Meeting by Accident ^tm

"Meeting by Accident ^tm" is a new feature series authored by the Attorneys at "Bell & Pollock, P.C. This part consists of short, useful commentaries on important legal issues in the world of automobile accident personal injury litigation. For extended discussions on these topics, be sure to check out our BLOG, as well as the Bell & Pollock page on Facebook!

1. Who Got The Traffic Ticket- At trial the jury does not learn who received the ticket in the accident. These portions of the accident report are customarily "redacted" so the jury does not learn to whom the officer issued the ticket. Colorado statutes prohibit the introduction of any "record of conviction" of any person for a violation of the traffic laws in any civil action. C.R.S. § 42-4-1713. This prohibition extends not only to the "record" of any conviction, but any plea statement of the defendant driver made in connection with the traffic conviction. Ripple v. Brack, 286 P.2d 625 (Colo. 1955). In some circumstances, however, evidence of a conviction may be introduced to impeach credibility where the person providing testimony was convicted of a felony. C.R.S. 13-90-101.
2. Seatbelts- Under Colorado Law, specifically C.R.S. § 42-4-237, evidence that a plaintiff was not wearing her seatbelt is admissible at trial and will allow a defendant to argue for lower damages for "pain and suffering" endured by a plaintiff as a result of any injuries sustained in an automobile accident. The above Statute does NOT limit recovery for economic losses including medical bills.
3. Text-Messaging- Pursuant to a newly enacted Colorado State Law Ban on "Driving while texting" (D.W.T.), if you are caught D.W.T. you will face misdemeanor charges as well as a $50 fine. Moreover, if you are in an accident and you think the other driver may have been texting, make sure you report it to the investigating officer, the insurance adjuster, and your attorney.
4. Statute of Limitations [Car Accidents]- In Colorado, under C.R.S. § 13-80-102, the Statute of Limitations, or more simply, the deadline for filing a lawsuit for personal injuries caused by another, is two (2) years. However, if these injuries were in any way caused by or as the result of the operation of a motor vehicle, the Statute of Limitations is extended to three (3) years. This extension is due in part to the serious and often long-term injuries caused by automobile accidents. Please visit our Virtual Injury Seminar or our Radio Podcasts for additional information.
5. Comparative Negligence- Colorado has in system in place which limits the potential recovery in lawsuits for plaintiff's who are also found to be negligent and contributing to their injuries. Under the Comparative Negligence Statute, C.R.S. § 13-21-111, a jury verdict in favor of a plaintiff is reduced by the percentage the plaintiff is determined to be at fault by the jury. Importantly, if the jury finds a plaintiff 50% or more at fault for his/her injuries, they recover nothing.
6. Presumption of Negligence- Rear-End Accident- In Colorado, there is legal presumption that when a driver of an automobile hits another vehicle in the rear, that driver was negligent. If the defendant cannot overcome this presumption at trial through the production of evidence showing he/she was not negligent, the Jury will be specifically instructed by the presiding judge that they must find that the defendant driver was negligent.
7. Dram-Shop Liability- The Colorado Dram Shop Statute, C.R.S. § 12-47-801, applies to Bar Owners and "Social Party Hosts" and establishes when liability exists for people who are injured as a result of them serving/providing alcohol to another person. Under this statute, liability exists for alcohol licensees if they willingly or knowingly serve a person who is visibly intoxicated or under twenty one years old.
8. Trucking Regulations- There a hundreds of special rules, known as Federal Motor Carrier Safety Regulations, that apply just to truck drivers and trucking companies. Truckers are required to keep detailed logs, undergo alcohol and drug testing, and meet special employment requirements. If you've been hit by a truck, an attorney is almost always needed to interpret these complex and voluminous regulations. Please visit our Trucking Injury Video Seminar for more information on how the FMCSRs relate to your case.
9. The Family Car Doctrine- What happens when a child gets in an accident with their parent's car? What if a parent lets a driver with a suspended license borrow their vehicle? The family car doctrine or negligent entrustment tort may be used to hold parents responsible when their child gets in a car accident.
10. Medical Payments Coverage- If you are in an accident, even one precautionary trip to the hospital can cost thousands of dollars. Automobile insurance policies in Colorado now contain at least five thousand dollars in medical pay coverage, meaning expenses pursuant to medically necessary, trauma related care may be covered, even if you have no health insurance. Under C.R.S. § 10-4-635, insurers are required to include med pay coverage in your policy unless you specifically waive that coverage in writing. Ask your insurer about med pay coverage today.
11. Uninsured/Underinsured Motorist Coverage- What happens if the person that hits you has no insurance? What if they don't have enough to cover your damages? What if the person that hits you runs away and cannot be found? Your insurance policy may have UM/UIM coverage, designed to protect you against drivers who are uninsured or underinsured. A new Colorado statute, C.R.S. § 10-4-609, allows you to stack your UM/UIM coverage on top of any other coverage you may have, putting more money in your pocket and less in insurance company coffers. Bell & Pollock recommends that carry as much UM/UIM coverage as possible so that you are protected against irresponsible drivers.
12. Brain Injuries- Just because you don't lose consciousness does not mean that you haven't suffered a concussion or other traumatic brain injury. If you experience symptoms like dizziness, blurred vision, lightheadedness, fatigue, headaches or other cognitive difficulty following an accident, seek medical care immediately. If you have suffered a traumatic brain injury, you will need to consult with medical professionals and possibly undergo neuropsychological testing to prove your claim in a court of law.
13. Admissions at the Scene- If you are involved in an accident it is important to be polite and calm. However, being apologetic or admitting fault at the scene can come back to haunt you later down the road. Admissions by a party are an exception to the hearsay rule; the statements you make to others at the scene of an accident are admissible in court. Don't try to pacify another driver by stating you are at fault when you are not. If you are confronted by another party to an accident, politely decline to discuss who is at fault. We find many people are in shock and traumatized at the scene. Wait until you have had sufficient time to collect your thoughts as to what exactly happened before making a statement.

If you have been injured in an automobile accident, contact the attorneys at Bell & Pollock today! We can be reached by phone at (303) 795-5900 or by email.