Too many times our Car Accident Lawyers see an accident where the authorities were never called.
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 this type of situation, you could benefit from the assistance of a Denver based auto accident lawyer.
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 faults for an auto accident and so refuse to pay the victim to that extent.
An experienced Denver auto accident lawyer often can uncover evidence and argue effectively on your behalf should comparative negligence be asserted as a defense against you.