Different Types of Car Accidents
The car accident attorneys at Sears & Associates, P.C. can assist those who have been victims of the negligence from the following types of car accidents, and more:
- Rear-end car accidents;
- Side-impact or sideswipe car accidents;
- Head-on car collisions;
- Rollovers;
- Multi-car accidents;
- Car accidents caused by a reckless or distracted driver, or
- Car accidents caused by an impaired driver.
What steps should I take after a car accident?
Following a car accident, it is normal to be shaken up and unable to think clearly. Despite this, it is imperative that you follow the steps below in order to ensure your claim will have a fighting chance of success. These steps include:
Seek Medical Attention
The first thing you should do after an accident is visit a doctor. Even if you believe you aren’t injured, the rush of adrenaline you experience after a car accident can easily mask symptoms of an injury. In many cases, the symptoms for serious injuries do not show up for several days or weeks. If you do not see a doctor after the accident, then days or weeks later realize the accident did cause an injury, it can be more difficult to prove your case later on. Further, treatment for car accident injuries tends to be easier and more effective when that treatment is sought early on.
It is also important to visit a doctor because your medical paperwork will serve as proof of your injuries in your car collision claim. Without such evidence, the other driver’s insurance company may refuse to pay for your injuries.
(For more information on how to pay for medical treatment, check out our FAQ.)
Gather Information and Evidence
In addition to all medical paperwork detailing your car accident injuries, whenever possible you should also gather the following evidence:
- The contact information and insurance information from the other driver;
- Photographs taken at the scene of the accident, including proof of damage to both vehicles;
- Testimony and contact information from any eyewitnesses;
- A copy of the police report
- Any potential surveillance footage or photographs from traffic cameras in the area.
Notify the Insurance Companies
Make sure that your own insurance company and the company of the other driver know about the accident. While these are important steps, it is crucial that you know what to say—and what not to say—when you make these calls.
As an example, if you are asked whether it is okay to record the conversation, you do not have to agree. Basically, you should keep the conversation short, limit it to facts only, and make no statements regarding fault.
Before speaking with either insurance company, read our post about what you should know if you are in an accident.
Speak With Sears & Associates, Colorado Springs Car Accident Attorney
This could well be the most important piece of the puzzle following your car accident. Our attorneys have spent the last forty years helping injured accident victims receive the compensation they need and deserve. We work with accident re-constructionists as well as medical and financial experts to establish accident liability, prove negligence and determine the value of the damages you have suffered.
The Sears & Associates, P.C. attorneys will give you an honest and thorough legal assessment of your case, then will work hard on your behalf to ensure your rights and your future are properly protected. Contact the knowledgeable Colorado Springs car accident lawyers at Sears & Associates, P.C. today.
Decide Whether to Accept a Settlement or File a Claim in Court
An attorney can give you advice on what full and fair compensation will look like in an accident like yours, but only you can decide whether or not to accept an insurance company’s offer.
If the offered amount does not come close to covering your medical expenses and other losses, you can file a claim in court. This process is complicated, but with the help of an experienced car accident attorney, you can get the compensation you deserve.
Car Accident Injuries
The Sears & Associates, P.C. attorneys understand that your car accident injuries could be severe. Many people suffer mild to moderate injuries following a car accident, including scrapes, cuts, bruises and broken bones. More serious injuries can include vision loss, limb amputation, permanent scarring or disfigurement, paralysis or traumatic brain injury. Those who attempt to handle a car accident claim on their own could end up with an insufficient settlement, and an unpaid mountain of medical bills.
Obviously, the opposing insurance company will do everything in their power to minimize a car accident payout. Insurance companies are, by and large, indifferent to the fact that a car accident with serious injury has changed a life—or lives—forever. Catastrophic injuries, which leave victims with permanent, life-altering injuries, deserve better than the system provides. A victim with catastrophic injuries could require constant supervision or assistance, undergoing a lifetime of surgeries, rehabilitation and accruing a never-ending stream of medical expenses.
Obviously, catastrophic injuries put extreme amounts of stress on the victim and the victim’s family. Time can be extremely limited for the victim of catastrophic injuries following a car crash. Evidence may be lost—or disappear—witnesses can relocate and memories simply become less clear. Our Sears & Associates, P.C. car accident attorneys have extensive experience in catastrophic accident recovery and will put that experience to work on behalf of every one of our clients. A carefully prepared case not only identifies the liable party, it clearly documents the impact the accident had on all aspects of a person’s life.
How can I prove the other driver was at fault?
In order to win your case, you will need to prove that the other driver’s negligence caused the accident. Common examples of negligent actions that contribute to accidents include:
- The other driver failed to yield when another driver had right-of-way
- The other driver ran a red light or was speeding
- The other driver operating a vehicle under the influence of drugs or alcohol or was texting
Even if you were partially to blame, you may still be able to recover partial compensation if you prove that the other driver’s actions contributed more to the accident than your own.
What Level of Compensation Can You Expect for Your Car Accident Injuries?
Having a highly skilled car accident attorney by your side can change the outcome of your accident as far as compensation for your injuries. The Sears & Associates, P.C. car accident attorneys will accurately calculate medical expenses, your lost wages and loss of future income, as well as any applicable pain and suffering on your behalf. While each accident is different, our attorneys fight hard for those who have suffering serious injuries due to the negligence of another driver. If a death occurred due to the car accident, we can help family members file a wrongful death claim on behalf of their loved one. Wrongful death damages can include economic, non-economic and, in some cases, punitive damages. When economic damages resulting from car accident injuries are warranted, one or more of the following could be awarded:
- Medical expenses may be your number one worry; expenses for hospital visits, emergency room care, surgery and follow-up visits can mount alarmingly following an injury. Prescription drugs are included in your medical expenses.
- Future medical expenses can include rehabilitation, subsequent surgical procedures, and ongoing doctor visits.
- Lost wages can seriously impact you and your family. If your injuries are severe enough to prevent you from returning to work for several weeks, then you are forced to try to live with no regular, monthly income.
- Loss of future wages can result if your injuries were so severe that you are permanently disabled and will never be able to return to your job or career. Our attorneys will work to show that your ability to earn a living has been forever compromised in order to secure fair compensation on your behalf.
- The cost of having your vehicle repaired plus car rental or taxi fees while your vehicle is being repaired.
Non-economic damages can be much more difficult to prove, and may include:
- Pain and suffering compensation may be awarded if the physical pain you suffered following your injuries is considered significant. The jury will consider your specific injury, the level of pain you are suffering, and how long that pain can be expected to last. Those who suffer a catastrophic injury may be subject to pain for a considerable length of time, or even a lifetime.
- Mental Anguish covers the emotional pain victims can suffer following a car accident with serious injury. Should you suffer fright, embarrassment, prolonged grief, chronic anxiety or nervousness, then you could be entitled to recover damages for mental anguish. As an example, a person who suffered permanent facial disfigurement from a car accident could reasonably be expected to suffer anxiety, nervousness and embarrassment, possibly for life, when going out in public.
- Loss of consortium can be included in the lawsuit on behalf of the uninjured spouse to secure compensation for loss of marital benefits such as affection, comfort, companionship and sexual relations.
- Inconvenience and loss of enjoyment of life can cover a wide variety of issues, including the fact that your car accident injuries could keep you from doing many of the things you previously enjoyed, or even taking care of your day-to-day tasks.
- Your attorney may pursue punitive damages if the actions of the negligent party were malicious or extremely egregious. Punitive damages are meant to punish the responsible party as well as to discourage such behavior in the future.
How Do Colorado Insurance Laws Apply to My Car Accident?
Car insurance (liability) is mandatory in the state of Colorado for all drivers, with auto insurance regulations being enforced by the Colorado Dept. of Regulatory Agencies. Liability insurance only covers the other car and driver in the event the car accident was your fault. Comprehensive and collision coverage, medical payment coverage, and uninsured/underinsured motorist coverage are all optional coverages in the state, and are certainly good to have. The one exception to the optional car insurance coverage is that comprehensive and collision insurance is required if your car is financed. Failure to have the minimum amount of liability insurance can result in 4 points on your driver’s license, a minimum of a $500 fine, required community service and a license suspension. Colorado was a “no-fault” state until 2003, changing to a tort system as a means of reducing insurance premiums and preventing abuse of car accident claims. Under tort system rules, fault must be established before an insurance company will pay a car accident insurance claim.
Uninsured/Underinsured Claims in Colorado
According to Insurance Business Magazine, the state of Colorado ranks 9th among the ten states with the highest rates of uninsured/underinsured drivers. In fact, nearly 17 percent of Colorado drivers do not have car insurance. This means that if one of these uninsured drivers crashes into you, causing injury and damage, there is no coverage available unless you carry uninsured/underinsured coverage on your auto insurance policy.
If you do not currently carry uninsured/underinsured coverage, our knowledgeable attorneys may be able to seek damages from the negligent party’s homeowner’s insurance, your own insurance, or even your health care insurance. It is important to remember that uninsured motorist compensation is far from automatic. Attempting to recover damages through uninsured motorist coverage can be complicated and definitely requires the help of a skilled Colorado Springs car accident attorney. We will do everything in our power to prevent insurance companies from attempting to limit your payout and will pursue a lawsuit against the insurance company when warranted.
How a Colorado Springs Car Accident Lawyer Can Change the Outcome of Your Car Accident
As the number of vehicles on America’s roadways continues to increase, more and more car accidents are going to happen. In areas that are particularly congested, the likelihood of being involved in an automobile accident increases exponentially. The attorneys at Sears & Associates, P.C. are well-known for helping people through difficult times in life—and a car accident with sustaining injuries certainly qualifies as one of those times.
Colorado car accident laws can often complicate your insurance claim. You could end up unable to recover damages for your pain and suffering after a severe injury. We understand the difficulties involved in dealing with insurance companies, and we’re here to help you make important decisions that could well affect the rest of your life. We know the moments after your car accident are filled with stress and anxiety; your injuries may be so severe that you are unable to return to work and make a living while the medical bills continue to pile up.
We bring a long history of success, on behalf of our clients, to the table. Our primary goal will always be to ensure the rights of our clients are fully protected after a car accident. Our clients rest easy, knowing they are well-represented, while allowing them the time they need to heal.
Contact the personal injury attorneys at Sears & Associates, P.C. today for a free consultation. We promise to do all we can to ease the burdens of your auto accident injury and help get your life back to normal: (719) 982-2523.
