Car Accidents

PARENT RESPONSIBILITY FOR A TEEN DRIVER IN COLORADO

It’s every parent of a teen driver’s worst nightmare: that phone call, “Mom? Dad? I’ve just gotten into a car wreck!”

The fear and worry are immense, and there’s probably that thought at the back of your mind, “Am I going to get sued?” Parental responsibility for a teen minor driver (drivers under 18) is a complex legal matter. The aftermath of a car accident is full of worry and pain – definitely not something you and your family want to face alone.

An experienced Colorado car accident lawyer can help protect you and your teen from being unfairly blamed for the accident and fight for full and fair compensation for all your losses. Talk to the team at Earl & Earl, PLLC, today. We offer a free consultation, so call us now!

Colorado Teen Driving Laws

Colorado’s Graduated Drivers Licensing (GDL) Laws are intended to keep teen drivers safer on the roads. These laws include:

  • No passengers under 21 for the first 6 months of licensed driving unless there is a parent or licensed adult driver in the vehicle, too

  • Only one passenger under 21 for the following six months of licensed driving

  • No more than one passenger in the front passenger seat

  • Mandatory seat belt use

  • No use of a cell phone while driving

  • Curfew: no driving from midnight to 5 am for the first year of licensed driving

  • Zero tolerance for drinking or drug use and driving

Although the teen driver who violates these laws faces penalties for their own actions, and will be held accountable, if they violate driving laws and cause a wreck, the parents could also be held responsible for their child’s negligence.

Parental Responsibility for Teen Drivers in Colorado

Colorado is a “fault state” for liability in car accident claims, which means that the at-fault party is liable for the damages they cause the victim (referred to as the plaintiff in court proceedings). However, if the plaintiff is found to have contributed more than 50% of the fault to the crash, per Colorado comparative negligence statutes, then they cannot recover damages.

Parents of drivers under 18 are legally liable for damages their child causes, up to $3,500 per injured person. In the case of a car crash, the family’s auto insurance policy would cover damages if the teen driver were found liable for the wreck. However, the plaintiff may sue the parents separately for the crash, claiming they were vicariously liable.

Role of Parents in Driver Education

Parents are responsible for educating their teen drivers about Colorado traffic laws and safe driving practices. This includes ensuring the teen gets a form of classroom driving instruction before getting their learner’s permit. Once the teen has a driving permit, they must log at least 50 hours of supervised driving before being eligible to take the driver’s license exam.

The Colorado Department of Motor Vehicles oversees driver licensing in the state and lists the requirements for teen permits, teen licenses, and the GDL program. It also has resources available for parents and teens for driver education classes approved by the Colorado Department of Transportation.

Negligent Entrustment and Vicarious Liability in Colorado Teen Driving Accidents

Determining liability in a car crash when one driver is a minor is more complex than other car wreck injury claims. First, negligent entrustment may play a role in the case. Suppose a parent knows that their child has engaged in risky behavior behind the wheel in the past or has reason to believe that the child may drive recklessly yet still permits the child to drive. In that case, the parent is considered liable for harming their minor child causes.

Another Colorado law that pertains to teen driving lawsuits is the family car doctrine. This legal concept is based on the premise of vicarious liability. If a teen driver is driving for a “family purpose” (going to the grocery store, taking a younger sibling to school, etc.), then the parents of the teen driver are vicariously liable for damage the teen does if they get into a wreck while using the car for family purposes.

These two points of law can make a straightforward case much more complex. A skilled car accident lawyer from Earl & Earl, PLLC, can protect your rights and assert your claim against the other party.

How Can a Colorado Car Accident Lawyer Help After a Teen Driving Accident?

The legal aftermath of a teen driving accident centers around protecting the parents from being personally used by the other driver and proving that the teen didn’t cause the wreck and, therefore, has the right to demand compensation for damages caused by the other driver.

Your lawyer represents you in conversations with the other party and can help prevent your words (or your teen’s words) from being twisted into an admission of fault. If the other driver knows they caused the wreck, there’s a good chance they may intimidate your teen into admitting liability – or even misstate facts, hoping the insurance company will assume that the teen driver was reckless. Refer all communication to your attorney.

Your lawyer will investigate the incident, gathering evidence proving your teen wasn’t at fault, using expert accident reconstruction witnesses, witness testimony, and photo or video documentation of the wreck. They then build a case against the other driver, seeking to establish that they contributed at least 51% of the fault for the wreck.
Many car accident claims are settled out of court in negotiations between the two parties. A lawyer can represent you in these negotiations, demanding full and fair compensation for your losses.

Has Your Teen Been Involved in a Car Wreck?

Our Colorado car accident attorneys are ready to help guide you through the tricky business of legal claims after a teen driving accident in Colorado. We can protect your rights and gather evidence against the at-fault party to help pursue your claim for damages. We’re committed to getting full and fair compensation on behalf of our clients. Call us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

UNDERSTANDING THE LEGAL CONSEQUENCES OF TEXTING WHILE DRIVING IN COLORADO

Most of us understand that texting and driving isn’t a good idea. Your mind is thinking about what you’ve just read or what you want to reply while your hand is taken off the wheel to tap on your phone. But, many of us would also be lying if we claimed we never took “just a peek” at a social media notification or a quick scan of an urgent work email while behind the wheel. Unfortunately, texting and driving is the most common form of distracted driving, and distracted driving is one of the chief causes of traffic collisions.

Texting and driving can have serious legal consequences, especially if you hit someone while you’re mentally and physically distracted. If you’ve been struck by a distracted driver, you have several legal options, including pursuing a civil action against them to secure compensation for your losses, like a damaged vehicle and medical bills. We can explain your options in a free consultation, so call Earl & Earl, PLLC, today.

Texting While Driving Laws in Colorado

Colorado law makes it illegal for anyone under 18 to use a cell phone or other electronic device while driving, even in “hands-free” mode. Adults have restrictions on smartphones and similar electronic communication devices, too. Drivers over 18 may place voice calls on a wireless telephone while driving and may wear one headphone while doing so. However, all drivers in Colorado are prohibited from manual data entry on a wireless device, which includes:

  • Texting and sending emails

  • Programming a GPS

  • Queueing up a podcast or playlist

  • Engaging with an app on the phone

There are some exceptions to Colorado texting and driving, however. Any driver, no matter their age, is permitted to use a wireless device to make a phone call or send and receive text messages in an emergency or if they need to contact a public safety entity.

The Colorado Department of Transportation (DOT) notes that an emergency may be:

  • A situation in which someone is in fear for their life

  • A person has reason to believe a criminal act or violence may be perpetrated against themselves or someone else

  • Reporting a serious traffic accident, a fire, a medical emergency, or a serious road hazard

  • Reporting another driver behaving recklessly or in an otherwise unsafe manner

If a police officer cites you for using a phone while driving, you could face serious penalties, especially if your behavior caused harm to another person.

Legal Consequences of Texting While Driving

Colorado’s penalty for a minor’s first offense texting and driving charge, considered a Class A traffic infraction, is a fine of $50, with subsequent citations earning fines of $100 and more. Adults face a Class 2 Misdemeanor Traffic Offense, with a fine of $300 for the first offense. Both minors and adults will also get points on their licenses (minors receive one, adults four).

However, with multiple texting and driving citations, your license may be suspended. The consequences of texting and driving are much more serious than a fine if the driver causes a wreck and injures another person.

If texting and driving causes a driver to crash and hurt someone, then they may face criminal charges. Causing bodily injury or being the proximate cause of death of another person in a traffic collision is a Class 1 Misdemeanor in Colorado, with penalties of:

  • Up to one year in jail

  • $1000 fine

  • Four points on the driver’s license

That’s just the criminal penalties for causing a crash while texting and driving. Drivers who harm another because of their negligence, which is what texting and driving is considered to be, may also be liable for damages the other party suffers and face a civil action.

Civil Liability for Texting While Driving Accidents

Someone whose negligence causes harm to another may be liable for damages the victim suffers. Damages, when talking about civil actions, refers to the victim’s financial losses. This could include their medical bills, rearing or replacing the damaged vehicle, lost wages from work, and pain and suffering from their injuries.

If you cause an accident while texting and driving, the other party could file a lawsuit against you. If you were the person who a distracted driver hit, then you have the right to file a suit against them to recoup your economic and non-economic (pain and suffering, emotional trauma, diminished quality of life, etc.) losses.

However, there’s a lot of legal legwork between the initial crash and getting a settlement check. We would like to think that the at-fault driver’s insurance company would do the right thing and pay the full extent of your losses, but that doesn’t always happen. In fact, many insurers will seek any reason to deny or minimize a claim, especially a high-value one. An attorney can help you pursue the compensation you deserve.

The Importance of Legal Representation If You’ve Been Hit By a Distracted Driver

Although you don’t have to have a Colorado car accident lawyer to get a settlement from the at-fault driver, legal representation can have multiple benefits. First, an experienced car accident attorney can properly value your claim, including a fair amount for your pain and suffering and loss of quality of life.

Secondly, your attorney can handle all the legal paperwork associated with your claim. This includes sending a Demand Letter to the other party, filing the lawsuit for damages, and drafting all the necessary motions to move the case forward.

Your lawyer is your advocate. They can represent you in negotiations with the other party – and even communicate with them on your behalf. You can focus on healing and recovery and comfortably refer all conversations from the other driver and their lawyer to your own attorney.

Have You Been Harmed Because Someone Was Texting and Driving?

Whether you are a pedestrian, cyclist, or another driver, the chances of suffering serious injury and life-altering consequences after being hit by a distracted, texting driver are high. We represent victims like you, helping you demand full and fair compensation from the negligent driver. Call Earl & Earl, PLLC, today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO DO IF YOU’RE INJURED IN A HIT-AND-RUN ACCIDENT

Getting into a car crash is scary and painful. Seeing the other driver peeling away from the scene adds another layer of uncertainty and frustration to the incident. If you’ve been hurt in a hit-and-run accident, calling the police right away is your best bet.

What else can you do after a hit-and-run? As the victim, you may have more options than you think, especially if you hire an experienced Colorado hit-and-run accident lawyer, like the ones at Earl & Earl, PLLC. We’re a legal team of tenacious, determined litigators, and we can help victims of hit-and-run accidents – like you – pursue justice and compensatory damages from the at-fault driver. Call our offices today for a free case review to learn more.

Why Do Hit-and-Run Accidents Happen?

A hit-and-run accident refers to a traffic accident where one party flees the scene. Colorado lawrequires all motorists to stop if they get in a crash and remain at the scene until police dismiss them. The law also requires that any accident be reported immediately. You can report the accident online, at the Colorado DMV website, or your local police station.

Because the law requires immediate reporting of the accident, many people who don’t want to get involved with the police would rather flee the scene than stick around and answer awkward, possibly incriminating questions.

Some reasons someone may commit a hit-and-run include:

  • They don’t have insurance

  • They don’t have a driver’s license or are driving on a suspended license

  • They have a warrant out for their arrest

  • They didn’t realize they hit you

  • They don’t want to pay for damage they caused

There’s a pretty good chance a hit-and-run driver doesn’t have insurance, which can make collecting compensation for the damage they caused trickier.

Steps to Take After a Hit-and-Run Crash in Colorado

It’s always best to call for emergency assistance after a car wreck, even if you don’t feel badly hurt. Some car accident injuries may not show up right away or be masked by the adrenaline your body produces after the crash. You may not realize you have internal organ damage or a hairline fracture for a day or longer after the wreck. By the time the symptoms present, your health could be at risk.

When you call 911, you’ll get emergency medical responders trained to quickly assess hidden injuries. The medical report from EMS also directly ties your injuries to the crash, becoming a valuable piece of evidence in a car accident lawsuit.

Alerting the 911 dispatcher about the other driver leaving the scene may give the police a better chance of catching them, especially if you can describe the car or a partial plate.

While waiting for the police to arrive, you can start gathering evidence. Take photos of the damage to your car and any injury you suffered, if you can. Make notes of everything you remember about the vehicle that struck you and the events leading up to the crash. Note any witnesses and get their contact information. You may also ask witnesses to stay until police arrive, to give their statements.

Once your medical condition has stabilized, you can turn your attention to the legal issues a hit-and-run presents. You should report the accident to your insurance company, alerting them that it was a hit-and-run and that you contacted the police.

It’s also a good idea to get legal advice sooner rather than later. You may have problems with your insurance company and need advice to approve your claim. Or, if the police do locate the other driver, a lawyer can help you file a lawsuit to recover your losses.

The Role of Uninsured Motorist Coverage

Colorado does not require drivers to carry uninsured or underinsured motorist insurance (UM/UIM). Per Colorado law, this insurance can cover your bodily injury losses (medical bills, surgery, and rehabilitative therapy) if you’re hit by an uninsured driver or involved in a hit-and-run.

UM/UIM coverage does not always cover the damage to your vehicle, though. Getting a police report to detail the extent of the vehicle damage can come in handy if the other driver is apprehended. You may also talk to your insurance company about your options for covering damage to your vehicle. Each carrier differs in what it will and won’t cover, so your policy may have options for fixing or replacing your car.

How Can a Colorado Hit-and-Run Accident Lawyer Help Me?

Even if no defendant is readily available right after the hit-and-run accident, they could be caught later. A car accident lawyer can help you recover your losses after the accident. They can conduct an independent investigation into the crash, gathering evidence to help identify the other driver and prove that their negligence caused the crash.

Many car accident claims are settled out of court in negotiations between the two parties. However, these negotiations usually involve the at-fault driver’s insurance company. If the other driver left the accident scene because they didn’t have insurance, there’s a good chance they won’t be able to cover all your losses out-of-pocket. In these cases, your attorney may advise taking your case to court.

If your case goes to court, your lawyer advocates for your interests, presenting proof of the other driver’s negligence and their liability for your damages. A jury likely won’t look favorably on someone who flees the scene of a crash, making your claim look more substantial. If you win your case, but the defendant has no insurance, the court may find other ways to get you the money you’re owed, including garnishing the defendant’s paycheck.

Skilled Legal Advocacy After a Hit-and-Run

If you’ve been hurt in a hit-and-run car accident, you may be able to get compensation from the driver who left the scene, even if you didn’t get their name. Working with a skilled car accident attorney can improve your chances of a positive outcome after a crash. We know Colorado insurance law well and can help find a solution for your problems. Call Earl & Earl, PLLC, today for a free consultation after being hit by a hit-and-run driver.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT IS CONSIDERED A MAJOR INJURY IN A CAR ACCIDENT?

Suffering a major injury in a car crash could leave you permanently disabled, in chronic pain, or unable to care for yourself or your family – forever. Car accident claims when someone suffers a catastrophic injury are more complex than other types of accidents and may create more legal concerns than victims and their families think. An experienced, knowledgeable Colorado Springs car accident lawyer can help you pursue a claim for damages after a severe car accident injury.

We’re the law firm to call when the unthinkable happens. The car accident attorneys at Earl & Earl, PLLC, know that a major injury affects all areas of your life and relationships. We advocate for your interests and pursue justice on your behalf.

The Types of Major Injuries Car Accident Victims Suffer

In violent collisions, many car accident victims suffer multiple injuries. Healing and rehabilitation can be long and painful, with no guarantee of a full recovery. Even one of these major car accident injuries can leave you permanently disabled or in chronic pain.

HEAD AND BRAIN INJURIES

A concussion or a Traumatic Brain Injury (TBI) ranges from mild to severe. A mild concussion may heal with a few days of rest, but a moderate to severe TBI or concussion can leave the victim with permanent brain damage. They could lose cognitive abilities, undergo major personality shifts, or be unable to live independently.

SPINAL CORD INJURIES

Partial or total paralysis is common in high-impact car crashes. You may be unable to walk anymore, suffer muscle spasms, and have permanent nerve damage after a spinal cord injury. Herniated or slipped discs are also common major injuries. Each vertebra is separated by a cushioning disc. If that disc tears or ruptures, it places pressure on the spine, impacting your ability to walk or move and causing chronic pain.

ORTHOPEDIC INJURIES

A compound fracture, where the bone protrudes from the muscle and skin, requires surgery to fix. Severe breaks may leave the victim incapacitated for months, facing a long road to recovery. Your car accident settlement can cover the cost of a hospital stay, surgery, and physical or occupational therapy to rehabilitate your muscles once the break heals.

A dislocated joint, like your shoulder or hip, may also require surgery. Trauma-induced dislocations often tear the muscles, ligaments, and tendons; even after those heal, that joint may be more prone to dislocation.

INTERNAL ORGAN DAMAGE

Internal organ damage and internal bleeding are sometimes referred to as “hidden injuries” in a car crash because the symptoms don’t present immediately. An emergency medical exam can detect this serious, often fatal, damage.

If you experience abdominal swelling or discoloration within a few hours of the wreck, seek immediate medical attention. This is a symptom of internal organ damage or internal bleeding. Without prompt treatment, you may have permanent organ damage or turn septic.

SEVERE BURNS

Burns from a fire started when the vehicles collided or burns from touching hot metal carry an extremely high risk of infection. Second, third, and fourth degree burns permanently damage the dermis and could affect the muscle tissue beneath. As your burns heal, you may require a series of invasive, extremely painful skin grafts.

Victims of burn injuries run high risks of developing mental health problems, too. The permanent scarring and disfigurement from the burns can cause depression or anxiety. The trauma of getting burned may lead to the onset of PTSD. Healing from burns may require both mental and physical treatment and therapy.

Legal Implications of Major Injuries in Car Accidents

The value of your claim will rest primarily on the extent of your injuries, your recovery prognosis, and whether you’ll be able to work or live independently once you’ve reached your maximum medical improvement. Your attorney uses your medical records in multiple ways:

ESTABLISHING LIABILITY

The crux of a car accident claim is proving that one party was negligent, and their negligence caused the wreck and your injuries. Your lawyer builds a case against the at-fault party using things like their cellphone data, the vehicle’s Event Data Recorder, witness statements, and photos or videos of the crash scene.

You have the right to demand a settlement to cover your past, present, and future medical care. You may need extensive treatment to heal from your injuries or have complications that require more medical care. Some victims may need accommodations in a skilled nursing facility to heal and recover.

An expert medical witness may be needed to explain the extent of your injuries and your prognosis. Expert witnesses describe how the accident caused your injuries and interpret your physician’s findings to explain to a jury what kind of future medical and personal care, or rehabilitative therapy, you will need and estimate its cost.

Proving that the other driver was liable is critical to proving that they are responsible for compensating you for all losses you suffered from the crash.

Legal Recourse for Victims of Major Injuries

You have the right to file a personal injury lawsuit against the at-fault driver. Their insurance company may offer a pittance for a settlement – if it doesn’t deny the claim outright! An experienced car accident lawyer can help you get the compensation you need for all your expenses, avoiding placing a heavy financial burden on your family.

You may also need mental health treatment. The trauma of a violent crash can manifest itself in a number of ways, affecting your quality of life and relationships. Or, if you’re permanently disabled or disfigured, therapy could help you heal emotionally and move on from the traumatic event.

Have You Been Seriously Hurt in a Car Crash? Our Lawyers Want to Hear Your Story

The last thing you want to do as you’re in pain and recovering from a major jury in a car crash is worry about the legal process of getting compensation. The legal team at Earl & Earl, PLLC, can help you get the compensation you deserve, handling your car accident claim and negotiating with the other driver’s insurance company for full and fair compensation to cover your current and future medical care. Ready for help? Contact us online for a free consultation with a Colorado Springs car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

NAVIGATING RIDE SHARE ACCIDENTS: YOUR GUIDE TO UBER ACCIDENT CLAIMS AND LEGAL RIGHTS

Uber, Lyft, and other ridesharing transportation options have exploded in Colorado Springs in the last several years. Instead of the hassle of booking a taxi or adjusting your schedule around when the Mountain Metro Transit runs, you can call up a ride on demand with a couple of taps. But just as the number of rides in the city has grown, so also has the number of traffic accidents involving a rideshare driver.

Distracted driving causes an average of 43 accidents per day, according to the Colorado Department of Transportation. Lyft, Uber, and other rideshare drivers have more distractions than most, between checking their app for a fare, paying attention to GPS, or engaging with their passengers to get that 5-star rating. In a crash caused by the rideshare driver, there’s a good chance they weren’t paying proper attention to the road.

If you’ve been harmed in a collision involving a Lyft, Uber, or another rideshare vehicle, you have several legal options, whether you were a passenger in the rideshare or the other driver. We can help you explore them. Contact Earl & Earl, PLLC, today for a free consultation with an experienced Colorado Springs car accident lawyer.

Understanding Ride-Share Accidents

How do ridesharing accidents happen? If you thought an Uber or Lyft was a safer alternative to public transit or a taxi, think again. A rideshare driver can cause harm in any number of situations.

TYPES OF RIDE-SHARE ACCIDENTS

A ride-share accident could involve:

  • A collision between the rideshare vehicle and another car or truck

  • A pedestrian or cyclist struck by an inattentive rideshare driver

  • Passengers in a rideshare vehicle injured in a solo vehicle crash

Each of these victims has the same right to demand compensation from the rideshare driver and possibly Uber, Lyft, or another company the driver is contacted with.

Paying more attention to the Uber or Lyft app than the road isn’t the only reason a rideshare driver causes a crash, although it may be the most common way. Other ways accidents happen include:

  • Long hours in the car or driving fatigue

  • Inadequate driver training. Unlike taxi or limo drivers, rideshare drivers aren’t required to have a special class of license, certification, or professional training.

  • Maintenance issues with the rideshare vehicle

In some cases, the rideshare driver may have been drinking or under the influence of drugs when the accident occurred. These situations could involve criminal charges for the driver, as well as civil action taken by the victims harmed in the crash.

Determining Liability in Ride-Share Accidents

The crux of any rideshare accident injury claim is proving negligence on the part of the party who caused or contributed to the accident. Your lawyer sifts through the facts of the case and examines the evidence to determine who shares liability for the crash (and your injuries) and to what extent.

Uber and Lyft drivers in Colorado are considered contact workers with the rideshare company, not employees. Even though the rideshare driver may be an independent contractor, Uber or Lyft could still be held responsible for harm the driver causes while waiting for a fare or transporting one. If the driver is logged into the app, Uber and Lyft both extend insurance coverage for damages the driver causes.

Verifying the status of the driver when the wreck occurred will determine whether your Colorado Springs rideshare accident attorney names the rideshare company as a co-defendant in your claim. That status also determines which insurance policy covers damages the rideshare driver does: their own private policy, one offered through Uber or Lyft, or both.

Steps to Take After a Ride-Share Accident

Your safety comes first after a crash, so always call 911 for emergency assistance. Car accidents often cause “hidden injuries” that may not present symptoms right away. You could have a hairline fracture, internal organ damage, or soft tissue damage and not realize it until hours or a couple of days after the wreck. In addition, the evaluation from EMS directly ties your injuries to the crash – so the rideshare driver’s insurance company can’t argue that they were pre-existing conditions.

Once your medical condition is stable, you can turn your attention to legal matters:

  • Take photos or a video of the crash scene and your injuries if you can

  • Note any witnesses and get their contact information

  • Save all documents related to the wreck, including the Official Police Report and all your medical records

  • Report the accident to your own insurance company (not doing so could invalidate your policy)

  • Talk to an experienced Colorado rideshare accident lawyer

You aren’t under any obligation to give a statement to Uber, Lyft, the other driver’s insurance company, or any other party aside from the police officers at the scene and your own insurance company. In fact, you’re within your rights to refer all communication to your attorney. Our firm can handle conversations with the other party, protecting your interests and keeping them from twisting your words into an admission that you caused the wreck.

Legal Recourse for Ride-Share Accident Victims

Soon after the crash, there’s a good chance that the insurance company covering the rideshare driver will approach you with a fast settlement, especially if their client’s fault is clear-cut. You don’t have to take this offer, though, and you can be sure it’s a low-ball one. Insurance companies make money by not paying out large claims. Once you sign the settlement agreement, you can’t go back later and file a suit if it turns out the settlement doesn’t cover all your medical care or other losses.

You can talk to an attorney to properly value your case, ensuring it covers current and future medical care and any loss of earning potential due to your injuries. Your lawyer may negotiate a better settlement with the other party or decide to take your case to court in pursuit of your best interests.

Have You Been Hurt in a Colorado Ridesharing Accident? We Can Help!

Thinking about the next steps after being hurt in a collision with a rideshare driver can be stressful, especially when you’re trying to heal and recuperate. The Colorado Springs rideshare accident lawyers from Earl & Earl, PLLC, are here to help. We represent you in communication and negotiation with the rideshare company and its driver, fighting for your rightful compensation. Our mission is advocating for you – and you alone. Find out more in a free case review by filling out our online contact form.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

CAN I BE SUED IF SNOW FROM MY CAR HITS ANOTHER CAR IN COLORADO?

If you’ve done any winter driving in Colorado, chances are you’ve seen motorists zipping along with snow on their cars. But is it legal to drive with snow flying off your car? Could someone sue you for it? Here’s what you need to know from the car accident attorneys at Earl & Earl, PLLC.

Snow-Related Car Accidents in Colorado

Colorado has some of the harshest winter weather in the U.S., leading to icy and snow-packed roads — and car accidents. March is the snowiest month of the year in the Centennial State, which sees hundreds of inches of snow annually. This weather creates extreme winter driving conditions, even in the spring months when temperatures rise above freezing. Both residents and tourists are at risk of being involved in serious accidents with snow on the ground. In 2022, winter weather caused a 100-car crash in Denver during its first snowfall of the year. Highway closures are common as motorists contend with black ice, wintry mixes, and limited visibility during snowstorms.

What If Snow From My Car Hits Another Vehicle in Colorado?

You may wonder, “Is it legal to drive with snow on your car in Colorado?” You won’t face criminal charges if snow blows off your car and onto another vehicle, but you could be liable if fallen snow causes an accident that injures someone else. You should always clear as much snow off your car as possible before you drive as a matter of courtesy and safety.

Clear all snow from your headlights, brake lights, license plates, mirrors, and windows. But it’s most important to make sure your windshield is snow-free. If a Colorado police officer sees you driving with snow covering your windshield, you could get a $35 ticket for view obstruction. Don’t forget to clear your tailpipe. If you get stranded in a snowstorm, a blocked tailpipe can send carbon monoxide into the car’s cabin, poisoning you and your passengers.

Compensation After a Car Accident Caused by Snow

Motorists who fail to account for snowy conditions can be liable for any accidents they cause. If you suffered injuries in a car accident due to snow, you could recover compensation for:

  • Past, current, and future medical bills

  • Lost wages

  • Lost earning capacity

  • Pain and suffering

  • Repair or replacement costs for property damage

What Should I Do Immediately After a Snow-Related Car Accident?

The steps you take in the immediate aftermath of a snow-related automobile accident can significantly affect your right to recover money. You should:

  • Check yourself and others for injuries.

  • Call 911, so paramedics and police respond to the accident scene.

  • Move your vehicle to a safe place to avoid a secondary crash if possible.

  • Exchange information with the other driver(s) involved, including names, phone numbers, insurance details, and vehicle information.

  • Take photos of the accident scene, including vehicle damage, environmental conditions, and any visible injuries.

  • Talk to witnesses and get their contact details.

  • Check your insurance policy to learn the deadline for notifying them of the crash.

  • Talk to a Colorado car accident lawyer to discuss your legal rights to compensation.

Hurt in a Colorado Snow-Related Vehicle Accident? Our Colorado Car Accident Lawyers Can Help

If you get hurt in a snow-related car accident in Colorado, the knowledgeable injury lawyers at Earl & Earl, PLLC, can help you demand compensation from every responsible party. Contact us now for a free consultation with a Colorado car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO DO IF SOMEONE REFUSES TO SHARE INSURANCE INFORMATION AFTER AN ACCIDENT

After a traffic crash, all drivers should exchange auto insurance information. But what if the other driver refuses to provide insurance information to you? Keep reading for advice from the car accident lawyers Earl & Earl, PLLC, about what to do if you find yourself in this situation.

Is it Mandatory to Provide Insurance Information in an Accident?

Yes. Under Colorado law, failing to provide proof of insurance at the scene of an accident is a misdemeanor traffic offense punishable by up to one year in jail, $1,000 in fines, or both. A motorist in a Colorado crash must present law enforcement with proof of their insurance policy.

How to Handle an Accident Scene Where the Other Driver Is Being Uncooperative

If the other driver is combative when you ask for insurance information, remain calm and call the police. You should always call law enforcement after a crash, and it is especially important if another driver is uncooperative. Take pictures of the other driver’s license plate and note the vehicle’s make and model. You should also take photos of the accident scene and vehicle damage and get the contact information of eyewitnesses who saw the crash.

How to Track Down the Other Driver’s Insurance Information

Because drivers involved in car accidents cannot refuse to present proof of insurance to police, you will likely be able to get the other driver’s information from officers who respond to the scene. They can search an insurance database even if the other driver is not carrying proof of insurance in the car.

What Happens if the Other Driver is Uninsured or Underinsured?

The other driver may refuse to cooperate with you if they failed to purchase auto insurance or are worried their policy will not cover the cost of your injuries and other losses. However, you should have uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own insurance policy unless you opted out. If you have UM/UIM coverage, you can file a claim with your insurer to cover the costs of your medical bills and car repairs up to your policy limits. You could also be entitled to file a personal injury lawsuit against the at-fault driver to pursue compensation from them directly.

Reasons Why Drivers May Refuse to Provide Insurance Information

Some of the most common reasons drivers refuse to provide their insurance information after a car accident are:

  • They have no insurance.

  • They haven’t paid their premiums.

  • They don’t want their premiums to increase.

  • They have a criminal record.

  • They are driving with a suspended license.

  • They are driving a stolen vehicle.

  • The driver is impaired by drugs or alcohol.

Never start a debate with an uncooperative driver. Just be patient and wait for the police to help resolve the situation. Once you have the motorist’s insurance information, you can begin filing a personal injury claim if necessary.

Getting a Colorado Lawyer to Help You with Your Case

If you suffered an injury in a Colorado car crash, reach out to the skilled car accident attorneys at Earl & Earl, PLLC, today. Contact our office for a free case review.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

TOP FIVE DANGEROUS ROADS IN COLORADO SPRINGS, CO FOR CAR ACCIDENTS

Anyone who drives in Colorado Springs knows the roads can be dangerous. Fast-moving vehicles, unexpected weather, and road construction can create hazardous conditions that could easily lead to car accidents. And as the city grows, so does traffic. All of those factors could easily cause a severe injury crash.

So, where are Colorado Springs car accidents happening? Keep reading to learn where the city’s biggest trouble spots are located.

Most Dangerous Roads in Colorado Springs

According to the Colorado Springs Police Department, approximately 11,000 crashes occurred in the city in a single year alone. Many of those collisions led to hundreds of serious injuries and nearly 50 deaths.

Some of the most dangerous roads include:

  • North Academy Boulevard – North Academy Boulevard has some of the most dangerous intersections in the city, according to an article by The Gazette. These include the intersections at East Platte Avenue, Austin Bluffs Parkway, North Carefree Circle, and Dublin Boulevard.

  • South Academy BoulevardAccidents also frequently occur at intersections on South Academy Boulevard, Airport Road, and East Fountain Boulevard.

  • West Cimarron Street – West Cimmaron Street is an important access route for I-25. That means huge amounts of traffic and a significant number of motor vehicle collisions.

  • North Powers Boulevard – One of the worst intersections in Colorado Springs sits at North Powers Boulevard. Its intersection with Stetson Hills Boulevard saw, on average, a crash nearly every week of the year in 2020.

  • I-25 – It’s no surprise that I-25 consistently tops the list of dangerous roads in Colorado Springs. High traffic volume, high speeds, and multiple construction areas make I-25 and its intersections challenging for even experienced drivers.

Tips to Stay Safe on the Road in Colorado Springs

Driving in Colorado Springs can be difficult due to fast-changing weather and challenging traffic throughout the day. When you’re driving, keep these tips in mind to help keep yourself safe:

  • Watch your speed.

  • Don’t follow others too closely.

  • Be mindful of weather and visibility.

  • Always wear your seatbelt.

  • Follow all rules of the road.

  • Stay off your cell phone and other devices.

While these tips can help prevent crashes, even the most cautious driver can end up in a car accident in Colorado Springs through no fault of their own. If you were hurt in a crash, get the medical care you need immediately and contact a lawyer to learn your options for seeking compensation for your injuries.

Colorado Springs Car Accident Lawyers

If you’ve been injured in an accident in Colorado Springs, reach out to Earl & Earl, PLLC. Our skilled attorneys will work with you directly to answer your questions, explain your rights under Colorado law, and help you make the right decisions for your future.

Call or fill out our online contact form for a free consultation with an experienced car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

DO I HAVE TO FIX MY CAR WITH THE INSURANCE MONEY?

When you’re waiting for a payout from the insurance company to cover the costs of vehicle repairs after a car accident, you may understandably wonder if you must use that money to fix your car. After all, you may have more immediate financial needs after a crash than getting your car fixed. Shouldn’t you be able to use the money how you see fit?

Perhaps, but it’s not always that simple. Sometimes your insurance company may require you to spend the settlement money on getting your car repaired, or they may send the money to the repair shop directly.

The Colorado car accident lawyers at Earl & Earl, PLLC, have handled thousands of auto accident claims. We know how important your settlement money is to you. Let us help you understand the factors that dictate how you can use it. Keep reading, or call our office today for a free consultation for personalized advice.

Who Owns the Car?

If you’ve leased your vehicle or are still making loan payments on it, your insurance company will most likely pay the repair shop directly instead of cutting you a check. This is because you don’t technically own the vehicle and the insurance company wants to protect the lender’s interests. If this is the case for you, you won’t have the option to keep the check for yourself.

If you own your vehicle outright, it’s a different story. In this situation, your insurance company will likely write you the check. Under the terms of your insurance policy, you may still be obligated to spend the money on repairing your vehicle. But if your insurance policy does not specify that you have to spend the money you receive on repairs, you can spend the money as you see fit.

Is the Car a Total Loss?

If your car is deemed a total loss (sometimes referred to as a vehicle being “totaled”), the insurance company will not pay the repair shop because they’ve ruled that the cost of restoring your vehicle to working condition isn’t worth it. When this happens, the insurance company will send a check directly to you.

However, you will most likely not be able to keep your damaged vehicle and pocket the money. Most insurance policies require you to turn over your vehicle to them as a condition of receiving a payout for a total loss.

What Does the Fine Print of Your Insurance Policy Say?

Determining how you can use money from your car accident settlement in Colorado will be outlined in your insurance policy. If you have any questions about your policy, don’t hesitate to talk to an insurance representative or your car accident lawyer.

Contact a Colorado Car Accident Attorney Today?

Still have questions about how you can use your insurance proceeds after a car accident? Contact Earl & Earl, PLLC for a free initial consultation. We’re here to help.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

IS COLORADO A NO-FAULT AUTO INSURANCE STATE?

Every state has unique insurance laws that dictate how accident victims can claim compensation for their injuries and losses. Some states follow no-fault auto insurance systems, where injured individuals seek compensation from their own insurance companies before turning to the insurers of the at-fault driver.

But the majority of states follow at-fault systems, meaning people file claims for compensation directly with the insurance company of the responsible party and only turn to their own insurers as the last resort.

If you were involved in a car accident in Colorado, it’s essential to know how the state’s fault rules could affect your ability to recover money. Continue reading or contact the experienced car accident attorneys at Earl & Earl, PLLC for a free consultation.

No-Fault vs. At-Fault Systems

No-Fault Systems

In no-fault car accident states, drivers must go through their own auto insurance providers for compensation after a car accident. The theory behind a no-fault system is that the individual cost of insurance could be lower if everyone in the state is responsible for their accident-related expenses.

Drivers are entitled to no-fault benefits after a car accident regardless of who is liable. In most cases, drivers in no-fault states are only permitted to file lawsuits against other negligent drivers if they sustain a “serious injury.”

At-Fault Systems

When states have at-fault auto insurance systems, drivers primarily turn to the at-fault driver’s insurance provider to pursue compensation after a wreck. The rationale for at-fault systems is that negligent drivers should be held financially responsible for the damages they cause.

The majority of states in the U.S., including Colorado, use at-fault insurance systems. Drivers in at-fault states must demonstrate that another driver’s negligence contributed to the crash to recover compensation.

How to Determine Negligence

Because Colorado is an at-fault state, you must be able to prove that another driver was negligent to obtain compensation. Negligence occurs when someone’s reckless actions harm another. To establish another driver’s liability, you can present evidence such as:

  • Police accident reports, which often contain an officer’s assessment of fault

  • Photographs of the accident scene and visible damage or injuries

  • Video footage from traffic cameras, security cameras, and dash cams

  • Statements from other vehicle occupants and eyewitnesses

  • Cell phone and GPS records

Steps to Take After a Car Accident to Establish Fault

The actions you take in the hours, days, and weeks after a Colorado car accident can have a significant impact on your ability to recover compensation. Here are some tips to protect your rights and establish the fault of the other driver:

  • Seek prompt medical attention for your injuries. This gives you the best shot at a maximized recovery and establishes a link between the car accident and your injuries.

  • Contact a Colorado car accident lawyer. You will need to notify your insurance company of the crash according to the terms of your policy. An attorney can take this step for you and manage all future discussions with the insurance company so that you don’t say anything that accidentally jeopardizes your claim.

  • Keep track of your accident-related costs. Save your medical bills, repair invoices, records of lost wages, and other receipts for expenses stemming from the wreck. These records will help your car accident attorney place a full and fair value on your claim.

  • Follow your doctor’s treatment recommendations. Don’t skip appointments or refilling medications, as failure to comply with your physician’s orders can be used to minimize or deny you compensation.

Our Colorado Car Accident Lawyers Will Help You

Don’t wait to learn your legal rights and options after a Colorado car accident. Call or contact a lawyer at Earl & Earl, PLLC today for a free case review.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.