by America’s Best Advocates, and recognized as top civil plaintiff attorneys by The National Trial Lawyers. Beyond the courtroom, they support the Colorado community through the Bachus & Schanker Cares Foundation, which sponsors local nonprofits and initiatives. See Kyle Bachus and Darin Schanker on Super Lawyers.
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Attorney Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your lives. Kyle wrote this book as a resource from his personal experience for families who have suffered a traumatic loss.
A Spanish edition of the book is also available, offering the same support and guidance to Spanish-speaking families.
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