Denver Speeding Car Accident Attorneys
Were you the victim of a car accident caused by speeding? Did you sustain injuries as a result? If so, you could seek financial compensation from the careless driver. At The Bourassa Law Group, we understand the devastation a speeding driver causes. It’s reckless behavior that could lead to debilitating injury or death.
Driving at excessive speeds is one of the leading causes of car wrecks in the United States. In the state of Colorado, motor vehicle crashes are a leading cause of death. The alarming data sheds light on the importance of always obeying traffic laws.
Unfortunately, even if you take the necessary precautions, you could cross paths with someone driving well above the speed limit. Other factors paired with speeding, such as inclement weather or driving under the influence, increases the likelihood of an accident. Colliding with another vehicle that’s moving at a high rate of speed commonly causes severe injuries that require months of treatment.
The Bourassa Law Group understands the impact a speeding accident can have on your entire life. We’re here to make you whole again. Contact one of our Denver car accident attorneys at (303) 331-6186 for a free consultation.
What Should I Do If a Speeding Driver Injures Me?
In situations where minor only injuries occur, most victims will avoid calling the police or visiting the ER. For convenience, the drivers exchange insurance information and go about their day. That often ends up being a mistake since, many times, a seemingly insignificant injury develops into something more severe as time progresses.
A laceration could become infected without appropriate treatment. A puncture wound could indicate internal bleeding. Even a simple headache could be the symptom of a concussion. Even if your injury doesn’t seem like a big deal, it’s important that you undergo a medical evaluation after your accident.
Before leaving the crash site, you should follow these critical steps:
- Call the police to the scene so they can write a traffic crash report, then request a copy
- Write down the other driver’s name, contact information, and auto insurance information
- Speak to any witnesses and get their name and phone number
- Take photos of the scene, vehicle damage, and other evidence of an accident occurring (skid marks on the road, etc.)
Visit a hospital or an urgent care facility immediately. If you’re unable to drive yourself, get transported by an ambulance. Insurance adjusters always look for reasons not to approve a claim. If you don’t seek initial treatment, or wait days before doing so, it indicates to them that you don’t have an injury worth financial compensation.
Should I Hire a Lawyer?
Yes. You should. It’s possible to file an insurance claim on your own, but most people don’t understand their rights. If you’re unfamiliar with the insurance claim process, you might not know how to negotiate a fair settlement. You could get taken advantage of by the insurance adjuster and receive an offer much lower than you deserve.
When you hire The Bourassa Law Group, we’ll handle all the legal aspects of your case for you and ensure you receive the maximum compensation available. Our experience comes from years of representing victims of auto accidents. We understand Colorado laws and how to seek justice for our clients.
After you retain our services, we’ll begin by obtaining a copy of the other driver’s auto insurance policy. All drivers in the state of Colorado must carry liability insurance with a minimum bodily injury limit of $25,000. That limit pays for an injured individual’s expenses in the event of an accident.
When we determine the coverage available, we’ll file a claim with their insurance carrier to seek the maximum limit listed on the policy. We’ll also launch a thorough investigation to prove the other motorist’s speeding caused the crash. The evidence we’ll collect includes:
- Police reports
- Witness statements
- Video surveillance
- Car repair estimates and bills
- Your medical records and medical bills
Submitting sufficient evidence to the insurance adjuster helps to show the other driver caused the accident, and that your injuries directly resulted from it. If there’s no evidence available to present, your claim will probably get denied, and you’ll lose your chance to receive any compensation.
If the adjuster approves your claim and agrees that speeding caused the accident, we’ll negotiate a settlement. The settlement we typically ask for is up to the maximum bodily injury limit on the speeding driver’s insurance policy. If your total costs justify asking for that amount, we’ll aggressively fight to make sure that’s the award you receive.
In situations where we’re unable to negotiate a favorable settlement, or your claim gets unfairly denied, we’ll file a lawsuit. Speeding is considered erratic and unsafe behavior. It puts others at risk of physical harm and even death. Suing the driver is entirely appropriate in this type of scenario.
How Much Money Could I Receive from a Speeding Accident Case?
The amount of money you win in an insurance settlement or at a trial is dependent on multiple factors, including:
- Liability on the part of the other driver
- The severity of your injuries
- Duration of the necessary treatment to recover
- Presence of any disability or long-term effects caused by the accident
- Total costs incurred as a result of the injury
- Auto insurance coverage available
Colorado is a fault state. That means the person that causes a car accident holds financial responsibility for the injured party’s losses, as well as any resulting harm. When you file an insurance claim with the at-fault driver’s insurance carrier, you must prove fault exists.
Colorado also follows a comparative fault rule. If an investigation shows that you share some of the blame for the accident, that could negatively impact your final settlement. For example, if the other person was speeding, but you also ran a red light, you would share fault for the resulting crash.
An equation based on shared fault determines the financial compensation you could receive. Let’s say the speeding motorist is 80% to blame, and you’re 20% to blame. If the total bodily injury limit available is $10,000, your 20% of the fault will decrease the maximum amount you could receive to $8,000. Additionally, if the victim of a car accident is more than 50% responsible, they’re not allowed to seek any compensation.
Filing an insurance claim enables you to seek reimbursement for damages. Economic damages are actual expenses, such as medical bills, while non-economic damages are intangible losses, such as psychological pain.
The damages you could seek compensation for include the following:
- Medical expenses
- Lost wages
- Loss of future earning capability
- Vehicle repair or replacement
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Physical impairment or disfigurement
If you decide you want to file a lawsuit against the speeding driver, you would claim punitive damages. Unlike economic and non-economic damages, punitive damages don’t reimburse you for your monetary and emotional losses. It punishes the individual for their actions and aims to deter them from behaving the same way in the future.
It’s important to note the statute of limitations in Colorado. A statute of limitations is a deadline for when you’re allowed to bring legal action against another person or entity. The statute of limitations for an injury sustained in an auto accident is three years. That means you only have three years from the date of the car crash to sue the at-fault driver. If three years pass, you lose your right to seek a financial award from the other party for this particular event.
What if the Driver’s Coverage Isn’t Enough for My Expenses?
Since the minimum bodily injury limit is $25,000, your total costs may exceed the negligent motorist’s coverage. If that happens, you could also file a UM claim with your insurance carrier to supplement your remaining expenses. Colorado law doesn’t require UM coverage; however, insurers must offer it as an option. If you choose to add it to your policy, it usually has the same limits as your liability coverage, unless you elect something higher.
UM is also useful if the at-fault driver doesn’t carry insurance. Despite it being illegal, there are a lot of individuals who allow their insurance coverage to lapse or don’t purchase any at all. UM becomes beneficial to cover necessary treatment and loss of income if you discover there’s no liability insurance available.
Another optional coverage on your policy is called medical payments (medpay). Medpay also isn’t required by law, but is an option when signing up for auto insurance. It’s similar to health insurance in that it pays upfront for your treatment, so you don’t have out-of-pocket expenses.
Call The Bourassa Law Group to Speak with a Speeding Accident Lawyer
If you or a loved one was hurt in a crash caused by a driver who was speeding, turn to the Denver car accident lawyers at The Bourassa Law Group for help. We’ll be ready to help you get the full and fair compensation you’re owed after a crash caused by someone else’s negligence, so don’t hesitate to reach out to us right away to discuss your rights and legal options.
There is no fee to discuss your case with a knowledgeable car accident attorney on our team, and when you hire us, we’ll represent you on a contingency-fee-basis. This means that we’ll handle your case with no upfront costs to you, and we’ll only collect when we recover compensation. If we don’t win, you won’t owe us anything.
To schedule your free consultation with a Denver attorney, call us at (303) 331-6186 or fill out our contact form.
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.