Denver Head-On Collision Car Accident Attorneys
People who get hurt in a head-on collision tend to suffer severe head injuries, as well as spinal injuries, internal injuries, and facial injuries. This type of accident is one of the most dangerous anyone could experience. If excessive speeds contribute to the crash, the risk of a fatality increases significantly. If you were the victim of a head-on collision in Denver, The Bourassa Law Group is ready to provide legal services that get you the compensation you deserve.
Head-on car accidents are typically the result of driver error or inattention. If someone is in a rush to get to work or distracted by their cell phone, they could drift across the center line and into oncoming traffic. The impact of a head-on crash is devastating for everyone involved. It leads to severe bodily harm as well as vehicle damage.
To discover how our Denver head-on collision lawyers can help you seek justice against the negligent driver and recover a fair settlement for your injuries, call our car accident lawyers today at (303) 331-6186.
Why Do Head-On Collisions Happen?
In most head-on car wrecks, the cause is reckless driving, which includes texting while driving, speeding, and other careless behavior. The most common causes of head-on collisions include the following:
- Driver impaired by drugs or alcohol
- Failure to yield the right of way
- Drowsy driving or falling asleep at the wheel
- Driving the wrong way on a one-way road
- Running a stop sign or red light
- Weaving in and out of traffic
The Best Way to Handle the Aftermath of a Head-On Accident
When you get hurt in a head-on car crash, you should take certain steps before leaving the scene. Collecting evidence and gathering information could help you prove that the other driver’s actions caused the accident. There are also crucial steps you should follow after leaving the crash site. Here are the most important steps to take following your accident:
- Report the accident to law enforcement. Wait for an officer to investigate the scene and write a traffic crash report. Request a copy of it from the police department when it’s available.
- Take pictures of the crash scene, such as damage to all cars involved, debris on the road, skid marks, and other photographic evidence, if possible.
- Talk to people who saw the accident happen and get their names and phone numbers. They can back up your version of events.
- Obtain the other motorist’s auto insurance, name, and contact information.
- Go to the doctor immediately after leaving the scene of the accident for treatment of your injuries. If the doctor refers you for imaging, surgery, or additional treatment, follow their instructions. Continue your treatment until your physicians release you from care or you recover completely.
- Keep records of everything related to the head-on collision and your injuries, such as medical records, lost wage reports, doctor notes, letters from the insurance company, etc.
- Speak to a Denver head-on collision lawyer from The Bourassa Law Group.
Colorado Car Accident Fault and Negligence Laws
If you get hurt in a head-on collision in Colorado, the state’s at-fault rules will protect you. Under the at-fault rule, victims of car wrecks can file an insurance claim with the at-fault driver’s liability carrier. There’s no waiting period or other stipulations to qualify for compensation. As long as you have the evidence to prove they caused the accident, you can pursue a settlement up to the maximum coverage available on their policy.
However, another rule could harm your chances of recovering the maximum settlement in a liability insurance claim. The modified comparative negligence rule only allows an injured party to seek compensation based on the percentage of blame they share for the crash. So, let’s say you incurred a total of $100,000 in damages, and the insurance adjuster finds the other motorist 90% at fault. If you share 10% fault for the crash, you’re only allowed a maximum of $90,000 in compensation instead of $100,000.
How to Prove Negligence in a Head-On Collision Lawsuit
Unlike rear-end crashes where there’s often clear liability on the part of the driver in the back, head-on collisions are a bit trickier. Either driver could be at fault for the accident, and proving negligence could be challenging.
Five basic elements of negligence must exist at the time of a head-on accident:
- The at-fault driver owed you a duty of reasonable care to prevent you from suffering harm;
- They breached their duty of care;
- Their actions were a direct cause of your injuries;
- If it wasn’t for their actions (or inaction), you wouldn’t have sustained an injury; and
- You incurred damages from the accident.
To move forward with a lawsuit against the negligent driver, you must follow the state’s statute of limitations. A statute of limitations is the deadline the victim of an accident must follow to pursue legal action against another party. If you want to win a financial award, you have to file suit within three years from the head-on collision date. If three years pass and you haven’t filed anything, you will lose your right to do so in the future.
The Compensation You Win Should Cover Your Damages
Put simply; damages are losses an injured person suffers after an accident. They fall under two main categories: economic and non-economic damages.
This type of damage is intangible and difficult to prove because they don’t come with receipts or invoices as medical treatment does. They include things like:
- Disfigurement: A scar, deformity, or disfigurement that’s visible and noticeable.
- Pain and suffering: Physical pain resulting from the injury.
- Emotional distress: Emotional or psychological trauma experienced after the accident, such as PTSD.
- Permanent disability: A permanent physical or mental impairment that prohibits functionality at work or during daily activities.
This type of damage includes the monetary losses related to an accident and resulting injury. These expenses often have physical documentation showing the cost, such as a billing statement. Economic damages include the following:
- Lost wages: Wages the victim is unable to earn because the injury prevents them from working.
- Future lost earning capacity: Income the injured party won’t be able to receive because their injury resulted in a disability.
- Medical costs: Bills from the medically necessary treatment of the injury, including hospital stays, ER visits, surgery, physical therapy, EMS services, and home health care.
- Car repairs: Reimbursement of expenses for repairing vehicle damage.
- Property damage: Cost of replacing or fixing personal belongings damaged in the head-on collision.
When an insurance adjuster reviews all the evidence in your claim, they will consider your damages and other factors to determine if you deserve the maximum coverage available or a smaller settlement.
Factors contributing to a high settlement:
- Severe injuries, such as broken bones or head trauma
- Extended periods away from work
- Medical treatment lasting multiple months or years
- Large coverage amount on the liability auto insurance policy
- Disability or physical impairment resulting from the injury
- Diminished quality of life
- Future medical treatment necessary to manage pain or symptoms
- Sufficient medical evidence proving the head-on collision caused the injury
Factors contributing to a low settlement:
- Minor injuries, such as a flesh wound or sprained ankle
- Little to no time missed from work
- Short duration of medical treatment
- Small amount of liability auto insurance coverage
- Lack of physical impairment or disability after the accident
- Minimal effect on the quality of life
- Future medical care isn’t necessary
You Can File a UM or PIP Claim Too
If the at-fault driver doesn’t hold liability insurance, there are three options for pursuing financial compensation after a head-on collision.
- UM insurance claim: Uninsured/underinsured motorist coverage is available on your insurance policy and provides compensation for victims of accidents when the negligent party doesn’t hold insurance or their coverage isn’t high enough. UM will compensate you for your medical expenses, lost wages, and pain and suffering.
- PIP insurance claim: Personal injury protection is an optional coverage on your insurance policy. If you chose to add it to your plan, you could use it to pay upfront for your medical care, so you don’t have to wait for reimbursement when the claim gets resolved. It works like health insurance in that the medical provider will send your bill directly to the auto insurance company for payment.
- Lawsuit: You can sue the responsible driver if they don’t carry auto insurance.
Let Us Help You With Your Head-On Collision Case
At The Bourassa Law Group, our Denver head-on collision lawyers understand the trauma that follows a car accident. The experience is overwhelming and can upend anyone’s life. You’re in physical pain and trying to recover from your injuries. The last thing you want to worry about is handling an insurance claim. When you hire us, we’ll take care of all the details of your case so you can focus on getting better.
We have experience helping injured individuals like you recover the money owed to them for their suffering. You deserve to seek justice against the person who caused your head-on crash. They should be held responsible for their careless actions and provide the compensation you need to cover your damages.
We offer a free initial consultation and take cases on contingency. There are no upfront costs to seek legal representation from The Bourassa Law Group. We care about our clients and will create an individualized plan that meets your specific needs. You can depend on us to make you a priority throughout your entire case.
To find out how our Denver car accident lawyers can assist you or a loved one after sustaining an injury in a car accident, call The Bourassa Law Group today at (303) 331-6186.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.