Boulder Car Accident Attorney

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In 2023, there were a total of 716 traffic deaths in Colorado, as well as thousands of injuries in motor vehicle accidents. When these accidents happen, victims may experience financial and physical harm that changes the course of their lives. Colorado law allows crash victims and surviving loved ones of those killed in an accident to pursue a compensation claim.

The process can be complicated, though, which makes it important to get help from an experienced Boulder car accident attorney. At Daniels & Scriven, PC, our experienced Boulder personal injury lawyers have represented injured clients in car accident cases for over 40 years. We’ve recovered millions and are ready to advocate for you to help you get the money you deserve. Give us a call at (720) 903-4770 to schedule a free consultation and find out more about how we can help you.

Why Choose Daniels & Scriven, PC:

Dedicated Colorado Natives Serving Our Community For Over 40 Years

If you’ve been injured in a car accident in Boulder, CO, the aftermath can be overwhelming and traumatic. As seasoned personal injury attorneys, our team understands the emotional and physical toll these accidents take, and we are here to support you every step of the way.

“Hard-working, honest, knowledgeable, experienced, and straight-forward.”

Meet Our Dedicated Attorneys

At Daniels & Scriven, P.C., our attorneys bring a wealth of experience and incorporate a local-first approach to helping clients reclaim their lives after an injury.

Brad Scriven

With over 30 years of experience practicing law in Colorado, Brad Scriven is a seasoned attorney dedicated to advocating for the injured. Brad is Licensed to practice in Colorado and Federal courts. Beyond his legal acumen, Brad is a diehard Denver Broncos fan, a devoted father, and a proud grandpa. On weekends, you’ll often find him cheering on his grandchildren at their sports and activities, reflecting his commitment to family and community.

Nicole C. Daniels

Nicole C. Daniels has been representing injured clients since 2006. As a Colorado native, Nicole earned her Bachelor of Arts degree from Colorado State University before obtaining her J.D. from Washburn University Law School. Admitted to practice in Colorado State and Federal Courts, Nicole focuses solely on personal injury cases. She is dedicated to guiding her clients through every stage of their legal journey, from pre-litigation negotiations to trial and appeal.

At Daniels & Scriven, P.C., our attorneys bring their extensive legal experience and their dedication to helping clients reclaim their lives after an injury. Our personalized local-first approach ensures that you receive the compassionate and skilled representation you deserve.

Car Accident Resources

Next Steps: Make A Boulder Car Accident Claim Today
Seeking Compensation After an Accident
Modified Comparative Negligence in Colorado
Common Car Accident Injuries

How To Make A Boulder Car Accident Claim

When you pursue a car accident claim, you’ll usually be dealing with the other party’s auto insurance company. They may accept fault for the accident and try to settle your claim by agreeing to pay you a lump sum in exchange for you giving up any future claims.

If they don’t accept fault, though, or if you can’t reach a settlement deal, you’ll need to go to court to prove the defendant was to blame for damaging you. Your case arises out of tort law, which means you’ll need to show “a violation of a legal duty imposed upon an actor to avoid causing harm to others,” as a Colorado case called United Blood Servs. v. Quintana, 827 P.2d 509 (Colo. 1992) explains.

Most car accident claims arise not because a driver did something wrong on purpose, but because they were negligent. A case called Perreira v. State, 768 P.2d 1198 (1989) explains that “to recover on a claim in negligence, the plaintiff must establish the existence of a legal duty, breach of the duty, causation, and damage.”

Every driver has a legal duty to exhibit safe behavior on the road. You can show they failed in that duty if:

They were more negligent or careless than a hypothetical reasonable motorist would have been under the same circumstances
They violated a safety rule such as a speed limit or prohibitions against driving impaired

Daniels & Scriven, PC will help you to gather the evidence you need, which often comes from police reports, witness statements, and expert testimony.

Next Steps: Insurance Companies When Filing A Car Accident Claim in Boulder

It is crucial that you understand the role of insurance companies. These are for-profit companies that make millions or billions of dollars every year by receiving more in premiums than they pay out in claims. This means they are incentivized to deny or minimize the value of claims as much as possible.

Here are some tips when dealing with insurance companies:

Be careful what you say – Insurance adjusters will try to use any statement you make against you to protect the insurance company’s bottom line.
Do not agree to give a recorded statement – You are under no legal obligation to provide another driver’s insurance company with a recorded statement. These statements are used against claimants to get them to commit to information that is in the insurance company’s financial interest, or that is later contradicted by other information about the crash as a way to justify a denial.
Do not sign anything – The insurance company may send broad medical release forms or low settlement offers. Do not sign anything the insurance company sends without a lawyer’s advice.
Be careful what you post online – Insurance adjusters commonly search for any public posts about the accident that contradict claimants’ statements.

When you hire a car accident lawyer, you can avoid common pitfalls. Your lawyer can handle communications with the insurance company and manage the claims process.

Compensation for a Boulder Car Accident Claim

After a car accident claim, you should be fully compensated for the losses and damages that occurred. This includes property damage to your vehicle, as well as losses resulting from injuries. You may have medical bills, lost wages, or a reduced ability to earn money going forward. If so, these actual financial losses are called compensatory damages and you should be paid in full for them.

You may also have non-economic damages. Colo. Rev. Stat. § 13-21-102.5 defines these to include “non-pecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, and impairment of the quality of life.” Colo. Rev. Stat. § 13-21-102.5 imposes a cap on non-economic damages, which changes over time based on inflation. It unfortunately limits your ability to recover the entire amount you might be due based on the severity of your injuries and their impact on your life.

Colo. Rev. Stat. § 13-21-102 also limits the punitive damages you can collect to no more than three times actual damages, and specifies they are permitted only in very limited situations such as when a defendant acts willfully and wantonly in a manner that makes your harm worsens or acts in a way that suggests they’ll engage in the same negligent or wrongful behavior going forward.

Despite these limitations, compensation can be substantial in car accident claims, especially if you or a loved one was severely hurt or killed in the crash.

When Can You Make A Car Accident Claim In Boulder?

If you have been harmed in a motor vehicle accident, you’ll be able to make a claim against the driver responsible for the crash as long as that other motorist was at least 51% responsible for the incident.

That’s because Colorado follows a legal doctrine called modified comparative negligence. Under this rule, set forth in Colo. Rev Stat. § 13-21-111, if you were partially responsible for the accident, this won’t “bar recovery in any action… 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.”

If the person you’re pursuing a claim against was only partly to blame, Colo. Rev Stat. § 13-21-111 indicates they’ll only be responsible for a portion of your damages. “The court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.” This means a defendant who was 60% responsible for the car accident would have to pay for 60% of your total losses.

To collect this compensation, you’ll need to make your claim before the statute of limitations runs out. That’s a time deadline set by law. If you don’t take action before it expires, you will not be allowed to move forward with your case. While the time limit for most claims is two years under Colo. Rev. Stat. § 13-80-102(1) , it’s three years for injuries occurring as a result of a motor vehicle as Colo. Rev. Stat. § 13-80-101 explains.

Types of Car Accident Claims We Handle

Any type of motor vehicle accident in which someone else caused you harm could potentially lead to a car accident claim. Some of the most common causes that Daniels & Scriven, PC handles include:

Car accidents
Truck accidents
Motorcycle accidents
Pedestrian accidents
Bicycle accidents

In these and other situations where you were hurt on the road, we’ll work with you to get compensation from the responsible party.

Common Types Of Car Accidents In Boulder

Many types of car accidents happen in Boulder, but the most common are:

Head-on collisions – A head-on collision occurs when the front of one vehicle slams into the front of another vehicle. These crashes are often due to impaired, distracted, or drowsy driving, which causes a driver to cross into the oncoming lane of traffic.
Rear-end crashes – A rear-end crash occurs when one vehicle crashes into the back of another vehicle. These crashes are typically caused by following too closely and distractions, which is why the rear driver is often held liable for them.
T-bone accidents – A T-bone accident occurs when a vehicle hits the side of another vehicle that is traveling straight, forming the shape of the letter “T.” These cases often involve a careful review of traffic laws and available evidence of the drivers’ actions immediately before the crash to see if one was speeding or failing to yield the right-of-way.
Rollover accidents – Rollover crashes occur when a vehicle rolls onto its side or roof during a crash. Some of these crashes happen because of product design issues, but others happen when a driver takes a curve too quickly or overcorrects to avoid a collision with a negligent driver.
Hit and run crashes – Hit-and-run crashes occur when a driver fails to stop at the accident scene, render aid, and provide their contact and insurance information as required by law.

An experienced lawyer can conduct a thorough investigation to gather evidence to prove the other driver was at fault for the crash and prepare a strong claim on your behalf.

Common Car Accident Injuries

Car accidents often involve high speeds, debilitating injuries, and forceful impact. While some car accident injuries are minor, such as cuts, scrapes, and bruises, others can be catastrophic and have a lifelong impact on victims and their families. Common car accident injuries include:

Neck and back injuries
Whiplash
Soft tissue injuries
Broken and dislocated bones
Traumatic brain injuries
Spinal cord injuries
Internal organ injuries
Burns

Sadly, many car accidents result in fatalities, leaving grieving family members behind to put the pieces of their lives back together after a loved one was prematurely taken from them.

Because motor vehicle accidents can result in serious injuries, it is essential to seek medical attention immediately. Some injuries do not show immediate symptoms, but delayed treatment can result in complications and worsening of these injuries. A prompt diagnosis can help ensure these injuries are treated appropriately and timely.

Legal Process Overview

If you cannot resolve your claim with an insurance settlement, you must file a lawsuit within three years of the accident date to preserve your right to compensation. The litigation process may involve the following steps:

Filing a complaint – Your complaint sets out the legal grounds for your case. It explains when and where the accident happened, the damages you suffered because of the accident, and why the defendant is responsible for paying the damages.
Serving the complaint – You must ensure the defendant is properly served with the complaint and a summons, which notifies them of the lawsuit against them.
Response – The defendant has 21 days to respond to your complaint after service, under the Colorado Rules of Civil Procedure.
Pre-trial motions – Either party may request certain rulings from the court, such as asking to dismiss the case or make a summary judgment on it.
Discovery – The parties participate in the formal evidence-gathering process, called discovery. They can ask the other party to answer questions, provide evidence, and swear to certain statements.
Settlement conferences – The parties may participate in several settlement conferences and/or mediation to try to settle the case.
Trial – If the parties have not been able to resolve their case up to this point, the case proceeds to trial. Each party presents evidence and witnesses. The judge or jury renders a verdict at the conclusion of the case.

The case can be settled at any stage during this process. An experienced car accident lawyer can give you a better idea about what to expect in your case.

What To Do After A Car Accident In Boulder

Knowing the immediate steps to take after an accident can protect your health and legal rights. Take these steps after an accident:

Call the police to report the accident. Request an ambulance if anyone was injured.
Get the other driver’s information, including their name, contact information, driver’s license number, and insurance information.
Ask witnesses for their names and contact information.
Use your cell phone to take pictures of the accident scene and the damage to all vehicles involved.
Seek medical attention. If you were not immediately taken to the emergency room, seek prompt medical attention after the accident.
Keep all of your accident-related receipts and records.

Finally, reach out to an experienced car accident lawyer for help and to defend you against the aggressive tactics of the insurance company.

Getting Help from a Boulder Car Accident Attorney

After a motor vehicle crash, you need an advocate you can trust. The Boulder car accident attorneys at Daniels & Scriven, PC have spent more than 40 years fighting for the rights of victims and we’ve recovered millions for our clients over time.

Give us a call at (720) 903-4770 to schedule your free consultation today and learn how we can put our legal knowledge to work to fight for you.