Frequently Asked Questions:
| Q: What happens when I am at MMI? | read more...
| | Q: I’ve been injured at work, what now? | read more...
| | Q: What is MMI? | read more...
| | Q: Who is at Fault in a Car Accident? | read more...
| | Q: What happens after the doctors determines my impairment rating? | read more...
| | Q: How does the doctor determine the impairment rating? | read more...
| | Q: What if we decide that we disagree with the doctor on MMI or impairment? | read more...
| | Q: What if I can’t go back to work at all? | read more...
| | Q: At or near MMI, what comes next? | read more...
| | Q: How do i get medical treatment? | read more...
| | Q: What if I did not wear a seat belt? | read more...
| | Q: Can I make claims under my own auto insurance policy? | read more...
| | Q: Can insurance be mentioned in the trial of a personal injury case? | read more...
| | Q: Can evidence of who received the traffic ticket in a motor vehicle accident be introduced at trial? | read more...
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| Q: Who is at Fault in a Car Accident? |
| A: In most cases, a law enforcement officer will be dispatched to the scene of an accident to investigate and attempt to determine the person at fault. In many cases, the officer’s opinion of who was at fault will be accepted by the parties and the insurance companies. In many other cases however, the investigating police officer will be unable to reach a decision on fault or the officer’s decision will be questioned or even disregarded by one or more of the parties or insurance companies.
In Colorado, evidence of the particular traffic citation that anyone received in an auto accident is not admissible evidence at trial on the civil claim, although the investigating officer may still be allowed to express an opinion on who caused the accident.
The on-site investigation performed by the police officer, sheriff’s deputy or state trooper is not always exhaustive. It must be kept in mind that they have varying degrees of training and experience and their main job is to attempt to secure a criminal conviction of the person who they believe is primarily at fault. The more serious auto accidents receive more attention from law enforcement, but even in those cases there may be evidence that is not obtained or considered. If warranted, an outside accident reconstruction expert may be retained to provide a more thorough analysis and report.
Colorado has a comparative negligence law, which means that in a civil case a jury may be asked to consider whether more than one person was at fault for the accident. The injured person is not allowed to recover to the extent of their own fault or negligence. For example, if the injured person is found to be 10% at fault, then he or she will not recover 10% of his or her damages or losses. If the injured person is found 50% or more at fault, he or she recovers nothing. Insurance companies often assert that the injured person does bear some of the fault for an auto accident and so refuse to pay the victim to that extent. We often can develop evidence and argue effectively on your behalf should comparative negligence be asserted as a defense against you. |
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If you have suffered property damage or loss of income as a result of the recent oil spill in the Gulf of Mexico, you may be entitled to compensation.
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If you are reading this, and are a female in the workforce, chances are you have experienced first hand a wage disparity based on your gender. The wage gap persists in all levels of education and across all occupations.
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If you had a claim denied or your health coverage cancelled by Assurant Health, Time Insurance or Fortis, you may have a claim for money damages. For more information, go to http://fdazar.com/badfaith
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