Car accidents leave some people with debilitating injuries that change their quality of life forever. These injuries could include back and spinal damage, disfigurement, and post-traumatic stress disorder (PTSD), among others. Aside from the physical and emotional toll of these injuries, they often come with steep financial costs that could be hard to recover from. The law provides legal options to help you cover the cost of treatment and rehabilitation, property damage, and a decrease in income after being injured in an accident.
If you were injured in a car accident because of an aggressive driver’s negligence, you might be entitled to compensation for your losses. At Ben Crump Law, PLLC, our Denver aggressive driving accident lawyer can help you seek the compensation you deserve for the physical, emotional, and financial damage caused by the car accident. Call us at (800) 598-7557 to get the proper advice about your rights.
How to Know if You Have a Valid Case Against an Aggressive Driver
According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving means that a person commits a combination of moving traffic offenses that harm other persons or property. Aggressive driving may include the following actions:
- Changing lanes frequently and erratically
- Running red lights
- Failing to obey traffic signals
- Ignoring signals from other drivers
- Passing in prohibited zones
- Not signaling when making turns and changing lanes
- Not yielding the right of way when required by law
- Driving in an erratic and negligent way
Keep in mind that an aggressive driver’s actions may not always merit a personal injury claim. A Denver aggressive driving accident lawyer can help determine whether you have a valid case and guide you on the next steps.
For a free legal consultation with a aggressive driving lawyer serving Denver, call (800) 598-7557
What You Need to Prove When Filing a Personal Injury Case
The success of your personal injury claim will rest on how effectively you can prove the elements of negligence. As the plaintiff, the burden of proof is on you. You have to prove that you are a victim of negligence to recover compensation. Here is what you will need to prove:
Duty of Care
You have to establish that the defendant owed a duty to you. The duty of a driver arises as soon as they enter the roads or other public areas. The driver must adhere to a standard of care that does not harm other road users and their property.
Breach of Duty
It is not enough for the plaintiff to prove that the aggressive driver has a duty. The plaintiff must also prove that the aggressive driver breached their duty to the other person.
Breach of duty occurs when a driver fails to exercise reasonable care, similar to the care other drivers would afford others. The jury or judge will decide whether a defendant breached a duty of care when driving.
Cause in Fact
Under the legal duty in negligence cases, you have to prove that the defendant’s actions were the actual cause of your injury. It is often referred to as causation. In other words, if it were not for the aggressive driver’s actions, your injury would not have occurred.
The injuries you suffered must only occur because of the actions an aggressive driver took. Otherwise, there is no proximate causation. Losses from the injury may include economic losses, like medical bills, and noneconomic losses, like pain and suffering.
Denver Aggressive Driving Lawyer Near Me (800) 598-7557
State Laws That Could Impact Your Case
If circumstances of your case merit a lawsuit, it is crucial to know the factors that could affect its outcome. While some cases settle without a trial, if negotiations with an insurer do not lead to a fair settlement, pursuing legal action provides an alternative for seeking fair compensation.
Statute of Limitations
Under Colorado law, you have up to two years to file a lawsuit against a negligent driver for personal injury. However, you only start to count the time after you first discover your injury. If you were still a minor when the accident occurred, the clock does not start ticking until you turn 18.
If you have already passed the statute of limitations for your claim, the aggressive driver responsible for your injury might be able to use this a defense against liability. Nonetheless, there could be other legal avenues for receiving compensation. You can consult a Denver aggressive driving accident lawyer to determine how much time you have left.
We Are Here to Represent You
If you or a loved one is a victim of a car accident caused by an aggressive driver’s negligence, we are here to help you. We are here to help you determine whether you have a potential claim and explain your rights as an injured victim. At Ben Crump Law, PLLC, you can connect with a Denver aggressive driving accident lawyer who can get to the heart of the matter and help you recover proper compensation.
Give us a call at (800) 598-7557 for your free consultation and determine if you have a valid claim. We want to advocate for victims of aggressive driving, and we do not shy away from tough cases. Determine your legal rights and take action before the statute of limitations runs out on your potential suit.