Aurora Car Accident Attorney

We seldom have a second thought when we climb into our car for a daily drive to work, a community destination, or even a road trip, but 40,940 people died in car accidents in 2023, and far more sustained significant injuries requiring hospital care. Suffering serious injuries that impact the ability to work and accomplish daily routines is traumatic, but it’s even more distressing when a car accident results from another driver’s careless or reckless action behind the wheel.

When a car accident occurs because a driver failed to take reasonable care and the result is serious economic and non-economic consequences—known as “damages” in a car accident claim. If you’ve been involved in a more severe collision, consider consulting our truck accident lawyers for specialized assistance.

Why Choose the Aurora Car Accident Lawyers at Daniels & Scriven for Your Car Accident Claim?

No one ever forgets the terror and trauma of a car accident. Sadly, the distress often continues when an injury victim takes on the insurance system to recover damages. Despite their compassionate tones, insurance companies are not on the victim’s side but exist to make profits. Letting Daniels & Scriven Injury and Accident Lawyers navigate the exacting legal requirements of your Colorado car accident claim maximizes your chances of full compensation through the following:

• Free case consultations and legal fees are paid only after we secure your compensation—because we know no one keeps a legal fund set aside in case of an accident
• Our law firm founders are Colorado natives, Brad Scriven and Nicole C. Daniels, who are well-versed in Colorado traffic laws and insurance systems after decades of combined experience
• Skilled personal injury legal experts who will document evidence of liability and make a compelling claim for your compensation
• A results-oriented approach with creative solutions to maximize your compensation

At Daniels & Scriven, P.C. we believe in getting to know our clients because seeing the impacts of the car accident on their lives helps us make a more empathetic case to present during negotiations for a settlement or in court. We care about achieving the best possible outcome for you and your family.

Types of Aurora Car Accidents

Various types of car accidents can happen in Aurora, but some of the most common are:

Rear-End Crashes

A rear-end accident occurs when a trailing driver hits the vehicle in front of it, often caused by tailgating or distracted driving. Even when these collisions occur at low speeds, they can cause painful injuries, including soft tissue injuries like whiplash or traumatic brain injuries (TBIs).

Head-On Collisions

A head-on collision occurs when two vehicles strike each other from the front. These terrifying crashes often cause severe injuries or even fatalities. They may happen due to impaired driving or drivers falling asleep at the wheel.

Sideswipe Accidents

A sideswipe accident occurs when two vehicles collide on their sides, such as when one vehicle drifts into the adjoining lane due to failing to check blind spots or incorrect merging. Because protections in the sides of vehicles are usually not as strong as those in the front or rear of the vehicle, these accidents tend to cause more serious injuries.

T-Bone Accidents

A T-bone accident occurs when a vehicle’s front strikes the side of the other vehicle, forming the shape of the letter T. These accidents may occur when a driver turns left into the path of an oncoming vehicle.

Impaired Driving Crashes

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving leads to the death of approximately 12,000 people in the United States annually. Other crashes occur because drivers are under the influence of drugs or a combination of drugs and alcohol.

Speeding Crashes

Speeding leads to the death of about another 12,000 people in the United States, according to NHTSA figures. Accidents can also occur when drivers are within the posted speed limit but are driving too fast for weather or road conditions.

Distracted Driving Accidents

Distracted driving is quickly becoming one of the leading causes of traffic crashes. Distracted driving often involves texting, cell phones, and electronic devices. However, anything that takes a driver’s mind off the task of driving, their hands off the steering wheel, or their eyes off the roadway can distract a driver and make them more likely to cause a crash.

Fatigued Driving Accidents

Tired drivers are at greater risk of falling sleep behind the wheel, which can lead to disastrous consequences for them and other motorists. Even if they stay awake, fatigue can cause effects similar to those of drinking alcohol, such as dulling senses, causing impaired judgment, and slowing reaction times. These effects make it more likely for a serious crash to occur.

Vehicle Defect Accidents

While most car accidents are due to driver error, some occur because of problems with the vehicle or auto parts. Defective vehicles or auto parts can cause accidents, fail to prevent them from occurring, or cause more serious injuries when safety equipment or the vehicle’s structure fails. In these instances, the manufacturer or designer of the defective vehicle or part may be to blame for the resulting accident.

Weather-Related Accidents

Aurora can be subject to harsh winters and inclement weather that contributes to car accidents. Drivers are expected to reduce speeds and adapt driving strategies that avoid collisions during these treacherous times.

What Are Some of the Most Common Causes of Car Accidents in Colorado?

Most car accidents result from driver error, carelessness, or egregious actions like intoxication or reckless driving. In less common cases, the at-fault party in a car accident case could be a negligent road maintenance agency or the manufacturer of a defective auto part. Common causes of car accident claims in Aurora or the surrounding area include the following:

• Distracted driving
• Speeding
• Aggressive driving
• Tailgating
• Failure to yield the right of way
• Unsafe lane changes
• Drunk driving
• Drowsy driving
• Left turns in intersections
• Road hazards
• Brake or steering system failure

If your accident occurred due to someone else’s driving error, reckless driving, or wrongful actions, you shouldn’t be left with the undue burden of expenses while also dealing with painful injuries with as-yet-unknown impacts on your future. Often times motorcycles speed excessively and weave in and out of lanes recklessly — if you were involved in an accident due to this, we urge you to contact an Aurora motorcycle accident lawyer today to get the compensation you deserve.

Car Accident Laws in Colorado

A number of car accident laws could affect your personal injury claim, including the following:

Car Accident Reporting Laws

California law requires drivers who are involved in a traffic accidents that result in injury, death, or any property damage to report the accident to local law enforcement. This often triggers a police officer to respond to the accident scene and prepare a formal accident report. The accident report may contain detailed information about the accident, and you’ll need it to make your claim with the insurance company.

Additionally, Colorado law requires anyone involved in a car accident to give their name, address, and registration number of the vehicle they are driving to the other driver or passenger in the other vehicle and show their driver’s license if requested. They must also render reasonable assistance to anyone injured in the accident, which may include taking them or arranging for their transport to a healthcare facility.

Rules of the Road

All drivers must obey the rules of the road and drive in a safe manner that avoids collisions with others. Violating the rules of the road may constitute negligence per se.

At-Fault State

Colorado is an at-fault state for car accidents, meaning the driver found at fault is responsible for paying for the damages they cause, usually through a claim with their insurance company. Proving fault may require evidence such as:

• Accident reports
• Witness statements
• Event data recorder information
• Cell phone records
• Photos or videos of the accident scene
• Physical evidence

An experienced lawyer can help gather the evidence necessary to prove fault in your case.

Statute of Limitations

While Colorado has a two-year statute of limitations for most personal injury cases, this is extended to three years for car accidents. If you don’t file a personal injury lawsuit within the third anniversary of your accident, you can forfeit your right to recover compensation for your injuries. It is best to talk to an experienced car accident lawyer in Aurora as soon as possible to preserve critical information and prevent evidence from being lost or destroyed.

Comparative Fault Statute

One Colorado personal injury law that car accident victims need to be aware of is the comparative negligence rule. Depending on your degree of fault, this law could prevent you from recovering any compensation for your injuries or drastically reducing your recovery. We discuss this essential law in more detail below.

What Are the Most Dangerous Intersections in Aurora, Colorado?

 Based on the number of crashes, the most dangerous intersections in Aurora, CO are the following:

• Orchard and Sullivan
• Montgomery and Route 59
• Ogden and 75^th
• Butterfield and Eola
• Route 59 & 75^th
• Eola and North Aurora
• New York and Route 59
• Indian Trail and Lake
• Ogden and Route 59
• Eola and New York
• Eola and Liberty
• Galena and Archard
• Liberty and Route 59
• Farnsworth and Molitor
• McCoy and Route 59

What If I Contributed to the Cause of the Accident?

Colorado is a comparison negligence insurance state that allows car accident victims to recover a portion of their damages even if they contributed to the cause of the accident as long as they weren’t more than 51% at fault. Colorado code § 13-21-111. states the following:

“Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person…”

To simplify, suppose the insurance adjuster finds that you contributed 20% of the fault in your accident because you were exceeding the speed limit by eight miles per hour, but the other driver caused the accident by pulling out in front of you when you had the right of way. The insurer reduces your compensation by 20%. If your damages amount to a $100,000 claim, they only have to pay $80,000.

Unfortunately, the Colorado comparative fault system incentivizes insurance companies to assign an undue percentage of fault to injury victims. Your insurance attorney from Daniels & Scriven will safeguard your rights against these and other insurance company tactics such as delaying, devaluing, or wrongfully denying your claim.

Injuries Victims of Car Accidents Often Experience

The crash force of a vehicle in a collision puts an enormous strain on the body. Even though seatbelts save lives, they cannot prevent all injuries as the force of a collision thrusts the body against the seatbelt and then snaps it back against the seat. In addition, the interior structures of a vehicle collapse inward at high impact. Common car accident injuries range in severity from mild to catastrophic, including the following:

• Neck injuries
• Back injuries
• Traumatic brain injuries
• Broken bones
• Soft tissue injuries to knees, shoulders, wrists, and ankles
• Spinal cord damage
• Burns
• Facial injuries
• Lacerations, bruises, and abrasions

What Damages Can I Recover for My Car Accident Claim?

Car accidents are expensive as well as frightening, often causing far more than simple property damage. Common compensation in Aurora car accident claims include the following:

• Property damage
• Medical expenses
• Future injury-related medical expenses 
• Lowered future earning capacity
• Pain and suffering
• Any other non-economic damages that apply in unique cases such as disfigurement or traumatic limb loss compensation, loss of enjoyment of life, emotional trauma, or loss of consortium (the ability to enjoy a full physical and emotional relationship with a loved one)
• Wrongful death

If a loved one died in a car accident through no fault of their own, a wrongful death claim brings additional compensation for funeral expenses, grief, and emotional anguish.

Contact the Aurora Car Accident Attorneys at Daniels & Scriven, P.C. for Legal Representation

You shouldn’t have to untangle the meticulous details required for a successful car accident claim while your focus should be on your recovery and your family. Let the experienced car accident lawyers at Daniels & Scriven Injury and Accident Lawyers take on this side of your accident recovery while you work on moving forward. Call our Aurora law office today so you can recover under the best possible circumstances.