At the McDowell Law firm in Colorado Springs, we handle all types of criminal defense and personal injury legal cases. One area those cases often intersect in traffic accident cases. Specifically, cases where people have been charged with a traffic offense like following too closely, careless driving, or even reckless driving.
When careless driving causes injuries, it often involves the two parts of our legal practice: criminal liability and personal injury claims. Today’s blog post will cover the roles of a personal injury lawyer, the paths to recovery, and the implications of insurance coverage and settlements.
Understanding Careless Driving in Colorado
Careless driving in Colorado is defined under state law C.R.S. 42-2-1402 as operating a vehicle in a “careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and all other attendant circumstances.” This definition is purposefully broad and covers a variety of behaviors, from distracted driving to failing to observe traffic signals. When there are no injuries involved, Careless Driving is a Class 2 Misdemeanor Traffic Offense. It carries up to 90 days in jail and a maximum fine of $300. In most careless driving situations jail is unlikely. In cases where careless driving involves injury or death, it not only triggers a traffic ticket but also civil ramifications as well.
Criminal Aspects of Careless Driving
When careless driving results in an accident that causes injury or death, the charges raise to a class 1 misdemeanor traffic offense in Colorado. The criminal penalties are very serious. Careless Driving causing injury or death carries a maximum of 1 year in jail (or a max of 60 days jail as a condition of probation) and a $300-$1,000 fine. Depending on the circumstances, jail can be a very real concern in cases involving serious injury or death if you’ve been charged with careless driving.
If your driving conduct is considered “reckless driving” and it results in serious bodily injury to another person, you could be charged with Vehicular Assault. Vehicular assault under C.R.S. 18-3-205 is a strict liability crime. Meaning that you didn’t have to have any intent (mens rea) to cause harm to someone through your actions. Vehicular assault is a Class 5 Felony in Colorado, and often results in plea offers involving prison time.
In all of these situations, a criminal conviction can lead to penalties including jail time, fines, traffic school, community service and a criminal record. The criminal process begins with an investigation by law enforcement to determine the specifics of the driver’s behavior and what caused the accident. This can often include accident reconstruction experts. Law enforcement will make a charging decision based on whether they believe there is enough evidence to show a driver acted with negligence or disregard for safety.
Personal Injury Aspect: The Role of Personal Injury Lawyers
The criminal and civil cases are two very different processes, but there is some overlap between the two. The first big issue is determining liability. If one party has been charged with an offense like careless or reckless driving, it will often play a big factor in the civil case.
A criminal charge isn’t always dispositive in determining liability. A few years ago, I had a case where a young lady was charged with careless driving for an accident that occurred on Austin Bluffs in Colorado Springs. The injuries were severe to my client, and relatively minor to the other driver. I handled both the criminal defense and the personal injury matter for my client. As we discussed the facts with the DA, they were quick to understand our argument that our client clearly had the right of way and could not be at fault. The civil case was a very different matter. The other insurance company was focused on the initial charging decision of the police and believed my client was liable for the accident. We fought the civil case for over a year, and were fast approaching trial, when the other side made our client an offer of insurance policy limits.
This is where the expertise of a personal injury lawyer becomes so important. The legal professionals at the McDowell Law Firm specialize in advocating for the rights of the injured, and helping you navigate the complexities of civil law to secure compensation for our clients.
One of our focuses as Colorado Springs personal injury lawyers is to assess the full impact of the accident on the victim’s life, including physical injuries, emotional distress, and financial losses. In every case we collect evidence, negotiate with insurance companies, and, if necessary, represent the injured party in court. Our main goal is to ensure that the victim obtains a monetary recovery or settlement they deserve.
Recovery and Compensation
The amount recovered in a personal injury case typically involves several key elements: medical expenses, lost wages, loss of consortium, and pain and suffering. An experienced personal injury lawyer will work to build a case demonstrating the extent of the victim’s losses and the other party’s liability.
Insurance plays a pivotal role in the recovery process. In Colorado, drivers are required to have auto insurance, which should ideally cover the financial aspects of an injury. However, insurance coverage limits can often fall short of covering all expenses, especially in severe cases. In Colorado, the minimum coverage required is $25,000. In a serious accident case, those limits often won’t even cover the ambulance ride and the ER visit. This can lead to the need for substantial settlement negotiations or even a trial to obtain adequate compensation.
Insurance Coverage and Settlement Negotiations
Navigating insurance claims is one of the main responsibilities of personal injury lawyers in careless driving cases. Our serious accident injury attorneys verify that all potential sources of insurance coverage are identified, such as the at-fault driver’s liability coverage and possibly the victim’s own underinsured or uninsured motorist coverage (UM/UIM).
Settlement negotiations are a critical phase where the skills of a personal injury lawyer are especially important. Insurance Companies look to minimize payouts, and a skilled injury lawyer will work to negotiate a settlement that truly reflects the damages sustained by the victim. If a satisfactory settlement cannot be reached, the case may proceed to trial, where a judge or jury will ultimately determine liability and compensation.
Conclusion
Careless driving cases in Colorado can result in serious criminal charges and complex civil litigation. Victims face a challenging road to recovery that will inevitably involve insurance claims and settlement negotiations. Speak to an experienced car accident lawyer at your earliest opportunity to guarantee your rights are protected. We work with our injured clients to prove liability and to maximize your recovery. We handle both careless driving criminal defense matters and personal injuries for plaintiffs that have sustained injuries from careless drivers. We always offer free, no obligation legal consultations. We’d be happy to discuss your case. Call Josh McDowell at 719-227-0022 to discuss your case today.