Common Causes of Car Accidents
Even though every car accident is different, a few main causes account for most accidents. In some cases, one or more factors combine to cause a car accident. This can make litigation and settlement difficult if both drivers were at fault.
If you anticipate litigating or negotiating a settlement under Colorado law, the assistance of a skilled Denver car accident attorney can help you get the compensation you deserve. An auto accident lawyer can investigate the crash scene, preserve evidence, determine who is at fault. negotiate with insurance companies, and handle all the other complex legal aspects of your claim.
Causes of Car Accidents
Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI)
DUI is one of the main causes of car accidents nationwide. The legal limit for a DUI in Colorado is 0.08 percent blood alcohol content (BAC). Under Colorado law, there is an additional charge of driving while ability impaired, which applies when a driver has a BAC of more than .05, but less than .08. Although intoxication will factor into a personal injury case, the driver does not have to be legally intoxicated to be liable for the accident. If intoxication causes him to run a red light, for example, or swerve into you, he can be held just as liable as if he had performed the act while sober.
The cell phone is perhaps an even greater cause of Colorado car accidents than alcohol. Drivers can become distracted by a cell phone for many reasons, including by making a telephone call or by texting while at the wheel. Distracted driving is not always caused by the use of a cell phone, however – imprudent acts such as eating while driving or attending to personal hygiene in the rear view mirror can also support liability for a car accident.
Bad weather is a common cause of car accidents in Colorado as well as throughout the United States. Although inclement weather is nobody’s fault, a driver might become liable in an accident for failing to take necessary safety precautions in response to changing weather conditions. An example of this type of liability is following a car too closely in the rain, leading to a rear-end collision when the driver cannot stop in time due to a wet or icy surface.
An automobile malfunction can support a claim of liability against the manufacturer or seller of the car or defective part under Colorado’s strict liability law relating to product liability. If you were injured in a two-car accident caused by the malfunction of the other driver’s car, you might be also be able to sue the other driver’s manufacturer or seller. If the accident occurred because the driver failed to properly maintain his car, however, you might have to settle for suing the other driver in a negligence lawsuit. Following are a few of many possible examples of types of automobile malfunctions that cause car accidents or lead to more serious injuries following a car accident:
- Defective seat belts;
- Defective tires;
- Defective windshield wipers;
- Defective air bags;
- Defective child seats;
- Defective glass; and
- Defective gas tanks (causing an explosion, for example).
What Damages Cover in Colorado
Under Colorado state law, personal injury damages can cover medical expenses, lost work time, physical pain, mental anguish, physical impairment, and other tangible and intangible losses. Punitive damages are not readily available under Colorado law.
Contact Experienced Denver Car Accident Attorneys for Help
If you have been hurt in a car accident in Denver, or if the potential defendant is located in Denver, retaining a skilled Colorado car injury attorney before you file a lawsuit or enter into settlement negotiations is not a luxury – it is a necessity.
Zinda Law Group is a prominent Denver car accident law firm that has won approval from its clients for its dedicated legal services. Our Denver personal injury attorneys possess rich experience in every aspect of car accident cases, and we will work tirelessly to ensure that you obtain a just result. Call us today at 800-863-5312 for your free consultation so that we can discuss your case.