Colorado is a fault state when it comes to accident legislation and settling damages. Most states are fault states but there are also no fault states and comparative fault states. A fault state is where the person determined to be at fault is liable for compensating the other party or parties involved in the accident for injury/s and also property damage.
No Time for Guessing Games
In no fault states it does not matter who was at fault for causing the accident. All parties affected by the crash and looking to be compensated must turn to their own auto insurers to receive damage compensation. On the other hand in comparative fault states, the law dictates that all parties involved in an accident are responsible for it, and are liable to pay up for the damages. Any questions about this? Contact the Mintz law firm at http://4injury.net/. Some of the best Colorado accident lawyers work for that law firm and even lead it.
The extent to which they are liable is directly proportional to the extent to which they were at fault for the accident. For instance, if party A and party B were involved in an accident and it was determined that party A was at fault by 75% and party B was at fault by 25%, party A will accordingly have to pay for 75% of the total damages and party B will have to pay for 25% of it.
However, Colorado is a fault state, and therefore it is very important for anyone affected by an accident to seek the professional guidance of an experienced Colorado accident attorney who can help prove negligence of the other party and assist you in receiving compensation for injury and property damage.
To be able to successfully sue negligent persons, Colorado state law requires that the plaintiff or the complainant prove the negligence of the defendant. To be able to do this, the plaintiff will have to present and prove a few factors, these are:
- Defendant did not exercise reasonable care
Colorado state law clearly states that anyone operating a motor vehicle will need to do so with reasonable care, this law is known as the “duty of reasonable care”. Factors like not keeping a lookout or driving recklessly qualify as not meeting the duty of reasonable care.
- Complainant has sustained compensable damages
The next thing that needs to be established is that the plaintiff suffered from damages which may be personal injury or property damage. It must be proved that these damages are of a compensable nature and an estimate as to what it costs needs to be detailed.
- The damages were a direct result of the defendants negligence
After establishing that the defendant did not exercise reasonable care and that the plaintiff suffered compensable damages, the plaintiff and his or her legal counsel then needs to establish a direct connection (cause and effect) proving that the negligence of the defendant is what resulted in the damages sustained by the plaintiff.
To learn more about accident claims and your rights do get in touch with an acute and hardworking Colorado accident lawyer. Press right here to make this need become a reality. Your lawyer will be in the best position to evaluate your case and apply the right codes in accident law so that you receive that compensation that you deserve and not what the other side believes you should get.