Auto Accidents: Know Your Rights and Responsibilities
Understanding your rights and responsibilities in a Colorado car accident is critical in recovering compensation for harm caused by others. You do not have to worry if you do not know much about handling a claim because you can always get the help of a car accident attorney.
Still, you must understand the basics even as you get a lawyer so you can have a rough idea of what to expect and what to do to better your odds of recovery. This guide highlights the basics regarding rights and responsibilities, so keep reading to learn more.
Your Right to Compensation
Colorado is an at-fault state, which means that a victim of an accident has the right to sue the at-fault party for damages suffered in a car accident. However, you have to prove liability on the part of the defendant. In most cases, liability for a car accident is negligence-based, where you have to show that the defendant failed to uphold their duty of care to other road users, which would be you, and that this failure resulted in an accident where you suffered injuries.
You may not need to prove negligence if the accident results from a defective car part. Instead, you will only need to show that the defendant, who would be the faulty part maker, was sold a faulty part that caused an accident and that you suffered harm. Proving liability is never easy, and you may want to have a lawyer by your side if you want the best chance of recovering what you deserve.
Evidence Gathering
While you seek compensation in an accident, your actions or inaction will significantly impact the outcomes of your case. Your responsibility to better your outcomes starts at the scene by taking pictures and recording video footage. This is also the best time to talk to eyewitnesses and ask for their contact information. Make sure you record their accounts of the accident to jog their memory should they be required to explain what they saw later.
Notifying the Police
You also have the responsibility of notifying the police. The legal requirement for reporting an accident is if it results in bodily injuries or property damage exceeding $1000. However, it is best to file a police report for any accident, as you may not know what will happen later. The police report is the official accident record and can be critical in building your case.
Seek Medical Attention
The most important thing to do after an accident is to seek medical attention. Getting medical attention serves two purposes: it gets you out of danger and provides the documentation necessary to prove harm and its severity. Without injuries, it can be pretty challenging to recover compensation.
Get a Lawyer
“You can have all the evidence possible. However, without the knowledge to analyze and organize it, it may not do you much good, and this is where a lawyer’s role is critical,” says Colorado personal injury lawyer Amy Gaiennie.
Remember, most personal injury lawyers do not ask for anything beforehand. You only pay them after they win your case and at a pre-agreed percentage of the settlement.
You stand to lose much more without a lawyer than what you spend on paying them because they have the opportunity to help you maximize the payout, such as accurately estimating the damage valuation, helping you avoid mistakes that could hurt your case, and commanding respect from the other side.
