While automobiles are a virtually essential component of daily life, that unfortunately does not mean they are always safe to operate. Often, though, the biggest danger to drivers in Fort Carson is not mechanical faults or poorly maintained roads, but other motorists who act irresponsibly behind the wheel.
If you got hurt in an accident caused by another driver, you may have grounds for a legal case that a personal injury attorney could work with you to pursue. By talking to a Fort Carson car accident lawyer, you could get a better sense of what your legal options are, and which course of action would best suit your physical and financial needs.
A few examples of common causes of car accidents are distracted driving, drinking and driving, speeding, and poor weather and road conditions. The cause of the car accident plays a part in determining who is at fault. For example, if a car accident was caused by a driver who was on their cellphone, the distracted motorist would be at fault because they were not paying attention to the road and acting as one should behind the wheel.
Like other personal injury lawsuits, car accident cases are typically based on legal negligence. To hold a civil defendant liable in a car wreck case, an attorney in Fort Carson must demonstrate all of the elements of negligence. Therefore, a lawyer must prove:
All licensed drivers have a duty of care to drive in a manner that does not put anyone at risk of harm. However, a breach of that duty can take many different forms. Many civil cases are based on traffic violations like speeding or failing to yield, but distracted driving, driving while drunk, and poor vehicle maintenance also may be sources of liability. Legal counsel could help a plaintiff collect evidence like police reports, photographs of the accident scene, witness testimony, and medical diagnoses to demonstrate fault and prove the existence of damages.
If an auto accident case is successful, a lawyer in Fort Carson may be able to recover compensation on a plaintiff’s behalf for their medical bills, lost wages, and vehicle repair costs. Additionally, injured drivers may be able to seek noneconomic damages that cover physical pain and loss of enjoyment of life. However, claimants should know that Colorado Revised Statute §13-21-111 establishes that a defendant may utilize comparative negligence to argue that a claimant should not receive full compensation.
Based on this statute, a person being sued for causing a car crash may allege that the plaintiff was partially or primarily at fault. If a court agrees with this argument, it may reduce the plaintiff’s final damage award by their percentage of assigned fault. However, if the plaintiff is 50 percent or more at fault, the court may bar this individual from obtaining any compensation. A skilled attorney could help someone prepare a car accident case the fights against allegations of comparative negligence while pursuing fair compensation for all of their losses.
A person who has suffered injuries in a car crash should contact an attorney right after they have been in the accident. In the immediate moments after an accident, a driver should the police first and then any family members. After the car accident has been handled by police and they have been released to go on their way, it is recommended that they contact a Fort Carson attorney at that point and set up a consultation. One of the most important reasons to contact an injury lawyer is that they could explain the personal injury process and give guidance on where to go for medical treatment for any injuries.
Even if it seems obvious that someone else is to blame for a car accident, demonstrating fault in civil court can still be a complicated matter. Plaintiffs must be prepared not only to demonstrate liability based on a preponderance of available evidence but also to show that they were not responsible for causing or exacerbating the harm done to them.
A Fort Carson car accident lawyer could work tirelessly to mitigate potential legal challenges, ensure your case proceeds smoothly, and help you recover the compensation you need. To get started on your case, call today.