When you get injured in an auto accident, certain questions will eventually start to creep into your mind. How long will it take until you are fully recovered? How much are your injuries going to cost you? Could you possibly have been at fault in the accident?
If you are concerned that you may be partially to blame for your own injuries, it is important not to rush to judgment. Determining fault in an auto accident is more complicated than it sounds, and if you assume that you were to blame, you could lose out on your opportunity to receive just compensation.
5 Key Facts about Fault in Car, Truck and Motorcycle Collisions
1. Fault is a Legal Construct
When it comes to seeking financial compensation for injuries sustained in a vehicle collision, “fault” is a legal construct that does not necessarily align with what most people think of when they think about assigning blame for an accident. In order to know whether you were partially at fault, you need to assess the circumstances involved in your accident in light of the relevant principles of Colorado law.
2. Establishing Fault Requires Proof of Negligence
In most auto accident cases, fault is judged under the law of “negligence.” In order to conclusively demonstrate that you were partially at fault, it would be necessary to collect evidence of your negligence from the scene of the collision.
3. Even if You Made a Mistake, This Doesn’t Necessarily Mean You Were at Fault
While being “negligent” can generally be thought of as making a mistake, even if you made a mistake, this does not necessarily mean that you were partially at fault in the accident. If the accident would have happened regardless of your action (or inaction), then your mistake is irrelevant to your claim for compensation.
4. Even if You Were Partially at Fault, You Can Still Seek Financial Compensation
Let’s assume the evidence shows that you were partially at fault. What now? Under Colorado’s law of “modified comparative fault,” you could still be entitled to partial compensation. As long as you were not more than 49 percent at fault in the accident, you can still recover a percentage of your injury-related losses.
5. In Order to Recover Compensation, You Will Need to Deal with the Insurance Companies
Regardless of the circumstances at hand, if you are entitled to compensation, you will need to deal with the insurance companies. This means that you are facing an uphill battle, and this means that you need experienced legal representation. To make sure you are able to recover maximum compensation for your injuries, you should consult with an attorney as soon as possible.
Discuss Your Case With a Denver Accident Attorney at Levine Law
If you have been injured in an accident in the Denver area, we encourage you to contact us promptly for a free, no-obligation consultation. Our attorneys can determine who was at fault in the accident, and we can take on the insurance companies to help you win the compensation you deserve. We are available 24/7, so call (303) 333-8000 or request an appointment online now.