Colorado Springs Car Accident Lawyer
Car wrecks happen every day. But you shouldn’t deal with the aftermath alone. A Colorado Springs car accident lawyer can help you navigate the complex insurance claims or personal injury lawsuit process. At Brylak Law, we have extensive experience working with people who have been seriously injured. Our Colorado Springs personal injury attorneys can help you obtain the compensation you deserve after a crash. Call us today at (866) 496-3815.
Causes of Car Accidents in Colorado Springs
The most common cause of car accidents in Colorado Springs is driver negligence. However, you must prove that the other driver was negligent in order to hold them legally liable for your losses. To show negligence, you should work with a Colorado Springs car accident lawyer to prove:
- The other driver owed you a duty to drive safely;
- The other driver did not drive in a reasonably safe manner and violated that duty;
- The driver caused the car accident with unreasonable actions or inaction; and
- You were injured or otherwise suffered losses because of the other driver.
Driver negligence and other common causes of car accidents include:
- Reckless or aggressive behavior while driving
- Inexperienced driving
- Texting and driving or otherwise distracted driving
- Violating traffic laws, such as speeding
- Driving under the influence (DUI)
- Sleepy or fatigued driving
- Unsafe roads
- Weather that is dangerous
- Defective car parts
- Failure to property maintain the vehicle
Steps You Should Take After a Car Accident in Colorado Springs
It can be difficult to know what to do after a car accident. You may be confused and unsure of how to handle a claim. These steps can help you remain calm after an accident:
- Get medical assistance. If you are seriously injured, get emergency medical care at the scene of the accident. Even if you only have minor injuries, you should follow up with a doctor.
- Call 911. The police will conduct an investigation and complete an accident report that can be used in making a claim.
- Get names, phone numbers, and insurance information from other drivers. You should also collect personal information from witnesses.
- Take pictures and video of the accident. You should thoroughly document property damage, surroundings, and injuries.
- Call a Colorado Springs CO car accident lawyer. As soon as you’re able, call an attorney who can help you make a claim.
Insurance adjusters will start calling you soon after an accident. You shouldn’t talk to them until you’ve consulted with a Colorado Springs CO car accident lawyer.
Common Injuries From Car Accidents
Because cars often travel at high speeds and wrecks involve large objects, serious injuries are common in car accidents. Although you may be injured in many different ways, common injuries include:
- Neck injuries like whiplash
- Mild, moderate, and severe traumatic brain injuries (TBIs), including concussions
- Soft tissue damage, such as bruises, burns, and lacerations
- Back and spinal cord injuries
- Broken bones
- Muscle sprains and strains
- Mental health issues, such as post-traumatic stress disorder (PTSD)
A Colorado Springs CO car accident lawyer can help you gather your medical records to show that you were injured in the wreck. Then, you can submit a claim for compensation to the other driver’s insurance company.
Who Pays Out in a Car Accident?
Who pays out in a car accident depends on who caused or was responsible for the car accident. In each case, those making claims against either their own or an at-fault party’s insurance company may find the process more frustrating than it should be. Understand though, that if an insurance company can deny a claim or get a lowball offer accepted in even 5% of cases, they are saving millions of dollars each year. So it’s worth their effort to try. They’re counting on you not fighting them for the full value of your claim. That’s where Brylak Law steps in. We can ensure a positive settlement or take the case to court if need be.
The Other Driver’s Insurance Policy
In cases where the other driver is at fault, their insurance company will foot the bill for the lawsuit. But most drivers don’t understand what an insurance policy is or how it is supposed to work. Insurance companies have a fiduciary duty to act in the best interests of their policyholders. That means acting as a kind of de facto representation for their policyholder. The insurance company’s interests and their policyholder’s interests are aligned. The policyholder doesn’t want to have a major mark on their record for causing an accident, and the insurance company does not want to be in the position of paying out a major settlement.
You and your Colorado Springs car accident lawyer represent the opposition to the at-fault driver and their insurance company. Your attorney’s job is to ensure that you are compensated to the maximum extent allowable by law. That means getting you compensation for non-economic damages such as pain and suffering, emotional trauma, and your lost wages, on top of your medical expenses. That’s important because you are entitled to recover those damages under the law. But insurance companies will not offer that money willingly.
A Personal Injury Protection Policy
Personal Injury Protection or PIP is a kind of no-fault insurance that no-fault states mandate their drivers carry. Colorado is a tort state and does not require drivers to have PIP policies. Nonetheless, you can purchase one when you purchase your liability coverage.
PIP coverage pays out regardless of who is at fault. This makes it an ideal policy to make a claim on when you’re the one who is responsible for the accident or your negligence is greater than the other party’s. PIP policies generally pay for your medical expenses and a portion of your lost wages.
In some cases, insurance companies may deny an otherwise valid claim. But because insurance companies have a fiduciary responsibility to act in the best interests of their policyholders, they can be held liable for a bad faith rejection of your claim. If you feel like the insurance company is not adequately covering your expenses or has rejected your claim in bad faith, the car accident lawyers at Brylak Law can help.
Uninsured / Underinsured Driver’s Insurance
Colorado Law demands that insurance companies offer drivers Uninsured / Underinsured Motorist’s (UIM) coverage. Colorado drivers are free to reject this offer but must do so in writing. It is supremely unwise to reject this offer. Believe it or not, there are a large number of drivers out there who are driving without insurance. There are also those who are driving on suspended or revoked licenses. When a driver causes an accident and then flees the scene and cannot be found later, it is your UIM policy that pays out.
When disputes arise over the terms of the policy or the insurance company does not offer you a good settlement, the attorneys at Brylak Law can help you recover damages for all your losses.
Commercial Policies and Rideshare Companies
Companies that have company vehicles are responsible for the conduct of their employees when they are on the job. These companies are required to purchase commercial insurance and that is who you will make the claim against. But it works the same was as individual policies. The insurance company has a fiduciary duty to act in the best interests of their client.
Rideshare companies have insurance policies for their drivers and the drivers themselves carry personal insurance policies. These rideshare policies pay out when the driver is on the way to pick up a fare or has a rider in their vehicle. In other incidences, the driver’s personal insurance policy will pay out.
How Much Is a Car Accident Claim Worth in Colorado Springs, CO?
You may file a claim with the insurance company of the negligent driver or with your own insurance company. However, if there is no insurance available or if the insurance company denies your claim, you may have to file a personal injury lawsuit. You should work with a Colorado Springs CO car accident lawyer to help you handle the legal issues after a crash.
Brylak Law can help you obtain compensation for the following losses after a car accident:
- Past and future medical bills
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Modifications you may need to homes and vehicles due to your injuries
- Loss of consortium
- Funeral and burial costs if you lost a loved one in the accident
- Punitive damages
Contact a Colorado Springs Car Accident Lawyer for Help With Your Claim
If you or a loved one were in a car accident, you likely have many questions. An experienced Colorado Springs CO car accident lawyer can give you answers and walk you through the legal process after a crash. Call Brylak Law today at (866) 496-3815.