Traffic accidents are a prevalent issue in Aurora and other Colorado cities. One of the causes behind them is aggressive driving, which is when a driver’s actions disregard the safety and well-being of other road users. Though it is illegal in the state, many motorists still violate this law. Some aggressive driving behaviors include speeding, tailgating, and not yielding to pedestrians or other vehicles. They can all result in life-threatening injuries and significant vehicle damage.
In Aurora, you can seek compensation from an aggressive driver who harms you and causes your accident. An Aurora aggressive driving accident lawyer with Ben Crump, PLLC, can assist you with taking legal action against the liable parties. You could pursue them for medical treatments, lost wages, and trauma, among other damages. Call (800) 598-7557 for a free consultation.
Filing Insurance Claims
Colorado is a fault state, which means you can take action against the liable Aurora driver regardless of how costly or severe your injuries are. In most accidents, your first option would be to file a claim with their auto insurance provider. Injury and property damage liability insurance is mandatory for motorists in Colorado. It helps them pay for their victims’ injury and property damage-related expenses, such as hospitalizations and car repairs. If you carry the optional underinsured/uninsured insurance, this will help cover for you if the aggressive driver does not carry insurance or does not have enough coverage.
Other Available OptionsYou may also opt for filing an accident case if insurance claims will not work for you. It is typically more expensive than a claim due to the legal fees and legwork involved in forming one. Lawsuits can take more time to reach a verdict, though you may also have the advantage of having a more objective judge or jury examine your case.
Getting sued may also prompt the liable driver to propose settling matters privately to avoid paying greater damages than if the case is resolved in court. If you decide to enter a private settlement, make sure the proposed offer covers all your damages.
For a free legal consultation with a aggressive driving accidents lawyer serving Aurora, call 800-598-7557
Comparative Fault Rules Apply to Your Accident
Colorado uses a modified comparative negligence rule for auto accident cases, including yours. The rule is explained in Colorado Revised Statutes § 13-21-111. It means that your recoverable damages could be reduced if you share some of the blame in the crash.
The value increases based on the percentage of fault placed on you. Say you were 15% liable for not evading the aggressive driver. If your damages totaled $520,000, you would only receive 85 percent, which is $442,000. But if the insurer or court finds you more than 50 percent responsible, you cannot recover any amount.
If you have any questions regarding damages and other laws in your case, you can always give Ben Crump, PLLC, a call. Our Aurora aggressive driving accident lawyer and the rest of our legal team are here to help you anytime.
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How Accident Lawyers Can Assist You
The more evidence you have of the aggressive driver’s wrongdoing, the better you can refute the other side’s defense. The Aurora accident lawyer could assess your proof to see if you missed any, such as camera footage showing other angles from the crash or witness testimonies. They can speak on your behalf and guide you when dealing with the insurance company or presenting your case in court. With the help of a lawyer, you could avoid making critical mistakes when testifying, which could affect your compensation.
They Have the Legal Knowledge
An aggressive driving accident lawyer studies the statutes related to your case. They can check your filing requirements and search for other laws that could help your chances of winning. For example, if the other driver also violated state speed limits, the attorney could use this to prove their liability. If there are any rules that you have difficulty understanding, you can have the lawyer clarify them for you.
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File Your Case within the Deadline
One of your case’s filing requirements is the statute of limitations or submission deadlines. Colorado’s time limit for car accident cases is three years, according to Colorado Revised Statutes (CRS) §13-80-101, regardless of whether you were injured or only had your vehicle damaged. But if you are suing on behalf of a deceased loved one, you have to file the suit within two years, per Colorado Revised Statutes § 13-80-102. Failure to comply means the court will automatically dismiss the case.
Your case may have a tolling exception, which could move your deadline to another date. For instance, if the accident victim is still a minor, the statute of limitations would only start running on their 18th birthday. Another instance would be if the crash rendered you mentally incapable, such as if you had severe brain damage. In this case, the statute clock may pause until you are well again.
The lawyer can help go through these tolling exceptions to see if any apply to your situation so that you can determine when your exact deadline is. Their assistance in forming the case also helps ensure that you pass it on time.
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Call Ben Crump, PLLC, Today
Aggressive driving accidents can cause much physical, psychological, and financial suffering to victims. But you can still find justice for yourself or your loved ones here in Aurora. An Aurora aggressive driving accident lawyer with Ben Crump, PLLC, can offer the support you need as you seek financial recovery.
To get started, call (800) 598-7557 today to speak with someone on our legal team about your accident during a free consultation.
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