It might be clear to both you and the other driver who was liable for a car accident. However, the responsible party may never admit fault, and they may even try to blame you. When this happens, your Colorado car accident case may go to court. Understanding what defenses the other party might use is vital to winning your case and financial compensation.
If you were in a car crash in Colorado, contact the Mintz Law Firm. Our Colorado car accident attorneys can review the possible defenses the responsible party might use to escape responsibility after an auto accident.
The Accident Was Partially Your Fault
Colorado follows modified comparative negligence, meaning that you can recover financial compensation from the other party in proportion to your percentage of fault. For example, a court may find you only 10% liable for the crash. In this case, you may recover up to 90% of your damages. However, a party cannot recover any compensation if a Colorado court finds them 50% or more responsible. You can be confident that the liable party can argue that you are at greater fault for the accident. If a judge or jury believes them, you might lose out on some or all compensation.
The Statute of Limitations Passed
You have three years from the motor vehicle accident date to file a personal injury claim in Colorado. If you attempt to file a lawsuit after the time limit, the liable party may file a motion to dismiss your case. That is why it is in your best interest to contact a Colorado injury attorney right away. Even if you believe you can handle the claim independently, it takes time to gather evidence, complete documentation, and file motions. Additionally, you should not have to put your recovery on hold while pursuing compensation. Do not risk your settlement; instead, contact a car accident attorney to aid you through the legal process.
The Accident Was Someone Else’s Fault
Blaming someone else for the accident is another way the responsible party may try to get out of being held liable for a car crash. Your attorney will have to conduct a thorough investigation into the accident’s cause to determine who is liable. One way you can help your attorney in their investigation is to collect evidence at the accident scene. Photographs of both vehicles can show it was their car involved in the accident. Calling the police may also be beneficial because of the police report, which will likely identify involved parties.
There Were No Injuries
It is essential to seek medical attention immediately after an accident so that your medical records reflect when you saw a doctor. Too many accident victims do not schedule an appointment if they feel fine or show no external injuries. Doing so can negatively impact your case. The other party will likely argue that your injuries resulted from a different event unrelated to the crash. Not only will seeing a doctor help your case, but it may save your life. Doctors will check for any internal injuries, such as internal bleeding or a traumatic brain injury, for which you may not be showing symptoms.
You Exaggerated Your Injuries
Similar to claiming there were no injuries, the responsible party may argue that you exaggerated the extent of your injuries. They may try to claim that you do not need physical therapy or that you could return to work. Ultimately, they are not medical professionals, and their opinion on your injuries and recovery should not be admissible in court. Regardless, a judge or jury will likely raise questions when they introduce this argument. In this case, be sure to provide your attorney with all necessary medical information and other supporting evidence that clearly shows the extent of your injuries. When all else fails, your attorney may have your doctor testify in court.
Experienced Car Accident Attorneys in Colorado Will Defend You
Negligent drivers will likely present strong defenses against your claim after a car accident, so you will need an experienced Denver car accident attorney to defend you. At the Mintz Law Firm, we have the knowledge and skill to protect you against these defenses. Additionally, we can gather evidence that clearly shows the other party is responsible for your damages.
With over 150 years of combined experience, the attorneys at the Mintz Law Firm know the ins and outs of personal injury law, and they will help you achieve a favorable outcome for your case. To schedule a free consultation, call (303) 462-2999 or complete our contact form.