Being a passenger in a car accident can be a frightening and confusing experience. Unlike drivers, passengers don’t have control over the vehicle, yet they can still suffer injuries and damage from the accident. So, what rights do passengers have in a Denver car accident?
It’s important to understand the rights passengers have in these situations and how they can pursue compensation for their injuries.
Helping Injured Passengers Recover From Accidents in Denver, CO
Cheney Galluzzi & Howard has years of professional experience representing all types of vehicle accident victims in Denver, including both drivers and passengers. The aftermath of any vehicle accident can be stressful, confusing, and uncertain. However, with our team’s assistance, you can have a better sense of your situation and your legal options for recovering your losses. We excel at resolving complex cases and can apply our experience to your case.
When you choose our firm to represent you, we can carefully review the details of your accident and gather any evidence you may need to firmly establish liability. Once fault is determined, you can proceed with claiming compensation for your losses. This typically entails an auto insurance claim against the at-fault driver, but the case can get complicated when a driver has injured the other driver as well as their passengers.
What Is the Law on Car Accidents in Colorado?
Colorado law requires that any car accident resulting in injury, death, or property damage must be reported to the police immediately. This ensures that there is an official accident report, which can be critical for any subsequent insurance claims or legal actions.
In Colorado, the state operates under a fault-based system for car accidents. This means that the driver who is at fault for the accident is financially responsible for any injuries or damages caused, even for passengers.
If a passenger’s injuries exceed the at-fault driver’s insurance coverage, the passenger may have other options for seeking compensation, including filing a claim under the driver’s uninsured/underinsured motorist coverage or pursuing a personal injury claim.
Can a Passenger Leave the Scene of an Accident in Colorado?
Staying at the accident scene helps ensure you are listed in the police report and allows you to provide a statement about what happened. This could be important if there are disputes about liability.
Leaving the scene too early could complicate the process of filing a claim for your own injuries or obtaining compensation. However, in situations where remaining at the scene poses a danger or there’s a need for immediate medical attention, leaving to get help is reasonable.
Who Is Responsible for What Happens to the Car and Its Passengers?
In a car accident, determining who is responsible for damages and injuries largely depends on who is at fault for the accident. In the case of passengers, responsibility for their injuries typically falls on the driver(s) involved in the crash. This includes:
- The driver of the car in which the passenger was riding.
- The driver of another vehicle.
- Both drivers: In some cases, both drivers may be partially at fault. Colorado follows a modified comparative negligence rule, meaning liability may be shared between drivers, and the passenger could potentially file claims against both.
Passengers should also be aware that if they knew of the driver’s negligence before the accident (e.g., they knew the driver was intoxicated or reckless), their ability to seek full compensation could be reduced under Colorado’s comparative negligence laws.
What Is the Statute of Limitations for Car Accidents in Colorado?
The statute of limitations is the time limit for filing a legal claim after a car accident. In Colorado, the statute of limitations for personal injury claims stemming from a car accident is three years from the date of the accident.
This means that a passenger injured in a Denver car accident must file a personal injury claim within three years.
Failing to file a claim within the three-year period generally means losing the right to seek compensation. However, there are some exceptions to this rule, such as if the injured party is a minor or if the accident involved a government entity. In these cases, the time limits might differ, so it’s important to seek legal counsel to understand how the statute of limitations applies to your specific situation.
Filing an Auto Insurance Claim for a Passenger Injury in Denver
Every driver in Colorado must have auto insurance that complies with the state’s minimum coverage requirements. A policy must include coverage for bodily injuries to a single person, bodily injuries to all persons injured in a single accident, and property damage. If you were riding as a passenger and the driver of another vehicle caused your accident, their insurance would pay for the damages suffered by all occupants of your vehicle, including you.
However, if the person driving the vehicle in which you were riding as a passenger caused the accident, their insurance would pay for your damages. It is also possible for multiple parties to share fault for an accident, and this could further complicate your case. Your passenger injury accident lawyer in Denver can help you prove fault and file your insurance claim against the appropriate party.
Dealing with insurance carriers is often challenging because they will almost always look for ways to fight back against claims for coverage, sometimes resorting to unethical, bad-faith tactics in their efforts to avoid paying out settlements. However, an insurance carrier is more likely to process a claim efficiently and in good faith when they see that a claimant has legal counsel representing them.
Recovering From a Passenger Injury in Denver
When insurance will not fully cover your losses or if the at-fault driver does not have insurance, you can file a personal injury claim to seek full compensation for your damages. Under Colorado’s personal injury statutes, you have the right to seek compensation for your economic damages and the pain and suffering you endured, but state law limits pain and suffering compensation in most personal injury cases.
FAQs
Who Is Liable for a Passenger’s Injuries in a Denver Car Accident?
Liability for a passenger’s injuries depends on who is at fault for the accident. This could be the driver of the car the passenger was in, another driver involved in the accident, or multiple parties. Passengers can pursue claims against the at-fault party’s insurance to recover damages, but if the at-fault party’s insurance can’t cover all damages, a personal injury claim can be filed.
What Compensation Can Passengers Claim After a Car Accident in Denver?
Passengers can claim compensation for medical bills, lost wages, pain and suffering, and other related expenses. If the accident results in long-term disability or ongoing medical treatment, passengers may also be entitled to future medical costs and compensation for diminished quality of life. A passenger injury car accident lawyer can help you get the justice you deserve.
Can Passengers Receive Compensation If They Were Not Wearing a Seatbelt?
In Colorado, passengers may still be eligible for compensation even if they were not wearing a seatbelt, although their compensation may be reduced. Colorado follows a comparative negligence rule, so if not wearing a seatbelt contributed to the severity of a passenger’s injuries, it could impact the amount of damages the passenger can recover.
Can a Passenger File a Claim Against Both Drivers in a Denver Car Accident?
Yes, if both drivers share responsibility for the accident, a passenger can file claims against both drivers\’ insurance companies. Colorado follows a comparative fault system, so the passenger may seek compensation from all parties who were negligent depending on the percentage of fault assigned to each driver. If insurance is not enough to cover damages, a personal injury claim can be filed.
A Denver Legal Team You Can Trust
Passengers have significant rights when it comes to compensation and protection following a car accident in Denver, CO.
If you were a passenger in a motor vehicle accident, Cheney Galluzzi & Howard are ready to support you through this difficult time. Contact us today to schedule a consultation, and let us fight for the justice you deserve while you recover.
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