How is fault determined in an auto accident?
In Colorado, fault in an auto accident is determined by the court system or through negotiation between the parties involved. In order to establish fault, the court will examine the facts of the accident by considering the actions of each driver, their speed, the condition of the road and the weather. Additionally, the court may rely on the testimonies of witnesses or an expert opinion to determine which driver was at fault. If both parties agree as to who is at fault, the court will usually accept this conclusion. If, however, the parties cannot come to an agreement, then the court will review all of the evidence and make a determination as to who is at fault. They will then assign a percentage of liability to each party, which will be used to determine the damages that they will be required to pay. In addition to the court’s view of the accident, drivers can also negotiate a settlement between themselves. This often involves the parties agreeing to accept a certain sum of money from one party to the other, instead of going through the court system. This is an alternative option that allows both parties to avoid a costly trial, and it is often quicker and more agreeable for both sides.
Related FAQs
What is a summons and complaint?What is the difference between compensation and damages in an accident claim?
What is a liability waiver?
What is liability insurance?
What types of compensation can I expect to receive in a personal injury claim?
What is a settlement offer?
Can I sue for emotional distress?
What is a claim for pain and suffering?
What is no-fault insurance?
What should I do if I am contacted by the other party’s insurance company?
Related Blog Posts
Understanding the Basics of Accident Law: An Overview for Victims - July 31, 2023What to Look for in an Accident Lawyer: Important Qualities to Consider - August 7, 2023
The Different Types of Accidents and How to Handle Them - August 14, 2023
Litigation Strategy: Key Considerations for Personal Injury Cases - August 21, 2023
The Role of Negligence in Personal Injury Cases - August 28, 2023