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Why Choose Matlin Injury Law
Our firm brings a deep command of Colorado’s traffic statutes, liability standards, and court systems to every aggressive driving accident case we handle. At Matlin Injury Law, we focus exclusively on personal injury litigation, which means our legal team is constantly applying Colorado law to real-world crashes involving speeding, reckless lane changes, road rage, and other dangerous driving behaviors. We build every claim through detailed investigation, including crash analysis, insurance policy review, and liability development, allowing us to confront both reckless drivers and the insurance companies that protect them. Clients work directly with their attorney, not a case manager, ensuring strategic decisions are made by an experienced trial-level lawyer who understands what is at stake. Backed by a record of millions recovered for injured Coloradans, and operating on a “no fee unless we win” contingency model, our firm is structured to pursue maximum compensation while you focus on healing.
Understanding Aggressive Driving and Your Rights in Colorado
“Aggressive driving” describes dangerous behaviors that put everyone on the road at risk. In Colorado, prosecutors often charge these actions under Reckless Driving (C.R.S. § 42-4-1401) or Careless Driving (C.R.S. § 42-4-1402). Common examples include excessive speeding, tailgating, weaving through traffic, and running red lights. Standard accidents often involve simple negligence. However, aggressive driving frequently crosses the line into “willful and wanton disregard” for the safety of others.
These cases require a specific legal strategy. Unlike a typical fender-bender, an aggressive driving accident often involves higher speeds. These impacts lead to severe injuries. Proving that a driver acted with malice or extreme recklessness may allow victims to pursue different compensation. This potentially includes punitive damages under C.R.S. § 13-21-102. Understanding the distinction between negligence and recklessness is critical to your case, as it can significantly impact the damages you recover.
How We Build a Strong Case Against Reckless Drivers
Building a successful claim against an aggressive driver requires more than just a police report. Our team initiates a detailed investigation to gather every piece of available evidence. We use dashcam footage and seek out witness statements from other motorists. Additionally, we download data from electronic data recorders (EDRs or “black boxes”). This helps prove the exact speed and braking patterns at the time of impact. Under C.R.S. § 42-4-2402, we follow strict legal protocols to access this data.
In challenging cases, we work with accident reconstruction professionals. These professionals use physics and digital modeling to recreate the crash. This proves the trajectory and reckless intent of the aggressive driver. We also handle the details of insurance policies. Sometimes, carriers try to use “intentional act” exclusions to avoid paying road rage claims. We hold these companies accountable. Additionally, we help you handle alternative recovery routes, such as Uninsured/Underinsured Motorist (UM/UIM) coverage. This helps you receive the compensation you deserve.
Evaluating the Strength and Value of Your Claim
Several factors influence the potential value of an aggressive driving claim. The severity of your injuries and the clarity of the other driver’s liability play major roles. When evidence clearly shows a “willful and wanton” disregard for safety, the case becomes stronger. Medical documentation of your injuries is critical to establishing the full extent of your damages.
We support our clients throughout the entire medical recovery process. This helps all injuries get documented correctly. We also account for Colorado’s modified comparative negligence rules under C.R.S. § 13-21-111. This law allows you to recover compensation if your negligence was “not as great as” the defendant’s. This means you are less than 50% at fault. Our goal is to minimize any allegations of fault against you to increase your recovery. Understanding how fault is determined in car accidents helps you prepare for settlement negotiations.
Take the Next Step Toward Justice with Matlin Injury Law
Matlin Injury Law stands ready to help Colorado accident victims hold reckless drivers accountable. We understand the trauma of an aggressive driving collision. Our team provides the advocacy needed to secure your future. Help is available 24/7 to discuss your situation. If you’ve been injured in an aggressive driving accident in Colorado, don’t hesitate to reach out.
Contact Matlin Injury Law today for a free, no-obligation case evaluation. Let our team handle the legal burdens so you can focus on your recovery. Call us at (303) 854-6078 or visit our office to get started.
FAQs
What qualifies as aggressive driving under Colorado law?
Colorado law identifies aggressive driving through specific behaviors that endanger people or property. Common examples include tailgating accidents and failing to yield the right-of-way. Another example is weaving in and out of lanes without signaling. When these actions occur with excessive speeding, law enforcement may cite the driver for reckless driving. This is a Class 2 misdemeanor traffic offense under C.R.S. § 42-4-1401. Victims of these dangerous behaviors often suffer catastrophic injuries requiring immediate legal intervention.
Who is legally responsible for a road rage accident?
The driver who initiated the aggressive behavior typically bears legal responsibility for the resulting damages. However, establishing liability requires proving that their actions directly caused the collision. A road rage accident attorney investigates the sequence of events. This helps demonstrate that the other driver’s hostility or recklessness led to your injuries. In Colorado, comparative negligence rules may apply, meaning you could still recover damages even if you were partially at fault.
How does an aggressive driving charge affect my personal injury claim?
If the police charge the other driver with reckless driving, it acts as evidence in your civil claim. A criminal conviction does not automatically win your personal injury case. However, it establishes a record of the driver’s dangerous behavior. This makes it harder for insurance companies to deny liability for Denver aggressive driving claims. Additionally, a reckless driving conviction strengthens your negotiating position with insurance carriers.
What is the legal process for filing a claim in Colorado?
The process begins with a detailed investigation. Then, we file a claim with the at-fault driver’s insurance company. We handle all communications and negotiations. If the insurance company refuses to offer a fair settlement, we prepare to file a formal lawsuit. We do this in the appropriate Colorado court to protect your rights. Understanding how the car accident claim process works is essential to managing expectations throughout your case.
What types of compensation can I recover for my injuries?
Victims of aggressive driving can recover economic damages. These include medical bills and lost wages. You may also recover non-economic damages like pain and suffering. In cases involving “willful and wanton conduct,” you may qualify for punitive damages. These are exemplary damages under C.R.S. § 13-21-102. They aim to punish the wrongdoer and deter similar behavior. Learn more about types of damages in personal injury claims to understand your full recovery potential.
How long do I have to file a lawsuit after an aggressive driving accident?
In Colorado, the statute of limitations for most car accident lawsuits is three years. This starts from the date of the crash (C.R.S. § 13-80-101(1)(n)(I)). However, if the accident involved a government vehicle, you must file a formal notice. This notice falls under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109(1)). You must file within 182 days. Consulting a Colorado car accident lawyer early helps you meet these important deadlines. Don’t wait, contact us today to protect your legal rights.
What if the other driver was charged with a crime like reckless driving?
A criminal charge reinforces your civil case. It provides a foundation of documented misconduct that we use to negotiate higher settlements. We monitor the criminal proceedings. This helps any evidence presented in court also support your claim for damages. A reckless driving charge significantly strengthens your position in civil litigation.
Should I accept the first settlement offer from the insurance company?
Insurance adjusters often make low initial offers to settle cases quickly and cheaply. These offers rarely cover the full extent of long-term medical needs or lost earning capacity. You should always have a legal professional review any offer before signing away your rights. Learn about bad faith insurance practices and how we protect you from unfair settlements.
Do I have a case if there were no other witnesses to the accident?
Yes. While witnesses are helpful, we can prove liability through physical evidence. This includes skid marks and vehicle damage patterns. We also use digital data from the cars involved. Our investigative team knows how to build a compelling case even when it is your word against the other driver’s. Physical evidence analysis is often more reliable than eyewitness testimony in aggressive driving cases.
