Car Accident Attorneys Serving Denver Metro and All of Colorado
Did you suffer serious injury in a car accident? Was the other driver at fault? A car accident lawyer at Burg Simpson can pursue the compensation you deserve.
Reasons to hire a car accident attorney at Burg Simpson include:
- Years of experience. Burg Simpson was founded in 1976. Our Denver office has over 35 attorneys, many of whom have decades of experience representing clients in car accidents and other personal injury matters.
- $2 billion+ in results. Attorneys at Burg Simpson have recovered more than $2 billion in verdicts and settlements on behalf of our clients. We are committed to obtaining the maximum compensation in each client’s case.
- Award-winning attorneys. Our lawyers have been recognized repeatedly by numerous legal organizations. These accolades affirm our dedication to quality legal service and adherence to the highest standards of ethics and professionalism.
In Colorado, you have a limited time to take legal action after a car accident. Talk to a Denver car accident lawyer at Burg Simpson today.
Call 303-792-5595 for a FREE case evaluation. Our car accident attorneys serve clients in Denver and throughout Colorado.
Do I Need a Car Accident Lawyer?
You might not need to hire an attorney if you sustain only minor injuries or the accident only resulted in property damage. However, if you are seriously injured or a loved one was killed in a car accident, you should speak to a lawyer as soon as possible.
Why Do I Need an Attorney After a Car Accident?
A car accident lawyer at Burg Simpson will investigate the crash immediately. This ensures that all evidence is collected promptly and the liable party or parties can be identified.
Our attorneys review all evidence thoroughly to establish how the accident happened and who is at fault. We also pore over your medical bills and medical records so we can understand the severity of your injuries. Expert witnesses can provide additional support for your claim.
Accounting for all of your losses after a car accident is essential for maximizing the value of your case. Burg Simpson evaluates all of the ways the accident has affected your life and seeks recovery of all economic and non-economic damages to which you are entitled.
Getting compensation after a car accident may involve going up against one or more insurance companies. When you hire an attorney, you can feel confident knowing that you will not make a mistake that could cost you money or lead to the denial of your claim.
Hiring a car accident lawyer is essential whether you are negotiating a settlement or filing a lawsuit. Attorneys at Burg Simpson are adept at settlement negotiations as well as trying cases in the courtroom.
What to Do After a Car Accident
There are a number of steps you need to take after a car accident to keep yourself safe and protect your legal rights. After an accident, you should:
- Check yourself and any passengers for injuries.
- If possible, move your vehicle out of the roadway.
- Dial 911 if you or anyone else is hurt.
- Have your injuries evaluated by paramedics on the scene. If you require emergency care, you should be taken to the hospital immediately.
- Exchange information with the other driver. Get the driver’s name, contact information, and insurance information, as well as the vehicle’s license plate number.
- Take photos at the scene. Photograph the vehicles involved, the roadway, weather and lighting conditions, any injuries you sustained, etc.
- Speak to any witnesses. Ask them what they saw and get their contact information.
- Provide a statement to the police. Answer the officer’s questions clearly and factually. If law enforcement doesn’t arrive, you will need to report the accident online.
- Seek medical attention. If you were not taken to the emergency room, you should see a doctor on your own as soon as possible.
- Contact a car accident lawyer.
In the aftermath of a car accident, it is important to keep any and all paperwork you receive (such as medical bills, letters from your insurance company, a copy of the police report, etc.). You also need to attend all scheduled appointments with doctors, physical therapists, and other medical professionals.
What Compensation Can I Recover After a Car Accident?
Burg Simpson takes a different approach to personal injury law. While many firms chase quick settlements, we put the full weight of our experience and resources behind cases where clients have suffered life-altering injuries and damages in motor vehicle accidents.
You may be entitled to compensation for the following losses in your car accident claim:
- Medical expenses
- Property damage
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Mental and emotional anguish
- Permanent disability
- Scarring and disfigurement
Compensation for non-economic losses (such as pain and suffering, emotional distress, etc.) is capped at $250,000 “unless the court finds justification by clear and convincing evidence” for the award to be increased (see Colorado Revised Statutes § 13-21-102.5). Even if the court makes an exception, non-economic damages in Colorado are capped at $500,000.
If you lost a loved one in a car accident, you and your family may be entitled to compensation for damages such as loss of your relative’s income, funeral expenses, medical bills, loss of support and services, and more. Burg Simpson can pursue a wrongful death claim on your behalf.
What If the Driver Is Uninsured?
The percentage of Colorado motorists driving without insurance is alarmingly high. According to the Rocky Mountain Insurance Information Association, approximately 16.3% of drivers in Colorado do not have car insurance (the national average of uninsured drivers, meanwhile, is 12.6%).
Car insurance is mandatory in Colorado. And yet, nearly one in six drivers do not have the necessary coverage.
If you are in an accident with an uninsured driver, you will not be able to make a claim against the driver’s insurance for payment of your losses. With this in mind, it is in your best interest to purchase uninsured/underinsured motorist coverage (UM/UIM).
UM/UIM coverage is classified as optional insurance in Colorado. However, given the high number of uninsured drivers in the state as well as the significant expenses you could be left paying if the at-fault driver doesn’t have insurance, it is very worthwhile to have this additional coverage.
Many of the states where UM/UIM insurance is mandatory require uninsured and underinsured motorist coverage equal to the state’s minimum liability insurance. In Colorado, this would be:
- $25,000 bodily injury coverage per person
- $50,000 bodily injury coverage per accident
- $15,000 property damage coverage per accident
Having adequate UM/UIM insurance protects you if you are in an accident with an uninsured driver. It can also help pay for your losses if the damages in your car accident claim exceed the other driver’s insurance coverage.
Types of Car Accident Claims We Handle
Our car accident lawyers have represented clients in cases involving many different types of collisions. Burg Simpson can help if you suffered injury in any of the following:
- Rear-end collisions
- T-bone accidents
- Sideswipe crashes
- Drunk driving accidents
- Head-on collisions
- Overturn and rollover accidents
- Collisions with commercial vehicles
- Uninsured motorist accidents
- Ride-share accidents
Multiple parties may be liable for car accidents. In collisions involving two vehicles, both drivers may be partly responsible. However, do not let the other driver or the insurance company tell you that you are at fault. Burg Simpson can investigate to determine who caused the accident and fight to hold the negligent party or parties accountable.
How Does Comparative Negligence Apply in Colorado?
The comparative negligence standard in Colorado allows claimants to recover compensation so long as their share of fault is less than that of the defendant. If you are less than 50% at fault for a car accident, you can still recover compensation for your injuries.
However, your recovery will be reduced by a percentage corresponding to your degree of fault for the accident. For example, if the other driver was 90% responsible for the accident, 10% of fault is attributed to you, and you are awarded $100,000, you would be entitled to no more than $90,000 in damages.
What Are the Most Common Car Accident Injuries?
The seriousness of the injuries in a car accident can vary significantly. Some accidents result in only minor injuries (or no injuries at all), while others can permanently change the course of the victim’s life.
At Burg Simpson, our car accident lawyers have handled claims involving a wide range of injuries. We can help if you or a member of your family suffered the following in a car accident:
- Traumatic brain injuries
- Injuries to the face and head
- Neck and back injuries
- Broken bones
- Soft tissue damage
- Spinal cord injuries
- Nerve damage
- Internal bleeding
- Damage to internal organs
- Loss of a limb
- Burn injuries
Whether your injuries are immediately obvious or you feel fine after the accident, it is important to see a doctor or go to the emergency room. Some auto injuries take days or even weeks to show symptoms, and it is important to get an accurate diagnosis before problems arise.
Getting treatment is also important for your car accident claim. Thorough medical documentation helps to establish the nature and severity of your injuries, which limits the insurance company’s ability to dispute liability or argue that your injuries are unrelated to the accident.
Common Causes of Car Accidents
Many different issues can lead to motor vehicle accidents. Proving that the accident was caused by the negligence of another driver is key for recovering compensation.
Some of the most common causes of car accidents in Denver include:
- Distracted driving
- Running stop signs and red lights
- Failure to yield at intersections, when changing lanes, and when merging into traffic
- Snow, ice, and other bad weather conditions
- Obstacles in the roadway
- Reckless and aggressive driving
- Alcohol and drug use
Motorists are typically at fault for auto accidents. However, it is important not to overlook other potential causes.
For example, you might have a viable product liability claim if one of the vehicles experienced an automotive defect that caused the crash. Similarly, government entities can be held liable if negligent roadway design or maintenance was a factor in the car accident.
How Long Do I Have to File a Car Accident Claim in Colorado?
Colorado law gives you a maximum of 3 years to make a personal injury claim after a car accident. This is longer than the time allotted for other personal injury actions, which is limited to 2 years.
Nevertheless, you should not wait to speak to a car accident attorney. Evidence needs to be gathered and legal proceedings need to be started promptly to ensure that you exercise your rights before the statute of limitations expires. What’s more, negotiating a car accident settlement takes time. You do not want prolonged settlement negotiations to leave you with no time to file a lawsuit.
At Burg Simpson, our car accident lawyers have an in-depth knowledge of the time limits imposed on auto accident claims. We file your claim promptly, handle negotiations with the insurance company so you can focus on recovery, and (if necessary) file a lawsuit and take your case to trial.
Colorado Car Accident Statistics
According to CDOT, Colorado had 2,800 fatal crashes and 3,030 fatalities in motor vehicle accidents from the years 2017 to 2021. More than 13,000 crashes resulted in serious injuries. In fact, 2021 saw the highest incidence of serious injury collisions within this 5-year period.
The City of Denver had more traffic accidents than any other community in Colorado. In 2021, CDOT recorded the following:
- 15,520 total crashes in Denver
- 67 total fatalities in Denver motor vehicle accidents
- 63 fatal crashes in Denver
- 501 serious injuries in Denver wrecks
- 425 Denver vehicle accidents resulting in serious injury
All told, crashes in Denver accounted for nearly 17% of all motor vehicle accidents in Colorado. Denver County also had the highest number of serious injury and fatal crashes in the state.
Is Colorado a No-Fault State?
No, Colorado is not a no-fault state. Colorado operates under an “at-fault” or “tort” system for auto insurance, meaning the person responsible for a car accident must bear financial responsibility for any resulting injuries or property damage incurred by others.
In no-fault states, regardless of who is at fault for the crash, each party involved must first rely on their own insurance to cover medical bills and lost wages. No-fault states include Utah, North Dakota, Massachusetts, and Florida.
What Is the Law on Car Accidents in Colorado?
In Colorado, comparative fault is a critical component of car accident law. Unlike general negligence laws, which are established through court precedents, comparative fault for car accidents is a statute created by the legislature (see Colorado Revised Statutes 13-21-111).
Under Colorado’s comparative fault car accident law, a victim can recover damages if they are found to be less than 50% responsible for the accident. In cases where the victim shares responsibility but is less than 50% at fault, they can collect a reduced portion of their damages. The amount of compensation is decreased by the percentage of fault assigned to the victim. The jury is responsible for determining whether comparative fault applies and the degree of fault the accident victim holds.
Additionally, Colorado law mandates that all car accidents resulting in personal injury, death, or property damage be reported to the police. This requirement applies to all drivers and cannot be waived, even in cases of minor injuries or property damage.
How Much Can Someone Sue for a Car Accident in Colorado?
The amount of compensation you receive after a car accident depends on several factors, including the severity of your injuries, the extent of your financial losses, and the strength of your legal claim. Since each case is unique, successful outcomes require a thorough investigation, meticulous preparation, and successful negotiations or litigation.
In Colorado, the typical car accident settlement is about 1.5 times your financial losses. The average settlement amount for car accident cases involving injuries in Colorado is approximately $15,400, while cases involving only property damage typically result in settlements of around $3,000. Although some car accident cases may result in multi-million dollar settlements, the majority of cases are resolved for less.
In Colorado, compensation for non-economic damages, including pain and suffering and emotional distress, is generally limited to $250,000, unless the court finds clear and compelling evidence to justify an increase. Even if the court allows an exception, non-economic damages are limited to a maximum of $500,000.
Do You Need a Police Report for an Accident in Colorado?
Under Colorado law, any car accident resulting in injury, death, or property damage must be reported to the police (see Colo. Rev. Stat. § 42-4-1606).
Beyond adhering to the law and obtaining an accurate and unbiased third-party documentation of the accident, a police report can serve as valuable evidence in a car accident case. It provides an objective account of the incident that may carry more weight in court than the personal recollections of the parties involved.
Should You Call the Police for a Fender Bender in Colorado?
You need to report car accidents that result in injury, death, or property damage. Even in “fender benders”, when the damage is minimal, you must still call the police for minor damage.
It’s also important to note that not all injuries, such as neck, spine, and brain injuries, are immediately apparent. It is possible that you or your passenger suffered injuries in a crash but don’t know it yet. Because of this, it is often a good idea to seek medical attention after a collision and obtain a police report to support your side of the story in the event of a future claim. A car accident lawyer at Burg Simpson can help you seek the full and fair compensation to which you may be entitled under Colorado law.
What Is Considered a Totaled Car in Colorado?
The terms “totaling” or “totaled” are often used informally to refer to vehicles that are not functioning or cannot be driven, but many drivers may not fully grasp their true meaning. To “total” a car means to declare it a total loss, which has implications for both you and your auto insurance provider. It’s worth noting that a car doesn’t necessarily have to be completely destroyed to be totaled; rather, it’s a matter of whether the cost of repairing the vehicle exceeds a certain threshold, which can vary from state to state. For instance, in Colorado, that threshold is 100%, meaning that insurers are legally required to declare a car a total loss if the cost of repairs would exceed the market value of the vehicle.
If you choose to declare your vehicle a total loss, or if the estimated repair costs surpass 100% of its current market value, your insurance provider will usually be obligated to compensate you for the vehicle’s present market value. For example, even if you initially spent $10,000 on the car, if it is now appraised at $8,000, you will receive the latter amount. This payment can be used to pay off the remaining balance of your car loan or as a down payment for a new vehicle. In the event that you are still making payments on the loan, your insurer will typically inform your lender and issue a reimbursement check that includes them, enabling you to easily settle the outstanding loan balance.
To ensure that you receive fair compensation for any physical, emotional, or financial harm you’ve incurred, including personal injuries and vehicle damage, it’s usually in your best interest to contact and experienced car accident attorney. A skilled lawyer can assist you in comprehending the entirety of your damages, communicate with insurance providers on your behalf to negotiate a settlement, and aid you in obtaining the compensation to which you are entitled.
What Is The Hit And Run Law In Colorado?
In Colorado, it is illegal to depart from the scene of a vehicle collision that resulted in bodily harm ( see Colo. Rev. Stat. § 42-4-1603). A hit and run that causes significant bodily harm is categorized as a class 4 felony, punishable by imprisonment for a period of 2 to 6 years and/or a fine ranging from $2,000 to $500,000.
Additionally, under CRS 42-4-1603, Colorado drivers are required to adhere to the following procedures in the event of an accident:
- If possible, provide reasonable assistance to the injured party, which may include transporting them to medical assistance or arranging for their transportation. Typically, this involves using a mobile phone to dial 911.
- Furnish the victim with their name, address, and vehicle registration number, but only if the victim is able to receive this information.
- Present their driver’s license to the injured party upon request.
- Submit an accident report (if no law enforcement officer is already present at the scene).
If you were the victim of a hit-and-run driver, you have rights. The experienced car accident attorneys at Burg Simpson can explain your legal options and help you pursue the compensation you deserve.
Contact a Denver Car Accident Lawyer Today
You should not face the consequences and costs of a car accident on your own. If the negligence of a driver and/or other party caused the crash, you have the right to pursue compensation for the injuries you have suffered and the losses you have incurred.
Burg Simpson has achieved a national reputation for providing high-quality legal counsel. We frequently obtain settlements and verdicts well in excess of our clients’ expectations. Our attorneys have recovered more than $2 billion in a wide range of claims.
At Burg Simpson Colorado, our main focus is personal injury law. We have the experience, knowledge, and resources to handle complex car accident claims involving serious injuries and wrongful death.
Call Burg Simpson at 303-792-5595 today for a FREE case evaluation. Our car accident lawyers serve clients in Denver and all of Colorado.