Car accidents happen every day in Denver because drivers are simply not paying attention – this is an example of driver negligence. The amount of car accidents that happen every year cost a fortune in damages, including medical costs, lost income, property damage, emotional pain and suffering, and more.
If you were involved in a Denver car accident with a negligent driver, you are entitled to file a claim to seek compensation for damages that were caused by the at-fault party. In this article, we’ll go over some examples of driver negligence that often cause car accidents, and also a situation where the accident wouldn’t be considered driver negligence.
All Drivers Have a Legal Duty to Drive Safely and Avoid Harming Others
As the injured party, the burden of proof lies on you, meaning it’s your job to give proof and supporting evidence that the other driver was negligent and caused your injuries. That’s really the only way you can win compensation. Safe driving is not simply a suggestion for best practices – it’s the law. Under Colorado law, all drivers have a legal “duty of care” owed to all other people sharing the roads.
So the first step in filing your claim is to show that the driver had a duty of care to drive in a safe manner to avoid causing harm or injury to others. Then you’ll need to demonstrate how they failed to do so and that their negligence directly caused your injuries. Only then can you hold the driver accountable for your losses and get reimbursed for the damages they’ve caused.
What Are Some Examples of Driver Negligence That Cause Collisions in Denver?
Negligence can occur in so many different ways – even in ways you wouldn’t think would be considered negligence. In most cases of negligence, there’s some degree of driver error involved. Here are the most common types of driver negligence that lead to car accidents.
Distracted Driving (Especially Texting)
Over 400,000 people are injured every year due to negligent drivers who are distracted by their phones, food, children, or something else that shouldn’t be a priority while driving. Texting is a huge culprit for distracted driving accidents, with younger drivers being the highest risk group for causing a crash while texting and driving. In fact, statistics show that texting while driving causes just as many or more accidents than drunk drivers. All it takes is a few seconds of taking your eyes off of the road to cause a devastating, or worse, a fatal accident.
Other common examples of driver distractions include music, passengers, or other accidents on the roadway that people stop to watch and consequently cause a chain reaction accident.
Drunk Driving
Drunk driving is considered driver negligence. It’s not safe to get behind the wheel while you’re intoxicated, and drivers know this. But doing so anyway is negligent and extremely irresponsible. You could even call it outright reckless. This is a clear violation of every driver’s legal duty to drive responsibly and exercise reasonable caution. It’s unfair for a drunk driver to injure innocent victims or take the lives of loved ones and they should be held accountable for doing so.
Speeding
Everyone speeds from time to time, but when you’re swerving through lanes and gunning the gas pedal to the floor, that’s considered reckless driving and ultimately, negligence. About 30% of all traffic deaths are estimated to be caused by speeding drivers, who are also more likely to hit pedestrians and other people who share the roadways or use the crosswalk, such as cyclists. Speeding is especially dangerous when going around a steep turn or curve, as the driver can easily lose control of the wheel.
Following Other Cars Too Closely
Tailgating is not only negligent but it’s rude and can make the front driver feel uncomfortable and unsafe. More importantly, it can easily lead to a rear-end accident. Be sure to leave ample space between yourself and the car in front of you. Without enough distance, you don’t have enough time to stop and will most likely hit the car in front of you, especially during traffic that has a lot of “stop and go”.
Poor Judgment During Inclement Weather Conditions
Bad weather can lead people to make poor judgments. When there’s inclement weather, drivers need to adjust their speed to match the conditions and ensure safety. If there’s reduced visibility due to rain, fog, or snow, you need to slow down to give yourself a greater safety cushion for avoiding accidents. Even if you didn’t expect the weather to be bad, if it starts pouring down heavily, slow down. Many drivers think, “oh, it’s just water” and continue to speed or drive at the posted limit, but rain can cause cars traveling at high speeds to hydroplane and skim off the road or lose control very quickly.
Failure to exercise good judgment and take precautions in bad weather is considered negligent driving.
Running a Red Light
Many times when people see a yellow light they will speed up in order to avoid the red light, rather than slow down. It’s always best to err on the side of caution, however. We all have appointments and obligations, but it’s not worth compromising the safety or the lives of others. Intersections are particularly high-risk areas for motor vehicle collisions and other accidents because of all the cars traveling in different directions.
Fatigued Driving
Tired driving is especially common, but not limited to, truck drivers who often work long shifts, driving for 12 or more hours in one sitting. Let’s be honest, most of us are tired after a long day of work or while getting to work at the crack of dawn. But that’s not an excuse to get off the hook for causing an accident if you get drowsy and cause an accident behind the wheel. Double up on your coffee if need be and take whatever other steps that are necessary to ensure the safety of yourself and others.
What Is Not Considered Driver Negligence?
Health Issues
If the other driver has a health episode out of the blue, that is not considered negligence. It is considered to be an “Act of God.” But, if the other driver has a history of medical issues and drives anyway, that is considered to be negligence. We have seen this issue play out both ways in court. It really depends on the condition and the medical history.
Dangerous Roadways That Have Not Been Properly Maintained
Not every car accident case involved driver negligence. For instance, if there is a roadway with a dangerous pothole that wasn’t covered or some other hazard that creates an accident waiting to happen, there’s another party that could be accountable for failing to address this issue. In most cases, it’s the local government agency that’s responsible for maintaining roadways. Almost every city or county has a designated government entity that is in charge of inspecting, repairing, and maintaining safe roadways. If an accident occurs solely due to a dangerous road condition that the driver could not have avoided, that’s not driver negligence.
Defective Vehicle Parts or Poor Maintenance That Caused a Defect
Any defective vehicle part or faulty design that causes an accident would imply that the car manufacturer is liable for the accident. If they made some mistake while building the car or had a defective batch of parts that went out, and then an accident occurs because of that, the manufacturer can be held accountable for their mistake. Speak to a knowledgeable Denver car accident lawyer if you believe you were in an accident caused by a defective vehicle part.
What Compensation Is Available for Me After a Car Accident Claim?
One car accident can cause thousands of dollars in damages. Medical bills, lost wages, medication, emotional suffering, the list goes on. And it’s not only the injury victim who is affected, their families will be affected too. If you end up with a catastrophic injury or permanent disability from a car accident, you could be entitled to a huge settlement because your life will now be changed forever because of this single incident that was caused by a negligent driver. The financial struggles that families face when a loved one gets severely injured in a car accident can become overwhelming and flip their lives upside down – especially if the injury victim is the main financial provider for the family.
With the help of a skilled Denver personal injury lawyer, you can file a claim and recover damages to help you and your family get financial compensation. The insurance company will do its own investigation into the accident and analyze your claim before offering a settlement, which is almost always a lowball offer. In short, don’t ever accept the initial offer because it’s probably not enough to cover the full extent of your damages. Rather, wait until after you’ve had an experienced Denver personal injury lawyer review your case details and then proceed from there.
You can seek damage reimbursement for medical bills, pain and suffering, lost income, loss of consortium, lost companionship, reduced quality of life, and more.
Speak to the Best Denver Car Accident Lawyers Today
The aftermath of a car accident is never easy, and that’s why we are here to give you the support and guidance you deserve after getting unjustly injured. Securing legal representation to protect your rights after a Denver car accident is crucial.
Personal injury lawyers work on a contingency fee basis, so you don’t pay anything unless you win. In other words, you have nothing to lose by hiring an attorney who knows the intricacies of Colorado’s laws regarding car accident negligence and how to get the most out of your claim.
Contact us today for a free initial consultation.
