If you ever end up being injured in a car crash in Montrose, or anywhere in Colorado, knowing your rights and legal responsibilities will come in handy. Colorado was a no-fault state before 2003, but things are different now. If you suffered losses or injuries in an auto accident, you could claim compensation from the at-fault driver. Generally, it all starts with a third-party insurance claim. If the offered settlement is too low or the insurance cover is unlikely to cover your damages, you can file a civil lawsuit against the driver at fault. For that, it is wise to consult a Montrose car crash lawyer. Below is an overview of Colorado laws applicable for auto accident cases.
Reviewing legal responsibilities of involved drivers
As a driver injured or involved in a car accident, you have certain rights and legal responsibilities. First things first, you must inform the local police about the crash. This is relevant for all accidents that result in property damage, injury, or death. If someone is injured, call 911 immediately and don’t leave the accident until a law enforcement officer arrives.
Deadline for filing car accident lawsuits
The statute of limitations in Colorado allows a deadline of three years for filing car accident lawsuits. If you don’t take action within that time, the court will refuse to listen to your case. If you lost a family member in the accident and want to pursue a wrongful death claim, you have two years to do so. Remember that the statute of limitations is only for civil lawsuits, not insurance claims. The clock starts running from the date of the crash (or death of a person), as applicable.
Reviewing comparative fault rule in Colorado
In Colorado, the modified comparative fault rule is used for auto accidents where more than two drivers are at fault. You can sue the other driver for their negligence, but only when you were less responsible than them. Also, your fault percentage will decide what you get from the settlement given to you. For instance, if you were at fault and were awarded $50,000 in a settlement, you can only get a fraction of that as the final amount, depending on fault percentage.
Dealing with the aftermath of a car crash can be hard. This is the precise reason why you need an attorney. Numerous personal injury law firms are located in Montrose and will be happy to offer a free initial consultation for your case.