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Recent Blog Posts
A Truck Hit Me While I Was Texting. Can I Still Claim Damages?
People who are involved in truck accidents often sustain severe injuries. When it comes to personal injury lawsuits, generally speaking, the more severe an injury, the more severe the damages. Victims usually try to claim compensation for those damages by hiring a Colorado truck accident attorney. The lawyer may bring a claim against the truck driver’s insurance company or the trucking company for damages like medical expenses and lost wages.
But what if you were texting at the time of the accident? Can you still claim compensation if you were partly at fault? To answer these questions, it is important to first understand Colorado’s modified comparative negligence law.
What Is Modified Comparative Negligence?
Some states have comparative negligence laws, which means that more than one person can be found negligent, or at fault, for an injury. This includes the victim. If a victim wants to claim compensation for damages, the insurance company or court may find that he or she also contributed to the injury, known as contributory fault. In that case, the amount of the victim’s compensation is reduced by the percentage of his or her fault.
How Do Pile-Up Crashes Happen and Who is Responsible for the Damage?
Multi-vehicle car crashes, or pile-ups, are car accidents that involve three or more vehicles. They are known to cause heavy injuries and fatalities. People who sustain injuries from a pile-up car accident sometimes want to seek compensation for damages caused by their injuries.
In order to receive compensation, however, you need to know who was at fault. This is more difficult to prove in a multi-vehicle crash, which involves several drivers. That is why one of the first things you should do if you are injured in a pile-up is contact a Colorado car accident attorney who can walk you through the next steps.
How Do Pile-Up Crashes Happen?
Pile-up car crashes often happen when a driver fails to see an upcoming obstacle or car in time. The driver crashes into the car ahead with enough velocity to cause a “chain reaction,” so that the second car is propelled into a third car. Alternatively, the first driver, after colliding with the car in front, could be hit from behind by a driver who failed to stop in time.
How Long Do I Have to File an Insurance Claim After a Car Crash?
There are certain scenarios in which a driver who has been in a car accident should file an insurance claim. For example:
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If there was damage to either vehicle
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If it is unclear which driver is at fault
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If one of the parties suffered injuries in the accident
If injuries were sustained in the crash, then you might want to take some time before filing a claim. Some injuries, like whiplash, are not immediately visible right after the crash. Other injuries might be visible but you may want to seek medical attention for them first so you know how much it will cost to get treatment. Whatever the circumstances of your car crash, it is best to first speak with your Colorado injury attorney before filing an insurance claim after an accident.
How Long Do I Have to File an Insurance Claim After a Car Crash?
Under Colorado law, a driver typically has up to three years from the date of the accident to file a lawsuit for damage to property or for personal injuries. If you are filing a claim against the responsible driver’s insurance company, or a lawsuit against the responsible driver, the three-year statute of limitations applies.
Do I Have to Talk to the Insurance Company After a Crash?
Every driver is legally required to have car insurance in Colorado. However, many drivers do not understand the insurance policies they buy. Even more drivers are not familiar with the clauses in the contracts they sign with the insurance companies. This article will discuss whether a driver has an obligation to talk to his or her insurance company after a car accident.
It is important to remember that while you have a contract with the insurance company and you pay them money, their goal is the opposite of yours: they want to pay you as little compensation as possible, while you want them to pay you as much compensation as possible. Therefore, it is always a good idea to involve a car accident attorney if you get into a collision, and certainly when you deal with insurance companies.
Can I Sue the City if a Pothole Caused My Motorcycle Accident?
Potholes cause serious damage to vehicles and their drivers. Driving over the wrong pothole at the wrong speed can blow out a tire and cause the driver to lose control of his or her vehicle. Many times, potholes are hard to spot until it is too late.
But who is to blame for potholes? Potholes are caused by a combination of weather and traffic, neither of which can be held responsible. Potholes can be fixed, but who should fix them? Who owns the road containing the pothole? And when is the road owner required to patch a pothole?
If you were injured in a motorcycle accident caused by a pothole, suing for damages is not a simple matter. The best course of action is to retain a Colorado personal injury attorney who can walk you through your options.
Who Owns the Road?
To claim damages, you first need to know who is responsible. This depends on the type of road:
Are Parents Liable If Their Teen Causes a Collision?
Teen drivers are at higher risk for crashes than any other age group. According to the Centers for Disease Control and Prevention (CDC), teens between the ages of 16 and 19 are three times more likely to get in a car crash than other drivers per mile driven. This is partly because over half of teenagers text while they drive, as well as other forms of distracted driving.
The question that arises when teens get into car accidents is: Who is liable for damages and injuries to the other party? The teen may have caused the collision but in many cases, the car belongs to the parents. Furthermore, if the teenager is solely responsible, that often means the injured party cannot be compensated for damages. Teenagers rarely have assets of their own.
If My Child Was Hit By a Car, Can I Sue the Driver?
If your child was hit by a car, there may have been catastrophic consequences. Injury to your child can follow her for the rest of her life, and it can be difficult to determine the long-lasting impact of your child’s injuries while she is still young.
When your child is hit by a car, she, as a minor, cannot pursue a lawsuit herself. However, you may be able to sue the driver responsible to pursue compensation on her behalf. An experienced Colorado child’s injury lawyer can help you navigate this process.
Pursuing a Claim on Behalf of Your Child
Your child cannot file a claim for her injuries in court, as she is not an adult. This means that you will need to pursue a claim on her behalf if you wish to recover compensation and hold the driver accountable. To pursue legal action in a case like this, a parent will be appointed as a legal representative.
Can a Lawyer Help Me if Workers’ Compensation Denies My Claim?
Facing a denial of your workers’ compensation claim can be a deeply frustrating experience. In Colorado, the workers’ compensation system is designed to provide financial support and medical benefits to employees who suffered injuries or became ill as a result of his or her job. However, when a claim is denied, it can leave people feeling lost and unsure of the proper next steps. This is where the guidance of a skilled lawyer can make a significant difference in your case and lower your stress levels related to your case.
At Hoggatt Law Office, P.C., our experienced legal staff has extensive experience assisting clients whose workers’ compensation claims were denied. Widely respected in Colorado, clients trust our firm to deliver results that support their best interests. If your workers’ compensation claim was denied, do not panic. Call us and learn more about how we can help.
Three Things to Know About Workers’ Comp and Oil Field Accidents
The oil fields of Colorado are bustling hubs of activity, where workers work among heavy machinery and hazardous conditions to extract the oil that helps fuel our world. In this high-risk environment, accidents can happen in the blink of an eye, leaving workers injured and in need of support. Understanding the complexities of workers’ compensation in the context of oil field accidents is crucial for oil field workers, especially if they suffer an injury on the job. If you are injured in an oil field and need legal help, experienced attorneys are ready to help.
At Hoggatt Law Office, P.C., our skilled legal team is ready to fight for your rights at every step of your workers’ compensation case. When injured oil workers hire our firm, they can feel confident knowing we will have their back from the beginning to the end of their case.
3 Reasons Uninsured/Underinsured Motorist Coverage is Important in Colorado
Driving on the scenic roads of Colorado can be a thrilling experience, but it is important to be prepared for the unexpected. Uninsured/underinsured motorist coverage is a crucial aspect of auto insurance that provides protection in case you are involved in an accident with a driver who lacks insurance or has insufficient coverage. And remember, if you are ever in a motor vehicle accident in Colorado, contacting an experienced attorney can ensure your rights and interests are protected, especially if you suffer injuries.
At Hoggatt Law Office, P.C., our robust experience handling all types of injury cases puts our firm in a unique position to provide comprehensive legal assistance to those who need it. Since Attorney Hoggatt is a proud member of the Colorado Trial Lawyers Association, clients can feel confident that he will aggressively defend their interests throughout every step of their case.