Category: Car Accidents

By Melanie Stuckey

How Insurance Companies Avoid Paying Denver Car Accident & Injury Victims

At Donaldson Law, LLC, our Denver car accident attorneys represent clients throughout Colorado who have suffered injuries because of another driver’s negligence.

We understand that initially, the injured vehicle occupants recognized scenarios where the other driver was clearly at fault for the crash. This may include the driver running a red light, operating their vehicle at an excessive speed, or getting arrested for being impaired after the collision.

This often leads to most injury victims expecting the at-fault driver’s insurer or their insurance provider to cover the costs of their overall damages. In turn, they may determine there is no need to get an attorney involved. The thinking is, based on the previous example, “Your policyholder disobeyed a clear traffic law, was speeding, or impaired, making them clearly at fault for the crash, which means their insurance provider is liable for the damages.”

We understand. This line of thinking makes complete sense.

The reality is that is not always the case, as insurance companies may employ several long-used tactics to pay you less or deny the claim entirely.

Insurance Companies Avoid Paying in Denver

Be Cautious of the Common Tactics Insurance Companies Use to Deny Colorado Car Crash Claims

Insurance companies often employ various tactics to deny or minimize car crash claims in Colorado. While not all insurance companies use these tactics, you must be aware of potential challenges you might face when filing a claim independently.

Here are some common tactics insurance companies may use to deny claims:

  • Disputing Liability

The insurer may attempt to shift the blame for the accident onto you, arguing that you were partially or entirely responsible for the crash.

  • Questioning Medical Treatment

Insurers may question the necessity and extent of your medical treatment, arguing that it was excessive or unrelated to the accident, or may say that your injuries were pre-existing and not caused by the accident.

Insurance companies might hire their medical experts to dispute the opinions of your treating physicians, attempting to minimize the severity of your injuries.

Insurers may request your medical records to search for evidence of prior injuries or conditions. Please do not give them access to your medical records without speaking with a skilled Denver personal injury attorney first, or you may inadvertently put your case at risk.

  • Surveillance

Some insurance companies hire investigators to conduct surveillance on claimants, looking for any activities that could be used to discredit or devalue their claims. Be cautious with your activity levels and what you post on social media. Pictures, videos, and even comments can be taken out of context and hurt your claim.

  • Using Recorded Statements

Be careful when giving recorded statements to insurance adjusters, as they may use your words against you to deny or devalue your claim. Ideally, you should never speak with the liable party’s insurance provider until you consult with a Denver personal injury attorney so you are aware of your legal rights and options, and that both are protected from the start of your claim.

  • Delaying Claims Processing

Insurance companies may deliberately prolong the claims process, hoping you will become frustrated or financially strained, ultimately accepting a lower settlement.

  • Lowballing Settlement Offers

Insurance adjusters may initially offer you a settlement far below your claim’s actual value, hoping you will accept it due to pressure or financial need.

Some insurers may pressure you to accept a quick settlement offer before fully understanding the extent of your injuries and future medical costs. This can harm your claim and ongoing financial stability, as once you accept a settlement, the claim is closed. Any future expenses — medical or otherwise — that were not considered must be paid out of your pocket.

Partner with Experienced Auto Accident Attorneys Who Will Protect Your Best Interests

Getting hurt in a Colorado vehicle collision is a confusing time for everyone involved. To gain clarity on the crash and who can be pursued for your damages, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case.

By Melanie Stuckey

What if I Was a Passenger Injured in a Colorado Vehicle Collision?

At Donaldson Law, LLC, our Denver auto accident attorneys know the physical, emotional, and financial challenges of being hurt in a Colorado traffic collision.

When you are injured as a passenger in someone else’s vehicle, you may have more questions than the drivers involved in the crash. Depending on the extent of your injuries, your medical expenses, lost wages, and recovery needs may be overwhelming. Since you were not the one who was liable for the collision, who is responsible for the damages you sustained?

We have answers.

Who Can Be Held Liable for Passenger Injuries in Colorado?

Vehicle Collision

Vehicle occupants are placed in a vulnerable position from entering a vehicle until they reach their destination. They are at the mercy of the driver they are riding with and those driving alongside them.

With no control over how their or other drivers operate their vehicles, getting hurt in a crash places passengers in a significantly challenging position when it comes time to pursue the liable party for their damages.

First, they must determine who was at fault for the crash.

That may include:

  • The driver of the vehicle they were riding in.  

When riding in a vehicle as a passenger, it is possible for the driver of the car you are in to be liable for the crash.

Speeding, impaired, and distracted drivers carry passengers, too. When they are not following the rules of the road or are negligently operating their vehicles, they can be held liable for their passengers’ injuries — or worse, fatalities.

When riding with a coworker, friend, or family member, this may be an uncomfortable conversation. Our Denver car accident and injury attorneys can help by pursuing the driver’s vehicle insurance coverage directly, removing you from the equation so that you can preserve your relationship.

  • The other driver or a negligent third party.  

If you were injured in a collision not caused by the driver of the vehicle you were in but by another driver or third party, we can pursue that driver — or a combination of other drivers who caused the crash — for your full financial recovery.

  • The injured passenger’s personal vehicle motorist coverage.

If the at-fault driver’s insurance coverage — either of the car, you were in or the vehicle liable for the crash — policy limit does not cover your complete damages, you may be eligible to pursue your personal insurance policy if you carry uninsured/underinsured motorist coverage.

Contact Our Experienced Auto Accident Attorneys in Denver, Colorado Today

If you have been injured in a vehicle collision in Colorado or tragically lost a loved one who was a passenger, you may be eligible to file a personal injury claim against the at-fault driver who caused the crash.

We can help you prove who was liable for the collision by investigating the overall injury circumstances that led you to our law office. Our Denver auto accident lawyers will help you understand your legal rights and options to pursue the best forms of insurance coverage to meet your injury needs.

Contact our skilled car accident lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case.

By admin

Knowing the Rules of the Road May Help Avoid an Accident in Colorado

At Donaldson Law, LLC, our car accident attorneys in Denver understand the challenges of overcoming injuries sustained in a traffic collision, and how difficult it can be to get your life back on track.

We also understand that it is impossible to plan around the behaviors of negligent drivers who share our roadways, but it is possible to be proactive while driving by following a few simple rules of the road that may help you avoid a crash.

Here are a few of the lesser-known rules to help you stay safe behind the wheel in Colorado.

Roundabout Etiquette

Colorado was an early adopter of roundabouts, placing our state well-ahead of the rest of the country in circular traffic control configurations that are now popular nearly everywhere.

Now commonplace, roundabouts still cause some confusion, especially for new drivers.

For roundabouts with multiple lanes, it is important to enter when the traffic is clear and maintain a position in the lane that fits your exit. For a quarter-turn, enter the roundabout from the right lane, stay in the lane, and exit accordingly. If your turn is half or three-quarters around, travel in the left lane until you reach your turn, then exit from the right lane.

Use your turn signals in the same way as any other intersection, so other drivers know when you are exiting the roundabout.

Yielding the Right of Way

Every driver, motorcyclist, bicyclist, and pedestrian must do everything possible to avoid a crash, which typically involves yielding the right of way to another person or motorist who is sharing the road.

When you yield the right of way to another vehicle, you are letting them go before you in the traffic situation, making it something you give, not take.

Common times motorists should yield the right of way include:

  • At a yield sign
  • To pedestrians in a crosswalk
  • When turning left
  • At ‘T’ intersections, as traffic continues on the through road
  • At uncontrolled intersections
  • When returning to the roadway after the car is parked

Yielding the right of way is often more than a courtesy, but a way to keep everyone safe on our roadways. Drivers should attempt to be both courteous and conscientious toward other drivers and avoid any aggressive maneuvers to force their way into traffic.

Avoiding Aggressive Drivers

If all drivers followed the rules of the road, there would be fewer accidents throughout the country. Unfortunately, distracted driving, speeding, and aggressive driving occur every day, on every roadway.

When faced with these dangerous and negligent aggressive drivers, you should:

  • Do not challenge that driver
  • Ignore rude gestures
  • Avoid eye contact
  • Attempt to get out of his/her way

If you have been injured in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation.

By admin

Speeding Remains a Factor in Nearly 25% of All Traffic Collisions in the U.S.

At Donaldson Law, LLC, our car accident attorneys in Denver know that the types of crashes that can occur on our Colorado roadways know no bounds when negligence is a factor.

Unfortunately, negligence can come in many forms, including two of the most frequent behaviors that cause tens of thousands of accidents, countless injuries, and over one-third of our country’s traffic collision fatalities throughout the country each year: Speeding and distracted driving.

Like most states, our Colorado Department of Transportation Safety Initiatives focuses on ways to eliminate distracted driving on our roadways. However, speeding is still the preeminent cause of over 27% of traffic fatalities, accounting for nearly 9,400 deaths last year throughout the country, according to the National Highway Traffic Safety Administration.

Distracted driving, while incredibly dangerous, was responsible for lesser than a third of the country’s speeding deaths, totaling 2,841 fatalities last year.

Our auto accident lawyers in Denver know that when traffic collisions occur at high rates of speed, the impact can be devastating.

The question is, how can we help drivers observe speeds that are safe for the conditions, like curved or icy roads, and in the areas in which they are traveling, including school zones and residential neighborhoods?

At Donaldson Law, LLC, our Denver personal injury attorneys have a few tips to help us all get to and from where we are going at safe speeds.

Obey Our Colorado Speed Limits

Speed limits change depending on where you are driving in Colorado and are higher on the interstate than they are inside the city, which is designed to keep drivers safe while traveling at a consistent speed.

The reason most people speed is not because they are responding to an emergency. It is simply because they are late, impatient, or both.

To avoid placing yourself and other drivers on our roadways in danger, consider the following tips that will allow you to obey the speed limit and arrive at your destination safely.

  • Leave for your destination with plenty of time to spare, so you are not rushing through traffic to make it to work, school, or an appointment on time.

When drivers are running behind, they are often preoccupied with the stress of being late. When that anxiety is combined with speeding, accidents can occur without notice.

  • Do not tailgate the driver in front of you to get them to speed up.

Slow down and proceed with the flow of traffic leaving plenty of room between you and the next vehicle to avoid tailgating, which can cause serious read-end accidents and injuries to both you,  the driver in front of you, and potentially a chain reaction of drivers in front and behind each of you.

  • Use cruise control to avoid speeding.

If you have trouble maintaining the proper speed limit, place your vehicle on cruise control to keep a safe driving pace until you reach your destination.

What Should I Do if the Drivers are Speeding Around Me?

It is impossible to control the actions of other drivers, and the more you try, the more frustrated you will become.

If other drivers are speeding, avoid the impulse to block their progress, and allow them to pass you safely.

What are the Financial Costs Associated with Speeding Accidents in the U.S.?

Speeding-related accidents cost the U.S. economy an estimated $40 billion each year.

Speeding-related traffic accident injuries can require extended medical care, longer recovery times, costly medical bills, ongoing lost wages, or the inability to return to work, and even temporary or permanent disabilities.

If you have been injured in a collision that was caused by a negligent, speeding, or distracted driver, contact our personal injury attorney Denver, Colorado at Donaldson Law, LLC by calling (303) 458-5000 or contact us online to schedule a free confidential consultation to learn how we can help you hold them accountable for their actions and obtain full and fair compensation for all of your damages.

By admin

Colorado Laws Against Distracted Driving

Every year, distracted driving claims thousands of lives in the United States. In fact, in Colorado alone, there are more than 40 accidents every day that is related to distracted driving. If you have been injured by a distracted driver in Colorado, you may be entitled to compensation.

What is Distracted Driving?

Distracted driving is a broad term that includes many different activities. Examples include:

  • Texting while driving
  • Eating and drinking
  • Talking to passengers
  • Changing radio stations
  • Any other similar activities that take a driver’s attention away from the road

There are three primary types of distractions that are dangerous for drivers.

Visual distractions are those that take the driver’s eyes off of the road. Looking at the scenery or trying to find a street sign are common examples. 

Manual distractions are those that require a driver to take his or her hands off of the wheel. Unwrapping a cheeseburger or trying to locate a toy a child has dropped are examples of dangerous manual distractions.

Cognitive distractions interfere with the driver’s ability to focus on driving. Thinking about a work or school assignment instead of paying attention to traffic signals is a common cognitive distraction.

Texting while driving is an especially dangerous activity because it involves all three types of distractions: the driver must look at the cell phone, must use his or her hands to send a message, and must think about composing or reading a message.

Colorado Laws on Distracted Driving

Colorado has laws that govern the use of cell phones while driving. For example, drivers may use their cell phones to make calls, but they are not allowed to text or browse the internet. 

However, drivers under 18 years of age are prohibited from using a cell phone at all.

In certain emergency situations, exceptions to these rules may be allowed.

Other types of distracted driving may not be expressly prohibited by Colorado law, but this does not mean that accident victims are without recourse.

Any time a driver is negligent and causes an accident, an accident victim may be able to file a claim to recover damages. All drivers have a duty to act reasonably under the circumstances, and this includes following traffic laws and paying attention to the road.

Breaches of the duty to act reasonably under the circumstances include engaging in behaviors that involve distracted driving. 

If an accident victim can show that a driver’s distracted driving was the direct cause of the damages he or she is seeking, it may be possible to file a personal injury claim.

If the accident victim prevails in the personal injury claim, several types of damages may be available, including:

  • Medical expenses, including the cost of future medical care
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Property damage
  • Rental car expenses
  • Loss of affection or companionship

Other types of damages may also be available. Your Colorado personal injury attorney will pursue all routes of recovery on your behalf to ensure you receive adequate compensation for your losses.

How Long Do I Have to File a Claim?

If you are pursuing a personal injury claim against a distracted driver, you have a limited amount of time to do so. All legal claims have a deadline called the statute of limitations. If a claim is filed after the statute of limitations expires, the claimant likely will not be entitled to any damages.

In an accident claim, this means that the victim is responsible for the damages he or she has suffered–even if the victim was not at fault for the accident. Depending on the nature of the accident, the victim could face hundreds of thousands of dollars in expenses due to the crash.

In Colorado, the statute of limitations for motor vehicle accident claims is three years. Generally, this statute of limitations begins on the date of the accident. 

Attorney Jennifer Donaldson Holds Distracted Drivers Accountable

Denver car accident attorney Jennifer Donaldson has three decades of experience in motor vehicle accident claims, including those that involve the negligence of distracted drivers. To schedule a time to speak with Donaldson Law, LLC  about your claim, contact us at 303-458-5000.