How to Prove You Are Not At Fault in a Car Accident?Request Free Consultation
If you or somebody you care about has been involved in a vehicle accident caused by the careless or negligent actions of another driver in Colorado, you should be able to recover compensation for your losses. However, this is not always easy. In order to recover compensation in these situations, you need to show that the other driver was at fault. This often means that you have to prove that you were not the driver who caused the incident. Here, we want to discuss how you can prove that you were not at fault in a car accident in Colorado.
Proving Fault in Colorado
The procedures for proving fault in a car accident depend largely on where you live. Broadly, these state-specific legislations are classified as either “fault” or “no-fault” states.
In a no-fault state, an injured driver will turn to their own insurance company for compensation, regardless of who was at fault. Colorado is an “at-fault” state when it comes to car accidents, which means that the driver or entity who caused the accident is responsible for any resulting damages.
To prove that you are not at fault, you must demonstrate that the other driver’s negligence or actions led to the crash. It is essential to understand that even if you are partially at fault for the accident, you may still be eligible for compensation under Colorado’s modified comparative negligence law.
This law allows you to recover damages as long as your percentage of fault does not exceed that of the other responsible driver or parties involved in the accident. However, the amount of compensation you can recover will be reduced by the percentage you are found to be at fault. This further emphasizes the importance of working with an experienced car accident lawyer from Fuicelli & Lee, who can help you minimize your percentage of fault and maximize your compensation.
In some cases, an accident may be classified as a “no-doubt” accident, which means that the at-fault driver was clearly and undeniably responsible for the crash. These types of accidents often involve clear violations of traffic laws, such as in the case of a rear-end collision or left-turn accident.
However, even in a seemingly clear-cut car accident case, the insurance company may attempt to argue shared fault or minimize the extent of your damages. By working with a knowledgeable personal injury attorney from Fuicelli & Lee, you can be confident that your rights will be protected and that you will receive the compensation you deserve.
The Role of the Insurance Company
After a car accident, both your insurance company and the other driver’s insurer will be interested in determining fault and settling the claim. Keep in mind that insurance companies are businesses, and their primary goal is often to minimize payouts. To protect your rights and interests, we recommend that you speak with a car accident attorney who can reduce the stress and burden of dealing with insurance company negotiations. Meanwhile, you should take care not to reveal any information that could be potentially damaging to your car accident claim.
- The other driver’s insurance company may request a recorded statement from you. Consult your attorney before agreeing to provide a statement, as anything you say can be used to challenge your claim or reduce your compensation.
- Avoid providing too much information to your own insurance company, including speculation about how the accident happened or who may be at fault. Your attorney can advise you as to what information on your part may be necessary.
Our experienced legal team is well-versed in the intricacies of the state’s car accident laws and can expertly navigate the complexities of your case. Your attorney will assist you in filing your insurance claim, take over all communication and negotiation, handle any requests for information or documentation, as well as respond to any attempts to shift blame or minimize your claim. This professional representation allows you to focus on your recovery while your attorney handles the legal complexities.
Gathering Evidence Related to the Accident
Perhaps the best way to prove that you were not at fault for a vehicle accident in Colorado is to show that someone else was responsible for causing the crash. Regardless of whether you are trying to prove you did not cause a crash or that someone else did cause the incident, you are going to need evidence.
There are various types of evidence that can be gathered in the aftermath of a Colorado car crash that will be useful when working to determine liability. Some of this evidence can be gathered right after a collision occurs, while other evidence will be gathered in the days and weeks that follow the incident.
Immediately After the Car Accident
If it is safe to do so at the scene of a crash, those involved can gather some evidence right away. This can include:
- Using a smartphone or another type of camera to take photographs of vehicle damage, traffic and weather conditions, injuries, debris, skid marks, and more.
- The names and contact information of any eyewitnesses, including bystanders or drivers and passengers in other vehicles.
- The police report. Even though the report may not be available right away, it is crucial for the police to come to the scene to conduct a preliminary investigation.
Following the Car Accident
In the days and weeks that follow a vehicle accident in Colorado, there may be other types of evidence that can be gathered that will help prove you did not cause the crash and that another party did. This can include:
- Surveillance footage from cameras on nearby homes or businesses
- Dashcam footage from your vehicle or other vehicles
- Vehicle “black box” data
- Mobile device data
To determine fault in some cases, it may be necessary to work with experienced accident reconstruction experts to help prove you did not cause a crash. These individuals will be able to examine all of the evidence gathered at the accident scene, and they will conduct their own independent investigation into how it occurred. Accident reconstruction experts can help provide 3D renderings of what they believe happened and present this evidence to insurance carriers or personal injury juries.
Seek Medical Attention
Even if you feel fine immediately following an accident, it is essential to seek medical attention as soon as possible. Not only is seeking prompt medical care after an accident essential to your well-being, but it can also serve as valuable evidence of how the accident occurred and the severity of your losses.
Your auto accident attorney will ensure that all medical bills, records, and receipts are maintained and can be used to support your claim.
How to Prove Fault if Your Case Goes to Trial
In some cases, insurance companies may refuse to offer a fair settlement or dispute your claim altogether. If negotiations stall, your attorney will not hesitate to take your case to trial to fight for the compensation you deserve. At Fuicelli & Lee, our car accident lawyers have extensive trial experience and are committed to pursuing justice on behalf of accident victims. As such, we are prepared to represent you in a court of law and present your car accident case accurately to a judge and jury.
By entrusting your car accident lawsuit to a knowledgeable attorney from Fuicelli & Lee, you can be confident that your best interests will be represented throughout the negotiation process, and that your rights will be protected under Colorado law.
Working With a Colorado Car Accident Attorney
If you or somebody you care about has been involved in an accident caused by another driver in Colorado but is being blamed for the incident, you need to work with a skilled attorney as soon as possible. A Denver car accident lawyer can conduct a complete investigation into the incident in an effort to help ensure that you do not face unwarranted liability for the claim.
Even if you are partially to blame for the incident, you need to make sure that the other party does not put more blame on you than you actually deserve. An attorney will stand by your side throughout your entire case and help ensure that you recover the compensation that you are entitled to for your losses.