A car accident in Colorado can inflict serious injuries and result in expensive medical costs, lost wages, and pain and suffering for victims. Filing a car accident claim against the at-fault party can allow you to recover compensation for all of these losses and more so that you can move forward. However, you must support and prove your case with key types of evidence as the claimant.
Proof of Negligence or Fault
Colorado uses a tort-based or fault insurance law, which allows injured car accident victims to hold the driver or person who is at fault for the accident liable, or financially responsible, for related damage. Before a car insurance company will accept a third-party claim, however, the victim must prove fault.
Proving fault in a car accident case generally means establishing negligence, or the failure to act in a way that a reasonably prudent driver would have in similar circumstances. This requires evidence of four main elements:
- Duty of care: the driver owed the victim a responsibility to drive prudently, safely and in accordance with traffic laws.
- Breach of the duty of care: the driver fell short of the duty of care with a careless or reckless act, such as distracted or drunk driving.
- Causation: the driver’s breach of the duty of care was the proximate or actual cause of the car accident.
- Damages: the victim suffered compensable losses, or damages, as an outcome of the auto accident.
Evidence of negligence in a car accident case can be anything that demonstrates that the other driver violated a law or behaved carelessly and caused or contributed to the accident. While evidence varies, it can include a police accident report, eyewitness statements, photographs of the damage to both vehicles and crash reconstruction done by experts.
Proof of Injuries and Related Losses
Another important type of evidence to collect for a car accident claim is proof of your injuries and other losses you suffered in the crash. Visit a hospital as soon as possible after your car accident and explain to the doctor that you were in an automobile accident. If you are diagnosed with any injuries, obtain copies of your medical records. This may include x-rays, doctor’s notes, prescriptions and a treatment plan.
You should also start gathering evidence that proves your bills and losses. Keep all medical bills and travel receipts for doctor’s appointments. Contact your employer to obtain proof of wage documents, such as paystubs. Start writing an injury journal, where you describe how you are feeling day by day to help prove your pain and suffering.
How to Collect Evidence for Your Car Accident Claim
Always report a car accident to the police in Colorado, even if state law does not require you to do so. The police report can be an important piece of evidence that documents the positions of both vehicles, any driver citations for traffic violations and official photographs of the crash. Before you leave, take your own pictures and write down the names of eyewitnesses. Keep up with medical care and attend all follow-up appointments to correctly document your injuries.
Contact a car accident attorney in Fort Collins as soon as possible for assistance with the claims process. An attorney can conduct a thorough investigation to preserve and gather any available evidence for your case. To schedule a free consultation with an experienced car accident attorney in Colorado, contact Cannon Law.