- Colorado is an at-fault state, meaning the driver found responsible for a crash is liable for the other party’s damages.
- Even if you are partially at fault, Colorado’s modified comparative negligence law may still allow you to recover compensation, reduced by your share of fault, as long as you are less than 50 percent at fault.
- Never leave the scene before police arrive, and consult an attorney regardless of your role in the accident.
Being involved in a car accident can be a stressful and frightening event. These feelings only increase when you are totally or partially at fault for the accident. When a crash happens, especially if you share any fault, you may be unsure what to do next. Speaking with an attorney can help you learn what to do after a car accident that is your fault in Denver, CO. Cheney Galluzzi & Howard is here to support you in a variety of car accident situations.
Immediately following a car accident, regardless of whether you caused it, you should take several steps to ensure your own safety, the safety of others, and the security of your case. The last thing you want to do is leave the scene before the police arrive. This will only complicate things further, as leaving the scene of an accident is illegal in Colorado, even if there are no injuries.
No matter how much fault you share in a car accident in Denver, it is wise to consult an attorney.
At-Fault Car Accidents in Colorado
Colorado operates as an at-fault state. If you are found responsible for a car accident, you become liable for the damages suffered by the other involved driver. It is also mandatory for every driver in the state to carry auto insurance. If you operate a motorized vehicle without insurance coverage, you will lose your driver’s license until you provide proof of auto insurance.
Likewise, if you are at fault for a car accident and do not have insurance, you will be fully liable for all damages to the other driver’s vehicle and person.
It is also important to know what could happen if you are only partially at fault or share fault with the other driver or drivers involved. When you are partially at fault, even in an at-fault state like Colorado, it does not mean there is no chance for you to recover compensation. However, being partially at fault could impact the amount of compensation you could seek.
In these situations, the compensation you recover will be directly proportional to your assigned percentage of fault. Oftentimes, insurance companies will do everything they can to minimize their financial payouts by reducing their settlement offers. They will most likely use your partial-fault status to their advantage so they can offer as little compensation as possible. For these reasons, it is vital to take certain steps after a Denver car accident, even if you are partially or totally at fault.
If you are at fault and wondering how the claim process unfolds, our Colorado car accident practice area page explains the full claims landscape, including how insurers evaluate fault and damages.
What to Do Following an At-Fault Car Accident
When you are involved in a car accident in Colorado, you need to take certain measures to protect your rights, regardless of the degree of fault you have in the accident itself. The aftermath of a car accident can be a stressful, overwhelming, and terrifying time, especially if you have any fault in the matter and are concerned over liability. The most important thing to do is to stay at the scene. Do not leave, as your departure will only further complicate matters.
The right steps to take following a Denver car accident include:
- Stop your vehicle, and move out of the roadway to a place of safety. Check yourself and other passengers for injuries. Then, check the drivers or passengers in the other vehicles for injuries. If anyone suffers serious injuries or dies, call for emergency medical services.
- Report the car accident by calling the police. Do not leave the scene of the accident before the police arrive, or you may face additional charges for a hit-and-run.
- Work to exchange information, such as contact information, names, and insurance information, with the other involved drivers. You can also copy down the make and model of their vehicle and their license plate number.
- Document the scene of the accident by photographing and taking videos of the positioning of the vehicles, any injuries you or a passenger in your vehicle have suffered, and any damage that was done to your vehicle. These forms of evidence can keep the story from being changed during a potential claims process.
- Contact your insurance provider, and inform them of the accident. Your policy most likely requires you to inform them of the accident as soon as possible; otherwise, you might miss any potential coverage.
For a broader look at what to do in the immediate aftermath of any Colorado crash, see our Denver car accident lawyer page, which covers the steps victims and at-fault drivers alike need to take to protect their legal position.
Frequently Asked Questions
How much does a car accident lawyer charge in Colorado?
Most car accident lawyers in Denver, Colorado, including Cheney Galluzzi & Howard, charge on a contingency fee basis. This means clients do not have to pay any upfront fees for their attorney’s services. If your attorney wins, they will receive part of the resulting settlement as their payment. If they do not win, you do not have to pay anything.
What happens if I cause a car accident without having insurance in Colorado?
If you cause a car accident in Colorado and do not have auto insurance, you will be liable for all damages to the other driver. You can also have your driver’s license suspended until you can show proof of insurance. Additionally, any future insurance you purchase will most likely have a higher premium, as you will be deemed a higher risk for future accidents.
What is the average car accident settlement in Colorado?
The average car accident settlement in Colorado varies. In these situations, you can recover several types of damages, all of which can influence the value of a settlement. These can include:
- Medical bills
- Lost wages
- Future anticipated medical costs
- Pain and suffering
- Bills for vehicle repairs
- Wrongful death damages if a life is lost
How does comparative negligence work in Colorado when you are at fault?
Colorado follows a modified comparative negligence standard (C.R.S. 13-21-111). This allows a driver who is partially at fault to seek compensation, as long as their share of fault is less than 50 percent. Their percentage of fault reduces the amount they can recover. If a driver is found 50 percent or more at fault, they recover nothing. For example, if you are 30 percent at fault for a crash and your damages total $100,000, you could recover up to $70,000.
Speak With a Trusted Car Accident Lawyer Today
No matter whether you are at fault in a Denver car accident or not, it is wise to speak with an attorney. A lawyer can review your unique situation and offer advice on what steps to take next. At Cheney Galluzzi & Howard, we are passionate about assisting clients in car accident claims. Contact our offices today to learn more.
If you were injured by another driver or are dealing with shared fault, our car accident practice area and Denver car accident lawyer pages cover the full range of Colorado car accident claims and what you can expect from the legal process.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any deadline, rule, or outcome applies to your case. Statute-of-limitations, comparative negligence, insurance, and compensation questions require case-specific legal review.
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