Car Accident Lawyer in Denver, CO

Establishing Negligence in a Car Accident Case

A car accident doesn’t automatically mean you have a legal claim. These four elements need to be present to seek compensation.

• Duty of Care: Other motorists have a responsibility to follow the rules of the road to prevent injuring others.
• Breach of Duty: The obligation to others was violated in some way. This could involve drunk driving, texting while driving, ignoring a stop sign, or being reckless.
• Causation: By breaching one’s duty, the negligent party caused a car accident. Running a red light could cause a t-bone collision in an intersection.
• Damages: A driver or passenger suffered some form of measurable harm or loss. This might include medical bills, lost wages, and long-term or permanent disability.

If you were involved in a serious crash, the Denver car accident attorneys at Ogborn Mihm can review what happened, determine if you have a claim, and let you know what steps to take next.

Where Car Accidents Can Happen in Denver

These are some of the most dangerous roads in the city that are part of Denver’s High Injury Road Network.

• Interstate 25: People traveling north or south on I-25 need to exercise caution given the amount of traffic, high speeds, and presence of large trucks. I-25 on-ramps and off-ramps can also be especially dangerous, such as the ramps around 20th Street.
• Interstate 70: East-west traffic on I-70 can get congested and stressful, which can cause lots of accidents. This is especially true if tourists and out-of-towners take risks on the highway while trying to get into Denver or back home.
• Colfax Avenue: Almost 50 miles long, Colfax Avenue cuts through Denver and has earned a reputation for serious crashes over the years. Heavy use, speeding drivers, and multiple lanes make it dangerous for motorists as well as pedestrians.
• Federal Boulevard: Federal Boulevard is another major roadway where steady traffic and speeding lead to hazards for drivers, pedestrians, and cyclists. This is particularly true at busy intersections along the road.
• Alameda Avenue: Alameda Avenue is another wide and busy road in the city. Accidents tend to happen because of high speeds, complicated traffic flow, multiple lanes of traffic, and frequent stops, merges, and turns.
• Colorado Boulevard: Like the other high-injury network roads we’ve previously listed, Colorado Boulevard is another busy multi-lane Denver street prone to speeding, crashes at intersections, and hazards for cyclists and pedestrians.

City officials have made some improvements to these dangerous roads to promote safer speeds and greater protection for non-motorists. Yet we want to stress that accidents can happen anywhere in Denver and its surrounding communities. Wherever you’re headed, drive carefully and buckle up.

Common Causes of Car Accidents

Car wrecks can be complicated and involve multiple factors. These are some of the most common causes of car crashes in Greater Denver. Our accident lawyers can help determine if your claim is valid and start seeking compensation for you.

Speeding

Excessive speed is a leading cause of accidents nationwide. When people drive too fast on multi-lane roads or exceed the speed limit in school zones and residential neighborhoods, it increases the risk of catastrophic injuries to drivers, cyclists, and pedestrians.

Reckless Driving

Reckless driving refers to all kinds of behaviors that could endanger drivers in adjacent lanes, pedestrians, and cyclists. This includes aggressive lane changes, tailgating, refusing to signal, and street racing.

Distracted Driving

Distracted driving covers anything that diverts attention from the road or takes a driver’s hands off the wheel. Examples include texting while driving, rubbernecking, looking up directions, eating while driving, or making a phone call without a hands-free kit.

Driver Fatigue

Driver fatigue is usually associated with long-haul trucking, yet regular commuters often get behind the wheel when they’re tired or avoid resting on long drives. Delivery drivers and rideshare drivers in Greater Denver can also experience fatigue on a shift and might fall asleep behind the wheel.

Drunk and Intoxicated Driving

Driving under the influence of alcohol or drugs severely impairs your decision-making skills and reaction times. In addition to facing criminal charges, people who cause DUI accidents can be held liable for damages caused in a collision.

Defective Vehicles and Auto Parts

Some car accidents are the result of issues with vehicle safety or a vehicle’s safety features. In these situations, there may be issues with steering or brake systems that make collisions more likely. Similarly, faulty tires could blow out, increasing the chances of a major car wreck.

Poor Road and Weather Conditions

Not all crashes are due to driver error. Rain, snow, and black ice around Greater Denver can increase the likelihood of car accidents. The same is true of roads that have been poorly maintained or that have fallen into disrepair.

Potential Injuries in a Car Accident

Collisions can cause serious injuries. The physical trauma could require months of recovery, and some catastrophic injuries could result in lasting changes in mobility and quality of life.

• Fractured Bones and Joints: Broken bones and fractured joints can lead to major changes in mobility and limb strength even after someone has fully recovered.
• Face, Head, and Neck Injuries: Trauma to the face, head, and neck in a collision could require surgery and rehabilitation to address injuries, disfigurement, and head movement limitations.
• Spinal Cord Injuries (SCI): A major wreck could cause injuries to the back and spine. If a driver or passenger’s spinal cord is injured, they may experience partial paralysis, paraplegia, or quadriplegia (tetraplegia).
• Burn Injuries: A post-crash fire following a collision could cause serious second-, third-, or fourth-degree burns. Burn injuries can cause permanent scarring and lasting injuries that affect a survivor’s muscles and nerves.
• Loss of Limbs: Some collisions are so severe that they result in the loss of a limb at the accident site. Other times, doctors may need to amputate a limb following a crash because it’s too damaged to be saved.
• Internal Organ Injuries: The impact during a car wreck can crack ribs and injure internal organs such as the lungs, liver, kidneys, and spleen.

Car Accidents and Traumatic Brain Injury (TBI)

Head trauma in a car wreck can cause concussions, penetrating head injuries, and lasting brain damage. A major TBI can have lasting effects on a person’s memory, cognition, motor skills, mental health, and ability to live independently.

At Ogborn Mihm, our Denver-based lawyers take particular interest in brain injury cases. Our accident attorneys work with leading physicians and medical facilities in the U.S. who can provide brain injury treatment and add credibility to your case.

Who Can Be Held Liable for a Car Accident?

Different parties could be held liable for an accident depending on what happened. The team at Ogborn Mihm can review the evidence and determine who should be held accountable.

The Other Driver(s)

If a driver or multiple drivers were speeding, reckless behind the wheel, intoxicated, or distracted, they could be held liable for causing a crash. Multiple drivers could be held responsible for causing or contributing to a crash.

A Commercial Driver or Their Employer

If you were hit or run off the road by a semi-truck or rideshare driver, you can hold that person accountable for the car wreck. In some situations, the employer may also be liable for hiring practices or other policies.

Automakers or Parts Manufacturers

When a collision is caused by a defective vehicle or defective parts, automakers and parts companies can be held liable for their role in contributing to a crash.

Local Municipalities

If local road authorities in Denver failed to prepare a road for winter weather or neglected to repair a road problem that could contribute to an accident, these local authorities could be held responsible for their lack of action.

Statute of Limitations for Car Accidents in Colorado

In the state of Colorado, you have three years from the date of the auto accident to file an injury or fatal accident lawsuit. Once that three-year statute of limitations has passed, you will no longer be able to file a car accident claim.

A three-year deadline sounds like a long time, but it’s best to speak with our Denver car accident lawyers as soon as possible. The team at Ogborn Mihm can determine if you have a valid claim and start securing witness testimony and other evidence for your case before memories fade or any video gets erased.

Compensation in a Car Accident Claim

The trial-tested team at Ogborn Mihm can help you understand how much your accident claim is really worth. We will provide the emotional support and legal framework you need to move forward as you seek compensatory damages for economic and non-economic losses.

Economic and non-economic damages could include: 

• Medical Treatment Costs: This includes hospitalization and emergency medical care, surgeries, and follow-up visits with specialists.
• Ongoing Healthcare Needs: This includes estimated future costs of additional medical treatment, physical rehabilitation, occupational therapy, and mental health counseling.
• Property Damage: This includes the cost of vehicle repairs or replacement and damage to other personal belongings due to the car wreck.
• Loss of Income: This includes lost wages due to an inability to work while you’re recovering from your injuries.
• Reduced Future Earning Potential: If your injuries affect your mobility or result in a disability, you can be compensated for career changes, job retraining, and loss of earnings.
• Accommodations for Disability: This includes home renovations, vehicle renovations, and other modifications to accommodate a disability.
• Pain and Suffering: This includes lingering chronic pain as well as struggles with depression, anxiety, and post-traumatic stress disorder (PTSD).
• Diminished Quality of Life: This includes loss of enjoyment in old activities or hobbies or a general reduction in happiness or contentment after an accident. 

Frequently Asked Questions (FAQ) About Car Accidents

Accident litigation can be complicated. Below are answers to the most common questions our Denver car wreck lawyers have received from past clients, people in the community, and other accident survivors.

Should I still see a doctor if I feel okay after a car accident?

Yes. Not all injuries are immediately detectable or apparent. After any kind of collision, be sure to see a doctor just in case. This will help document the full extent of your injuries, which can help while seeking compensation.

What happens if I’m hit by a driver without auto insurance?

The stress of a crash is compounded when the at-fault driver is uninsured or underinsured. One way to protect against this situation is to buy uninsured/underinsured motorist coverage on your own insurance policy. It’s inexpensive, particularly in relation to the benefits it provides.

More importantly, your insurance company has a duty to treat you fairly when it comes to paying your damages under your uninsured/underinsured motorist policy and they can’t raise you premiums for an uninsured/underinsured claim. Ogborn Mihm will hold insurers accountable to this standard.

A car wreck aggravated a pre-existing medical condition. Can I still seek compensation?

Yes. We will need to prove that the car accident aggravated your medical condition, though insurance companies may try to undervalue your claim. 

This is why you need to get checked out by a doctor after a collision, and why it’s important to consult with a lawyer about your legal options.

Can I receive more than compensatory damages after a car wreck?

In rare cases, a car accident survivor may be able to sue for punitive damages. Also known as exemplary damages, punitive damages punish the at-fault party rather than compensate the accident survivor for their losses.

Our car accident attorneys can review the details of your collision and let you know if you can seek punitive damages.

What should I do if I get hurt in a rental car during a trip to Denver?

If you were injured in a rental car accident while on vacation or on a business trip in Denver, take these steps:

• Call 911
• Document the crash
• Exchange contact info with others at the scene
• Seek medical attention
• Notify the car rental company
• Inform your insurance provider (but do not admit fault)

We also encourage you to contact the lawyers at Ogborn Mihm about your car accident. Our law office can help out-of-town visitors evaluate their legal options.

Is Colorado a no-fault state for car accidents?

No, Colorado is not a no-fault state. Colorado operates under an at-fault (tort) system. This means the driver who caused the car accident is financially responsible for the resulting injuries and damages.

To recover compensation after a crash in Colorado, you must prove that another party’s negligence caused the collision[cite: 1]. While Colorado used to follow a no-fault system, that law was repealed in 2003, and the state fully transitioned to an at-fault model on January 1, 2004.

Why Choose Ogborn Mihm for Your Car Accident Claim

After a serious car accident in Denver, you can count on the trial lawyers at Ogborn Mihm to tell your story and seek maximum compensation.

A Focus on How Injuries Affect Your Life

Our attorneys want to know about your life before and after a car accident. This will help us understand how your injuries have affected your quality of life and future ability to earn a living and live independently.

Legal and Medical Resources

Ogborn Mihm works with leading medical professionals and facilities nationwide. We can help connect you with treatment while also building a strong, evidence-backed legal foundation for your accident claim.

Trial-Ready Legal Representation

Some Colorado law firms try to get as many clients as they can and look to settle cases quickly, but not Ogborn Mihm. We are selective and our attorneys are prepared to take your case all the way to trial if it means securing fair compensation for your injuries and financial losses.

Free Consultations and Contingency Fee Representation

After a collision, the last thing you need is another bill. Ogborn Mihm offers free consultations and representation on a contingency fee basis. That means you only have to pay if we can secure a settlement or win damages in court.

Contact Our Denver Car Accident Attorneys

Do not delay. It’s best to speak wth our Denver car accident lawyers as soon as possible to get the legal process started. To set up a free consultation with our trial-tested car wreck attorneys, contact Ogborn Mihm firm today.