3 Elements of a Colorado Car Accident Negligence Claim
Colorado accident attorney explores the concept of negligence in relation to a car accident
Our Denver car accident attorneys have extensive experience handling injury cases. It doesn’t matter if you have a minor scrape or a major collision, we are here for you.
Colorado car accident lawsuits, much like in the rest of the country, hinge upon proving fault or negligence. When a person behaves in a thoughtless or careless manner, they are said to be acting negligent towards others.
Proving negligence in a court of law is the basis Colorado car accident attorneys use to obtain compensation for damages to yourself and your property. If you’re bringing a lawsuit against another driver (the plaintiff), you will have to show how the person you’re suing (the defendant) was negligent.
When driving a motor vehicle, drivers must use care to avoid colliding with and injuring anyone else they come across on the road. Continue reading to learn more about the different elements of a negligence claim when it comes to car accidents.
3 elements of a negligence claim, or when another driver is responsible for compensation
Below are three elements of a negligence claim in Colorado. Car accidents occur much of the time because someone was negligent so let’s explore the elements of a negligence claim against someone else.
Defendant was not reasonably careful
Colorado is no exception to the rest of the country – drivers have a responsibility to be reasonably careful on the road when driving – known as the “duty of reasonable care.”
When determining if someone was not careful, their behavior is compared to how a reasonable person would have acted in a similar situation. Things like stopping at a red light, watching for people crossing the road and following another vehicle at a safe distance are some examples of a reasonable person’s conduct when driving.
If it is revealed that the defendant was not careful, they are considered to be negligent and liable for the damages to your person and property sustained in the car accident.
Plaintiff endured injury and monetary loss
Next, victims of car accidents in Colorado are entitled to compensation for their injuries, lost wages and property damage. Without any financial losses or injuries, there are no grounds for a claim.
As a plaintiff, you will need to produce evidence of your injuries and damage to your property resulting from the car accident. That’s why it is of utmost importance that you keep detailed records of your injuries, expenses, time away from work and property damage. (Read Help your Lawyer Help You to learn more about keeping proper records and helping your case move along more efficiently)
Damages and injuries were caused by a negligent defendant
In the end, you must show that damages to your vehicle and injuries to yourself and your passengers were caused by the negligent behavior of the person you are suing.
Let’s say you suffer a whiplash car accident after being rear-ended while coming out of Safeway one day.
You and your Colorado accident attorney will need to prove the other driver caused the car accident that led to your whiplash. If you suffered whiplash the prior day from something else, you will have a difficult time proving your injuries came from the other driver’s negligence.
These three things are what you and your Colorado accident attorney need to prove if you’re suing someone for damages from a car accident.
Read 3 Ways you can Prove Fault in a Car Accident to learn more about proving fault in a car accident.
Continue reading these related articles for more information…
- 5 Infractions That Can Reduce the Amount You’re Awarded in an Auto Accident Lawsuit
- Colorado Car Accident Cases and Statute of Limitations
- Send a Demand Letter before Filing a Colorado Personal Injury Lawsuit
- Types of Recoverable Damages in Your Personal Injury Lawsuit – Compensatory vs. Punitive
Talk with Us Today – a Free, No-Risk Consultation
Discuss the details of your claim with a Colorado auto accident attorney at Babcock Tucker today. No matter where you are in the state of Colorado, if your case falls within our practice area and we feel our representation can benefit you, an attorney will conduct an in-depth consultation at no charge. We are here to help you secure a successful outcome.
Disclaimer
While Babcock Tucker tirelessly works to obtain successful outcomes for its clients, prior positive outcomes are no guarantee of future success. Indicating prior positive results is in no way intended to guarantee future results.
