Skip Navigation 
If you were involved in an auto accident, you are probably wondering whether you can recover compensation. If you did not cause the accident, the at-fault driver likely owes you money for your injuries and losses. Even if you were partially at fault, you might still be eligible.
However, legally proving that you are entitled to compensation normally requires the attention of a skilled personal injury attorney. Further, an attorney can make sure that you are well-informed about your rights and are not taken advantage of by unscrupulous insurance adjusters looking to undervalue the severity of your injuries.
At the Wilhite Law Firm, we are proud to defend the rights of injury victims throughout Colorado. Our attorneys are ready to evaluate your accident, investigate the governing law, gather evidence for your case, and fight for your right to full and fair compensation. If you were injured in an auto accident, call us today for a free consultation. Read on to learn more about establishing fault in an auto accident.
What is the Law Governing Personal Injury Accidents in Colorado?
To understand the ways of showing that you are not liable for an auto accident requires some understanding of the underlying law. This section goes over three key legal doctrines used to evaluate fault in personal injury cases, including those involving auto accidents. Our attorneys are ready to answer any questions you may have.
What Is Negligence?
The cornerstone of most personal injury cases is a legal concept known as negligence, which simply refers to the idea that we all owe each other a duty to use reasonable care to avoid harming others through our actions. Failure to do so can leave at-fault parties liable for compensating injured victims.
Therefore, showing that you were not negligent is at the heart of proving that you were not legally at fault for a car accident. You can do so by disproving at least one of the four legal elements of negligence. The elements are as follows:
- Duty — You can prove that you were not negligent by showing that you did not owe a duty of care. As one Colorado court explained, “[n]o one factor is controlling, and the question of whether a duty should be imposed in a particular case is essentially one of fairness under contemporary standards — whether reasonable persons would recognize a duty and agree that it exists.”
- Breach – Even if you had a duty to use reasonable care, you could prove that you were not at fault by showing that you fully complied with your duty.
- Harm – Of course, if the other person was not harmed or did not suffer some other kind of loss, there is nothing to compensate. In this scenario, even if you violated the duty of care, you cannot be held liable for negligence.
- Causation – Finally, even if the other person was harmed, you will only be held liable if your breach of duty caused their injury or loss. If this cannot be shown, you cannot be held liable for negligence.
In a car accident case, each side will want to pin the blame on the other. Courts will weigh all sorts of evidence to decide who is really at fault. Sometimes the analysis is easy, and sometimes it is not. Regardless, your attorney will strive to show that the other side was at fault and not you. The Wilhite Law Firm is ready to fight on your behalf.
What Is Negligence Per Se?
Because of a concept known as negligence per se, courts can sometimes skip over the elements of ordinary negligence. Negligence per se occurs when someone violates a law specifically put in place to keep people safe from dangerous activities. If someone causes an injury by violating one of these laws, the violation can serve as automatic evidence of negligence.
Because there are numerous laws meant to keep everyone safe on the road, this concept can be extremely useful in a car accident case. For example, someone who causes an auto accident by driving drunk or running a red light will probably be found negligent per se.
What Is Comparative Fault?
In many cases, drivers involved in a crash may share fault for the accident. Historically, individuals who contributed even slightly to an accident could not recover any compensation for their injuries. Fortunately, Colorado has abandoned this harsh rule in favor of a more lenient one known as “comparative negligence.”
Under this rule, an injured party who contributed to the cause of the accident can still recover compensation, but it will be reduced proportionately to their degree of fault. However, if they contributed more than 50 percent, they recover nothing. Consider the following illustration:
- Illustration – Imagine that you suffer injuries valued at $1,000,000 in a rear-end auto accident. On the one hand, you contributed to the accident by driving too close behind the other driver. On the other hand, the other driver slammed on their breaks at a red light because they were distracted by their phone.
In this scenario, if a jury finds that you were only 20 percent at fault, your recovery will be reduced proportionately to $800,000. However, if it finds that you were more than 50 percent at fault, your recovery reduces to zero.
What Kind of Evidence Can Help Prove That I Was Not At Fault?
In many cases, fault in an auto accident is clear. In others, it requires a closer look at the available evidence. Important factors include the foreseeability of an accident if the drivers failed to take reasonable precautions, the relative burden of taking those precautions, and the severity of injuries that would likely result when those precautions are not taken.
Your attorney will gather available evidence and apply it to the governing law to show that you were not at fault. Common types of evidence that are used in car accident cases include:
- Police accident reports
- Photographs and videos from the accident scene
- Footage from traffic cameras, dashcams, and surveillance cameras
- Statements from eyewitnesses
- Expert reconstructions of the accident
- Medical treatment and billing records
What Should I Do If an Insurance Adjuster Calls after an Accident?
Soon after being involved in a car accident, chances are you will start receiving phone calls from insurers. Even if the insurance adjuster on the phone seems friendly, their real motive is to save their company money by finding as many reasons as possible to deny your insurance claim. Therefore, you should say as little as possible before obtaining legal representation.
When dealing with your own insurance company, you are likely required by your insurance policy to report the accident. Failure to do so before the deadline can eliminate your coverage. However, if you make your report before obtaining legal representation, keep it brief and let an attorney handle all other communication.
Further, keep in mind that you are not required by law to speak to the other party’s insurance company after an accident. If they call before you consult with a lawyer, be sure that you do not (1) admit fault, (2) provide a recorded statement, (3) authorize a medical record release, and (4) accept a settlement offer. Do not be tempted by an early settlement offer as they normally understate the true value of your case.
Speak to an Experienced Car Accident Lawyer Today
If you were injured in a car accident, you should not wait to have your case reviewed by an attorney. For over four decades, the Wilhite Law Firm has advocated for the rights of injury victims throughout Colorado. We are ready to do the same for you. Contact us for a free consultation with an experienced car accident lawyer today.
