2024 How to Determine Fault in a Denver Car Accident?

Injury and Accident Law
2024 How to Determine Fault in a Denver Car Accident?

If you or a loved one recently suffered injuries in a car accident, it is vital to understand your rights and the Colorado laws that apply to your case. You need to know how to determine fault in a Denver car accident case if you intend to secure full compensation for your losses, but this could be difficult without legal representation. A Denver car accident lawyer will be an invaluable asset in this situation.

Proving Liability for a Car Accident in Denver

Accidents happen in many ways. Rear-end collisions, head-on collisions, sideswipe accidents, and underride accidents are just a few examples. However, while it will be necessary to explain the mechanics of how an accident occurred, it is more important to determine the root cause. Most of the vehicle accidents reported in Denver happen because of driver negligence, and it is also possible for them to happen due to intentional and illegal misconduct.

  • Distracted driving is a leading example of driver negligence and is responsible for many accidents throughout Colorado each year. Proving fault for this type of accident may require obtaining the at-fault driver’s cell phone records to prove they were distracted by their phone when the accident happened or by securing traffic camera footage.
  • Speeding. Police in Colorado use various methods to clock drivers’ speeds, and many traffic cameras are equipped with speed sensors. Vehicle computers also store accident data and other events, and the other driver’s vehicle computer may show their speed at the moment before an accident happens.
  • Intoxicated driving. Police are likely to arrest any driver confirmed to be under the influence of drugs or alcohol at the scene of the accident. If you were injured by a drunk driver, your attorney can help you obtain a copy of the police report from their arrest to corroborate your claim.
  • Traffic violations. Running red lights or stop signs, performing illegal turns, and failing to yield the right of way are just a few examples of traffic violations that can cause accidents. Footage from nearby traffic cameras and testimony from witnesses who saw an accident happen are typically the most viable forms of evidence one may use to prove fault for this type of accident in Denver.

Ultimately, every car accident is unique, and every injured driver will encounter different challenges as they seek compensation for their damages. If you are unsure how to determine fault in a Denver car accident case, you should seek medical care for your injuries and then consult an experienced attorney at your first opportunity. The more time your attorney has to gather evidence, the more likely you are to successfully establish fault for your accident.

Proving fault for your accident will enable you to claim compensation for your damages. This recovery process typically begins with an auto insurance claim against the at-fault driver, and then you can file a personal injury suit when their insurance won’t fully cover your losses. Cheney Galluzzi & Howard can provide the comprehensive legal support you need for all your impending recovery efforts after a car accident in Denver.


Q: How Is Fault Determined in a Car Accident Case in Colorado?

A: In Colorado, the fault is determined in a car accident case by a thorough examination of all available evidence and witness testimony. Your attorney can help you prove fault by gathering various forms of evidence, such as the other driver’s cell phone records, footage from nearby traffic cameras, and testimony from any witnesses who saw the accident happen. It is necessary to prove fault before you can claim any compensation for your damages.

Q: Is Colorado a No-Fault State for Car Accidents?

A: No, Colorado is not a no-fault state for car accidents. The fault rule applies to all motor vehicle accidents, so proving fault will be essential before you can recover any compensation for your damages. This applies to both an auto insurance claim and/or personal injury suit filed in response to a car accident. If you bear any partial liability for the accident, it will diminish your total recovery by a corresponding amount.

Q: How Does Shared Fault Work in a Colorado Car Accident Case?

A: In a Colorado car accident case, shared fault is resolved under the state’s modified comparative fault rule. This rule states that if a driver shares fault for the accident they caused, they have a fault percentage assigned, and then they will lose this percentage of the compensation they win from the other at-fault driver. However, the fault threshold is 50%, so any fault over this would mean they lose the ability to claim compensation from anyone else.

Q: Why Should I Hire a Colorado Car Accident Attorney?

A: You should hire a Colorado car accident attorney for several reasons. First, they can make proving fault for your accident much easier as they will be able to gather all the various types of evidence you may need to establish liability. Second, they will make dealing with an auto insurance carrier much easier and resolve any disputes raised against your claim. Third, you are more likely to win a personal injury suit and maximize your case award with their help.

Q: Will an At-Fault Driver Go to Jail for Causing an Accident?

A: An at-fault driver may go to jail for causing an accident if they broke the law in causing the accident. The most common example of how this can happen in Colorado is intoxicated driving. The at-fault driver in this situation not only faces liability for the civil damages they caused to the plaintiff but also criminal prosecution. Their penalties will increase because they harmed a victim, and they may owe punitive damages alongside the other damages owed to the victim.

Cheney Galluzzi & Howard has the experience you need to navigate a car accident case successfully. If you are unsure how to determine fault in a Denver car accident case, we can help. We have handled many accident claims for past clients, and we can put this experience to work in your case. Contact our firm today to schedule a free consultation with an experienced attorney to represent you.

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Kevin Cheney

Attorney Kevin Cheney, an experienced personal injury lawyer based in Denver, Colorado, serves as the Managing Partner at Cheney Galluzzi & Howard, LLC. He specializes in personal injury and auto accident cases. His approach combines deep legal knowledge with a commitment to client advocacy. Education: Graduated from the University of Colorado School of Law, demonstrating early legal prowess and a passion for justice. Professional Associations: Active member of the Colorado Trial Lawyers Association and the Colorado Bar Association, contributing significantly to legislative and community initiatives. Experience: Extensive experience in handling complex personal injury cases, with a track record of securing substantial compensations for clients.

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