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Written by: Tenge Law Staff

What Must I Prove to Win My Car Accident Lawsuit Against the Other Driver?

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According to recent crash data from the Colorado Department of Transportation, almost 50,000 traffic accidents happened in Adams, Arapahoe, and Denver counties in 2016. These statistics suggest that if you drive around the Greater Denver area, you are likely to be involved in a car accident, if you haven’t already. If you sustained an injury in a car accident in the Denver area that was the other driver’s fault, you may be entitled to recover damages related to injuries. Receiving compensation hinges on the strength of your case. Strong personal injury cases involving car accidents in Colorado often require proving that the other driver was at fault.

Proving the Other Driver’s Fault in Colorado Car Accidents

Regardless of the circumstances of your car accident, you will typically have to prove someone else’s negligence or wrongful conduct caused your injuries. In Colorado, to prove someone’s conduct caused your injuries, you generally need to show:

  • The defendant owed you a duty of reasonable care. All motor vehicle drivers owe a duty of care to other drivers on the road to follow traffic regulations and drive carefully.
  • The defendant breached that duty. When drivers break traffic laws such as driving under the influence of drugs or alcohol, driving while distracted, or driving recklessly, they breach their duty of care to others on the road.
  • The breach of duty directly caused your injury. You typically must show that the car accident caused your injuries. Causation isn’t always easy to prove, especially in car accidents that involve multiple vehicles. The defense may try to claim that you had preexisting injuries, or that you walked away from the accident without a scratch.
  • You must prove that you suffered damages as a result of your injury. You might suffer several different types of economic and non-economic damages as a result of a car accident injury. The most common damages include current and future medical costs, loss of wages due to missed work, loss of earning capacity, rehabilitation costs, pain and suffering, and loss of consortium.

What About Car Accidents Caused by Defective Auto Parts?

Sometimes, it may be a defect in the other driver’s car, rather than the other driver’s conduct, that caused an accident. In those cases, it is usually not necessary to prove the elements listed above. Instead, under Colorado law, manufacturers of defective cars and car parts face “strict liability” if you and your lawyer can show the defective car or part was not reasonably safe when used for its intended purpose.

Contact a Skilled Car Accident Attorney in Denver

If you have sustained an injury in a car accident in the Denver area, contact a skilled car accident attorney before the three-year statute of limitations for motor vehicle accidents ends. Contact the skilled personal injury attorneys at Tenge Law Firm, LLC in Boulder at (303) 665-2929 to schedule a free consultation and find out how we may be able to help you recover the compensation you deserve.

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