Denver Car Accident Attorney

A total of 716 people lost their lives in traffic accidents in 2023 in Colorado. This was a 6% decrease from the number who died in car accidents in 2022 but it is still a very high number, with hundreds of families missing loved ones who will never come home again. Many more also sustained injuries in motor vehicle accidents, some of which will forever change their lives.  

When car accidents happen, victims need an advocate on their side. Daniels & Scriven, PC is here to help. Our Denver car accident lawyers have decades of experience representing crash victims and we’ve helped clients recover millions. 

We can negotiate a settlement for you outside of court in most cases, but are also prepared to litigate before a judge to help you get the money you deserve. Give is a call at (720) 863-6006 to schedule your free consultation and learn more about how we can help you. 

When Can You Make A Car Accident Claim In Denver?

You can make a car accident claim in Denver if you can show that another driver was at least partly responsible for causing you to crash and suffer harm. You do not need to show the other motorist was 100% to blame.

In some states, you’re not allowed to make a car accident case if you were even partly at fault. These are called contributory negligence states. In others, you can always pursue a case even if the other driver was only a small percentage to blame. These are called pure comparative negligence states.

Colorado law falls in the middle. The state follows a modified comparative negligence rule as outlined in Colo. Rev Stat. § 13-21-111. Under this law, you can make a claim for damages as long as your own “negligence was not as great as the negligence of the person against whom recovery is sought.” So if the other driver was at least 51% responsible, you should be able to move forward with your claim.

You won’t recover the entire amount due, though. As  Colo. Rev Stat. § 13-21-111 explains,”any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.” This means if the other driver was 75% at fault for the incident that harmed you, they’d have to cover 75% of your losses. 

To receive any car accident compensation, you also must ensure you act before the time limit set by the statute of limitations runs out. Under Colo. Rev. Stat. § 13-80-101, the time limit for making your case is three years when a motor vehicle is involved in causing you harm. If you delay beyond that deadline, your case will be time-barred. 

Types of Car Accident Claims

Unfortunately, victims can get hurt on the road in a wide variety of different situations, any of which could result in a car accident claim. Some common examples of cases where our injury attorneys represent clients include: 

• Bicycle accidents
• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents

In these and other situations where you were hurt by another motorist, you should contact a car accident lawyer as soon as possible after the incident for help gathering the evidence necessary to make a strong claim. 

How To Make A Denver Car Accident Claim 

Car accident claims are a type of tort claim, which arise “out of a violation of a legal duty imposed upon an actor to avoid causing harm to others,” as United Blood Servs. v. Quintana, 827 P.2d 509 (Colo. 1992) explained 

Every driver has a duty to exercise a reasonable degree of care on the road. If they behave less safely than a hypothetical person would have, or if they break a safety rule such as by driving drunk, then they should be viewed as violating their legal obligation. You can prove this with evidence such as statements from witnesses or police reports from the crash scene.

You don’t just have to show the driver had a duty to you and violated it, though. As Perreira v. State, 768 P.2d 1198 (1989) explains, you also must show “causation and damage.” Causation means demonstrating the defendant’s failures behind the wheel were the direct cause of the incident and damages involves showing how you experienced actual losses you can be compensated for.

Compensation for a Denver Car Accident Claim

You should receive payment for the actual financial losses you experienced following a crash. This can include:

• Past and future medical bills
• Lost wages
• Any decline in earning power as a result of your injuries
• Damage to your property resulting from the incident

These damages for actual financial loss are called compensatory damages. Two other kinds may also be available as well. 

One is non-economic damages, which are defined in Colo. Rev. Stat. § 13-21-102.5 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 imposed a cap on non-economic damages, with the maximum amount a victim can receive adjusted over time as a result of inflation. 

Punitive damages are also possible in circumstances of “fraud, malice, or willful and wanton conduct,” as Colo. Rev. Stat. § 13-21-102  explains. However, punitive damages are very rare in injury claims. 

At Daniels & Scriven, PC, we understand the rules and limitations on compensation and will work hard to help you get the maximum compensation available to you within the state’s guidelines.

Getting Help from a Denver Car Accident Attorney  

The Denver car accident lawyers at Daniels & Scriven, PC have the compassion, experience, and legal knowledge you need to cope with the aftermath of a motor vehicle crash. 

Whether we negotiate a settlement or represent you in court, we’ll put our four decades of experience to work for you to get you the best outcome possible after a crash has affected your future. Give us a call today at (720) 863-6006 to schedule a free consultation and learn more about how we can help you.