Denver Car Accident and Injury Attorneys

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What Sets Our Personal Injury Law Firm Apart?

Our attorneys are proven trial lawyers with more than 100 years of combined experience in injury and death cases, and a rich history of success obtaining results for our clients. Chalat Hatten & Banker is known for our honest, ethical legal counsel and tenacious, trial-ready advocacy. Our practice is exclusive to serving accident victims and their families — helping people just like you get back on their feet.

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Auto Accident FAQs

What should I do after a car accident?

Car accidents in Colorado are, unfortunately, a common occurrence. Even a seemingly minor crash can end up resulting in serious and potentially debilitating injuries that prevent you from working or engaging in hobbies and activities you once enjoyed. When you suffer injuries in a car accident, what you do in the aftermath can impact your rights and the compensation you can recover. If you are injured, your first priority is to seek medical attention. Everything else comes secondary. These are the next steps you should take following a car accident in Colorado.

Who is liable for my AUTO accident?

Every driver in Colorado owes a duty of care to the other drivers, passengers, and pedestrians on the roadway. Included in that duty is the responsibility to drive carefully, obey traffic violations, and behave reasonably behind the wheel. When a driver is careless, breaks a traffic law, or otherwise breaches the duty of care, they are considered negligent. They will be legally responsible for the damages they cause.

In most cases, proving fault is key to collecting compensation after an accident in Colorado. When fault is contested, it’s important to speak to an experienced Colorado car accident lawyer right away so you’re not left footing the bill for someone else’s negligence.

How is fault determined in a MOTOR VEHICLE COLLISION?

A lot goes into establishing who is at fault after a car accident if it is not an obvious determination. In situations when it is not crystal clear, citations, evidence, witnesses, and an experienced attorney are key elements in determining fault in auto accidents. After an accident, it is important to get the police involved because they typically issue citations to one or more drivers based on evidence, statements, and eyewitness accounts. Insurance companies use these citations to help assign liability. However, citations can be disputed through further investigation.

When neither driver involved in the accident admits fault, eyewitnesses can play a critical part in the investigation. Witnesses who are unknown to the drivers can give statements of what they saw which can help establish responsibility. In instances when multiple witnesses provide the same account of what took place, this can often help validate who caused the accident. This is why it is very important to interview witnesses and obtain their contact information.

Physical evidence such as injuries, skid marks, property damage, and paint on a vehicle are also critical pieces of the puzzle and can help point to who is responsible for the accident. It is very important to document the scene of the accident, your injuries, and damage to property. Use your phone take to take photos and videos. In addition, many cities now have traffic cameras that can be used during the investigation.

If I received a traffic ticket for my accident, can I still sue the other driver?

While police reports and traffic tickets are important evidence in a car accident claim, liability is not solely determined by the citations. Official reports can provide credible and persuasive evidence about what happened in a collision. But law enforcement officers aren’t always present when the accident occurs. Sometimes, the official report is inaccurate or records misinformation. Other times, there may not be a police report.

Likewise, traffic citations are handled separately from insurance claims and personal injury lawsuits. A traffic ticket does not necessarily determine someone’s liability for damages after a crash, nor does it always tell the whole story. Other kinds of evidence may come into play.

How Long Can I Wait to File a Motor Vehicle Accident Lawsuit?

In Colorado, you have three years in which to file a claim for a motor vehicle lawsuit. You must file within three years of the accident or forever lose your right to do so.

Can I Settle with the insurance company on my own?

Though insurance companies have a duty to handle each claim honestly and fairly, the insurance company is not on your side. Insurance companies are for-profit corporations. They will work hard to minimize their own financial liability as much as possible. It isn’t uncommon for insurance companies to offer unreasonably low settlements, or to outright deny a valid claim.
 
If you’ve ever read through an insurance policy, you probably have a sense of just how complex insurance matters can be. More to the point, insurance companies have virtually endless resources at their disposal, plus an army of attorneys on their side. Trying to face them on your own puts you at a real disadvantage. By consulting with a lawyer for a car accident injury in Denver, you’re able to stand on even ground.

why do I need a lawyer IF I HAVE UNINSURED OR UNDERINSURED MOTORIST COVERAGE?

After you have been involved in an accident with an uninsured or underinsured driver, getting assistance from an experienced attorney can be pivotal for securing fair financial compensation and benefits for your injuries and losses.

You should remember that insurance companies – including your own insurer – are not on your side. They are in the business of making money and they do this by paying you as little money as possible, even after you’ve purchased and paid premiums on UM coverage for years. Your insurance company will likely request proof of your injuries, medical treatment, damage to your vehicle, and conduct an investigation.

If you have any reason to believe the insurance company is not being cooperative, delaying, or devaluing your claim, you should consider hiring a car accident lawyer. An attorney can manage your claim quickly and professionally, handle the critical negotiations with the insurance company, and ensure you pursue all possible sources of compensation that you deserve under the law. In addition, your lawyer can help you value your claim and protect you to ensure you reach the best possible outcome after an accident with an uninsured driver.

Should I provide a recorded statement?

As a general rule of thumb, it is not a good idea to consent to provide a recorded statement to an insurance company. While insurance companies generally require policyholders to cooperate in the claims process, you are never required to provide a recorded statement and you have the right to refuse a recorded statement if you don’t have legal representation. However, it is important to remember that anytime you speak with an insurance representative over the phone, your conversations are likely being recorded. And anything you say can be used against you in the future.

Typically, an insurance adjuster will call you and ask you to provide a recorded statement. When you discuss your case with an insurance adjuster, they are looking for comments that weaken your case and/or any contradictory statements you make that help them deny or minimize your claim value. For example, the adjuster may ask you how you are doing. If you politely reply that you are fine, they can use the response to paint the picture that you were not injured.

Inevitably, you will need to speak with an insurance company representative over the phone. When you are on the phone, always make sure to provide completely accurate information. Do not guess and do not ramble when answering questions. If you do not know the answer to a question, it is ok to simply state “I do not know the answer,” “I do not recall,” or “I will have to get back to you.” You should avoid any conversations with the insurance company if you are on medication or if you are not feeling sharp.

Are Bicycle accidents More serious than other car accidents?

Bicycle accidents can easily result in catastrophic injuries such as traumatic brain injury or even death. Both the cyclist and the driver may be moving at significant speeds, thus forces are greater upon impact. And a bicycle is no match for a motor vehicle. Because cyclists have little to no physical protection in a collision, the injuries in bicycle cases may be extensive — and because the medical bills add up so quickly, sometimes into a six-figure range or beyond — insurance companies tend to mount an aggressive defense to these claims. An effective claim is supported by evidence. Our team works closely with a wide range of investigative experts to establish liability and bolster our clients’ claims.