How is Fault Determined in a Car Accident?

Fault is determined in a car accident based on the actions of each driver and the legal elements of negligence. By identifying the accident’s cause, you can hold the at-fault driver accountable for your medical bills, lost wages, and pain and suffering. Identifying fault and building a solid case file is complicated and takes time and attention to detail. 

A Denver car accident lawyer can streamline your injury claim and help you get more money faster. They will investigate the crash, collect evidence, and deal with the insurance company so you do not have to. Your legal team will negotiate with the adjuster and fight hard to optimize your financial compensation. They will also accept your case on contingency and charge no upfront fees.

The Elements of Negligence That Determine Fault in a Car Accident

Fault is assigned in car accident cases in percentages. Each driver is responsible for the percentage of fault attributed to their actions. An investigation will document the following elements of negligence:

• Duty of care: The at-fault driver’s responsibility to drive safely
• Breach of duty: Their failure to meet their legal duty of care
• Causation: The direct link between action, accident, and injury
• Damages: The financial consequences of the car accident

These elements define the person or entity who can be held responsible in your car accident case. They are also used to break fault into distributable percentage points that affect liability and financial recovery. 

The Strength of Your Evidence Collection Can Lead to an Out-of-Court Settlement 

One of the primary pieces of evidence your lawyer will obtain is the police report, which has valuable information that can support your injury claim. It will tell your lawyer:

• Contact details for the driver and insurer
• Accident causes and contributing factors
• Witness statements from varying viewpoints
• Accident reconstruction reports and photos
• Police-generate notes, photos, and diagrams
• Medical records describing your injuries

Your evidence collection will also include proof of the accident’s costs, including medical bills, employment and salary history records, property repair bills, and replacement estimates. When you hire a lawyer to represent you, they do more than identify fault. They also handle the insurance company and navigate the entire process for you. 

The Role of Negligence in Identifying Financial Liability

Determining fault is crucial after a car accident since fault defines financial liability. The fault for a single accident can belong to multiple parties, including:

• The driver for their actions and behavior directly 
• Another driver in a chain reaction car accident
• A municipality for road conditions or broken traffic signs
• A vehicle or parts maker for a manufacturing or design flaw

If other drivers involved in your accident allege that some of the fault belongs to you, it could negatively impact your financial recovery. Colorado’s comparative negligence law (CO Code § 13-21-111) allows you to recover damage only if less than half of the accident cause is attributed to you. 

Your legal team can fight for a fair distribution of fault. They will also prove you were not at fault and protect your right to full financial recovery. 

Filing a Car Accident Lawsuit Is a Time-Sensitive Legal Matter

The state of Colorado limits the time you have to file a lawsuit against the at-fault driver in your case. Once fault is determined, you generally have:

• Three years from the date of the accident to comply with the personal injury statute of limitations, according to CO. Rev. Stat. § 13-80-101
• Three years from the date of a loved one’s demise to comply with the wrongful death statute of limitations, according to Colo. Rev. Stat. Ann. § 13-80-108

If the filing deadline is not met, you could inadvertently forfeit your right to file your lawsuit. The court could also dismiss your lawsuit if it was filed too late, meaning its merits will never be heard. The best way to avoid these potentially costly consequences is to let a car accident attorney handle them.

Medical Expenses and Recoverable Economic Damages for Car Accident Victims

The aftermath of a car accident can be costly and long-lasting. You should not experience financial hardship due to someone else’s negligence. By filing an insurance claim or lawsuit, you can seek compensation from the at-fault party. Types of recoverable damages in personal injury car accident claims include:

• Past and future medical expenses
• Past and future losses of income
• Loss of future capacity to earn 
• Damaged or destroyed property

Physical pain and suffering are intangible damages. They can be recovered from the at-fault party along with additional non-economic recoverable damages, which can include:

• Impairment and disfigurement
• Diminished quality of life
• Mental and emotional distress

When your lawyer requests these damages, they also collect proof of their monetary value. They will collect bills, receipts, and other documentation and include them in your case file. 

Surviving Families Can Recover Wrongful Death Compensation

The loss of a loved one in a car accident can leave your family reeling and unsure of what to do. A wrongful death attorney can help you build a strong case for compensation for your family. Recoverable wrongful death damages can include:

• Funeral, burial, and cremation expenses
• Loss of a loved one’s financial support
• Loss of a loved one’s domestic support
• Loss of consortium, care, and guidance
• Loss of companionship and society

In Colorado, only specific family members and dependents can recover wrongful death damages. Your lawyer will clarify who is eligible and who can file on behalf of your family. 

Get Help Determining Fault for Your Car Accident Case

If you were involved in a car accident, you can seek financial compensation from the driver whose negligence caused your accident. To do so, you must understand how fault is determined in a car accident case. At Matlin Injury Law, our car accident lawyers will prove the driver’s negligence and negotiate a fair and appropriate settlement. 

Get started immediately at no upfront cost. Contact us to find out how we can help you.