Determining Fault in a Colorado Car Accident

In most cases, your ability to recover damages from the other driver’s insurance company will depend on who was at fault in your car accident. Sometimes fault is obvious. Other times, it’s questionable.

Don’t assume you can or can’t recover damages until you talk with a Colorado car accident lawyer. The attorneys at McDivitt Law Firm will help you understand liability, fault and your legal rights and options in a free consultation.

Every case is different and it’s important to discuss the specifics of your situation with an attorney if you want real answers about liability and fault, but we do have some general guidelines that could help you understand fault.

No doubt liability

You have probably heard that authorities and insurance companies always assign fault to the driver who rear-ends another, and that is typically the case. There are other circumstances like that.

Drivers who are backing up are usually held responsible for crashes regardless of circumstances, along with those who run red lights or who are making left-hand turns in front of drivers going the opposite direction.

When a driver breaks basic traffic laws or is texting or impaired in any way, it increases the chances that the driver will be determined liable in your car accident.

Contributory negligence

When law enforcement responds to a car crash, officers typically investigate and interview everyone involved along with any bystanders who witnessed the crash. Based on their investigation, officers may assign a percentage of fault to each party. As long as you are less than 50 percent liable, you might be able to recover a portion of your damages.

However, the determination of what percentage of fault must be attached to each party will be determined by a jury if your case isn’t settled.

If you’re injured

If you were hurt in a car accident, regardless of who was determined to be at fault, contact the Colorado car accident attorneys at McDivitt Law Firm. Your ongoing medical bills, lost wages and damages could be substantial. Call us so we can help you avoid that hardship.

Free consultation

We are available 24/7 to offer a free consultation that will answer your questions and help you better understand your legal options and rights following a Colorado car accident. Talking with us will not obligate you to work with us further, and you will pay nothing unless we get money for you.

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