A car accident may be over within a matter of seconds, but the consequences can impact you well after the dust has settled on the collision. Often, these accidents result in catastrophic, life altering injuries. The costly medical bills and lost wages while you recover can produce crippling financial burdens for you and your family. While these times may be challenging, you don’t have to face them alone. At Pushchak Law, we’re here to help.
Brian Pushchak has witnessed firsthand the devastation caused by serious car accidents, and he’s committed to helping you through this difficult time. He’ll fight aggressively to hold the negligent driver accountable for your injuries so that you can stay financially afloat while you recover. Mr. Pushchak will focus on the compensation you deserve so that you can put your energy towards healing.
When facing the high-powered legal teams employed by the other driver’s insurance company, it’s crucial to have an experienced attorney such as Mr. Pushchak by your side. You can learn about your legal rights and options by scheduling a free consultation at our Denver, Colorado office.
Impact of Colorado Negligence Laws on Your Car Accident Lawsuit
Colorado has established a modified comparative negligence law to govern car accident lawsuits. This means that your damages are reduced by the percentage of fault attributed to your actions. In addition, if you’re found to be over 50% at fault for the accident, you won’t be entitled to recover any compensation at all.
For example, if you’re determined to be 20% at fault for the collision and your damages are $100,000, your final damage award will be reduced by 20% and you’ll only receive $80,000. However, if you found to be 51% at fault, you won’t recover anything. Due to the significant impact these negligence laws have on your compensation, it’s crucial that you work with an experienced attorney who can prove that the other driver was predominantly at fault. Mr. Pushchak can help build a strong case on your behalf in order to ensure you receive a fair settlement.
Damages in a Car Accident Claim
Depending on the specific circumstances associated with your injury, you may be entitled to recover damages for:
- Current and future medical expenses
- Ongoing rehabilitation
- Lost wages
- Diminished future earning capacity
- Pain and suffering
- Permanent injuries
- Disfigurement and scarring
Car Accidents Involving Uninsured or Underinsured Motorists
Colorado vehicle owners are legally required to carry auto insurance. In spite of these laws, there are many drivers who fail to purchase insurance coverage for their vehicle. In addition, there are countless other drivers who only purchase the minimum levels of coverage required by law. In the event of a serious accident, these minimum levels of coverage often won’t be sufficient to cover all of your damages.
One way to protect yourself if you’re injured by a driver without insurance or with insufficient coverage is to carry uninsured/underinsured motorist coverage on your policy. For a small increase to your premium, you’ll be able to recover compensation from your insurance carrier up to the maximum limits of your uninsured motorist coverage. It’s always best to purchase the highest levels of uninsured/underinsured motorist coverage offered by your insurance company in order to ensure you are fully protected in these situations.
Car accident lawsuits involving an uninsured or underinsured motorist are often more complicated, and it can be more challenging to recover the compensation you deserve. Mr. Pushchak can help you navigate this process in order to ensure your final settlement adequately covers your damages.
Car Accidents Caused by Distracted Drivers
The widespread use of mobile devices has made distracted driving one of the most common causes of car accidents in recent years. In fact, the National Safety Council has found cell phones to be a contributing factor in roughly 28% of collisions. The following data from the National Highway Traffic Safety Administration (NHTSA) underscores the dangers associated with using your cell phone while driving:
- Cell phone use results in a 37% impairment of driving-related brain activity
- On average, drivers take their attention off the road for roughly 5 seconds when sending a text message, which equates to traveling the length of a football field at highway speeds
- Drivers are 4 times more likely to get into an accident while talking on their cell phone, and 23 times more likely to get into a collision while texting
If you suspect the driver who caused your accident was using a cell phone at the time of the crash, Mr. Pushchak can take the following steps to prove these actions occurred:
- Review cell phone records to determine whether the phone was being used at the time of the collision
- Interview eye witnesses who can confirm the other driver was using a cell phone
- Review surveillance camera footage from nearby traffic light cameras to demonstrate the driver was on a phone at the time of the accident
If you’re able to prove the other driver was using a cell phone immediately before the accident, it can significantly strengthen your case and increase your chances of recovering the compensation you deserve.
Car Accidents Caused by Drunk Drivers
There’s a reason Colorado takes DUIs seriously. Driving while intoxicated significantly impairs your ability to operate a vehicle safely, and it is one of the most common causes of car accidents. If the other driver is found to be intoxicated, it will constitute negligence.
Drunk driving accident cases possess several unique elements that make them different than other car accident lawsuits:
- Dram shop liability laws may apply – In some instances, you may be able to hold a bar or restaurant liable for your damages if the establishment served the driver who caused your accident. In most instances, the driver would need to be visibly intoxicated at the time of service for the bar to be held liable.
- Punitive damages may apply – Punitive damages are rarely awarded in car accident lawsuits. However, when the negligent driver was drunk, you may be entitled to pursue punitive damages as part of your settlement due to the extremely reckless nature of this behavior.
- Criminal conviction – If the driver is convicted of a DUI, this can significantly strengthen your case.
The Pushchak Law Difference
Throughout his career, Brian Pushchak has developed a reputation as a staunch victim’s rights advocate. He believes you deserve to be treated fairly, and you’re entitled to all the remedies provided by our legal system after being injured by the negligence of another driver. He’ll fight tooth and nail to ensure you recover the compensation you deserve.
Pushchak Law is the only law firm in the Denver area with an exclusive Informed Decisions™ Approach to personal injury law. This process focuses on delivering highly personalized care, informing you of all your legal options, and working tirelessly to achieve a fair outcome to your case. With our Informed Decisions Approach™, you can count on having an attorney who:
- Listens carefully to your story to understand your unique needs
- Is dedicated to helping you receive the financial and medical assistance necessary to recover from your injuries
- Educates you about your legal rights and options to help you make the right decisions about your legal strategy
- Is personally available at all times to discuss your case or answer your questions
- Provides compassionate representation throughout the entire process in order to help you navigate the challenges you and your family are facing after suffering a serious personal injury
Schedule a Consultation
Please contact us today to schedule a free car accident consultation. Pushchak Law serves clients in Denver and throughout Colorado.