Are Accidents a Frequent Occurrence on I-25 in Colorado?

I-25 travels across Colorado and connects several cities, including Denver and Colorado Springs. It’s heavily traveled and frequently has sections under construction and repair. Consequently, it’s common to see vehicle accidents, including multi-vehicle accidents.

Sometimes, there are accidents where the primary cause is clear, such as a driver losing control of their vehicle and crashing into another, starting the pileup behind them. Unfortunately, there are also many accidents where multiple drivers may be at fault. Determining who has how much responsibility for the accident is vital to being able to file claims for damages when injuries have occurred. That’s why working with an experienced multi-vehicle accident personal injury attorney is crucial.

What Legal Action Should I Take if I Was Injured in a Multi-Vehicle Accident on I-25?

Once the accident happens, you should stay in place until the police arrive to file a report or until emergency medical services arrive to help the injured. This isn’t just common sense; it’s also Colorado state law. If you can, while you wait for law enforcement and emergency services, take photos or videos of the accident site. These may become necessary evidence later.

The next step is to see a doctor as soon as possible, even if you think you’re not injured or the injuries are minor. Several severe injuries don’t present symptoms right away, and they can worsen if not diagnosed and treated immediately. What’s more, when someone delays seeking medical help and then tries to file for damages later, the liable party may try to claim that the victim was injured in some other way after the accident.

If you have been injured or your vehicle was damaged, contact an experienced multi-vehicle accident attorney. Filing claims in these cases is rarely straightforward. The sooner the attorney can begin, the better. Prepare for your first meeting with your attorney by collecting copies of medical records, vehicle repair records and estimates, and the relevant police records.

Before insurance claims can be filed and processed, it’s necessary to determine which driver(s) is liable for the accident. This settles the issue of whose insurance company will be used for filing claims.

Is Colorado a No-Fault Auto Insurance State?

In a no-fault auto insurance state, injured parties in a vehicle accident file damages with their own insurance company regardless of who’s deemed at fault. If the damages exceed the no-fault insurance limits, they might then proceed to file damages and claims against the liable driver.

Colorado is not a no-fault state. That means that victims injured in a multi-vehicle accident must determine who was responsible for the accident to file claims to assist with their medical and vehicle repair expenses.

What Is Colorado’s Comparative Negligence Law, and How Does It Affect Multi-Vehicle Accidents?

People frequently assume that one driver causes a vehicle accident. However, that’s often not the case, even in accidents involving only two vehicles. For example, a speeding car may hit another car running a red light. Both drivers have some responsibility.

In a multi-vehicle accident, multiple drivers may share some of the fault. One driver may have been speeding or driving under the influence (DUI), while another driver was changing lanes without signaling, while another driver was texting on their cell phone and distracted. This could lead to a perfect storm of vehicles piling up. It may also be argued that cars further back in the pileup followed the vehicle in front of them too closely.

Because it’s common, each state in the U.S. has laws that address what’s known as comparative negligence. There are three types:

• Contributory negligence. This law states that if the injured party is even 1% at fault for the accident, they can’t file for damages.
• Pure comparative negligence. This law states that even if the injured party is 99% at fault for the accident, they can still file for 1% of the damages.
• Modified comparative negligence. This law states that if the victim is roughly half at fault for the accident, they can’t file for damages. The states with this law use a threshold of either 50% or 51% as the line that can’t be crossed.

Colorado follows the modified rule with the 50% threshold. That means the injured party must not be found 50% or greater at fault for the accident. If found 49% or less liable, they can file for damages, but the percentage of fault reduces the amount they receive. For example, if someone is found 30% at fault for an accident and is awarded $20,000 in damages, they’d receive $14,000 instead–$20,000 minus 30%.

What Should I Do if I Was Injured in a Multi-Vehicle Accident on I-25 and Need Legal Assistance?

Call Genco Injury Attorneys at 303-500-1376 for a free case evaluation. As discussed above, these highly complex cases shouldn’t be pursued without professional advice and guidance. We can review the specifics of your accident and help determine the best approach going forward.

Because of Colorado’s comparative negligence laws, the insurance representative or attorney working for other drivers in the accident may try to shift as much liability for the accident onto you as possible to avoid having their client responsible for claims and damages. That could lead them to contact you and try to have a conversation where they may get you to say something that could be interpreted as taking responsibility. Don’t respond to any communication attempts from them; just forward those to your lawyer.