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Larimer County personal injury attorney car accident

If you have been injured in a car accident, your chances of obtaining compensation usually rest on the ability to demonstrate that another person was responsible for the crash due to his or her negligent behavior. Recent data published by the Colorado Department of Transportation (DOT) points to the prevalence of driver negligence in automobile collisions, indicating that from 2005 to 2018, more than half of all car accidents throughout the state involved an apparent “human contributing factor.” Many of the common factors noted can form the basis of your personal injury case.

Human Contributing Factors in Car Accidents

The Colorado DOT’s report further breaks down some of the specific behaviors involved in crashes that had a clear human contributing factor. Some of the most common were:

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Larimer County personal injury attorney car accident

According to estimates from the National Highway Traffic Safety Administration (NHTSA), driver distraction was a factor in 8 percent of fatal car accidents and 15 percent of injury accidents in 2018, affecting more than 400,000 people in total. If you or a loved one has been injured in a motor vehicle collision, there is a significant chance that some form of distracted driving was involved. The good news is that you can often use this as evidence of another driver’s negligence as you seek compensation through a personal injury claim.

Examples of Distracted Driving

The primary example of distracted driving that may come to mind, and the only one that is specifically restricted under Colorado law, is the use of a cell phone while behind the wheel. Sending a text message or otherwise reading or typing a message on a phone is especially dangerous, as it can remove a driver’s eyes and attention from the road for several seconds at a time.

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Larimer County e-scooter accident attorney

Like them, love them, or downright hate them, electric scooters will not be leaving Colorado anytime soon. By now, you have probably heard of Bird, Lyft, or Lime, three of the most popular e-scooter rental companies. Fundamentally, these companies do not differ much: Customers use a phone application to rent a scooter for a given amount of time by linking some form of online payment. In the last five years, these e-scooters have gone from fun novelty to a major mode of transportation. With such rapid implementation nationwide, this new mode of transportation has spread throughout the United States more quickly than current laws can keep up, leaving many states and cities with a patchwork of hastily adopted legislation. Although the technology of electronic transportation devices such as these is ever-changing, as with any motorized device, there is the potential for accidents with minor to serious injuries. Below are some answers to commonly asked questions regarding e-scooters that can help users stay safe and avoid collisions with other vehicles or scooters.

Current E-Scooter Laws

The legality of riding these electric scooters varies from county to county, even city to city. In Breckenridge, for example, e-scooter businesses are banned entirely, although “the ban does not apply to people who own their electric scooters,” according to KKTV. The city of Boulder also placed a moratorium on issuing business licenses to commercial e-scooter companies. However, the original pause expired in April 2020. While electric scooters do not currently face any form of state-wide ban, there are some regulations that riders should understand to help prevent a traffic accident.

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Larimer County car accident attorney

Studies show that approximately nine people die and 1,000 more are injured every day in the United States from motor vehicle accidents resulting from distracted driving. This is a serious issue, so much so that nearly every state has laws against distracted driving. With that in mind, it is important to know and recognize the types of driving distractions and understand how they can lead to car accidents.

Distracted Driving Categories

Driving distractions can be divided into three categories, with most distractions overlapping in more than one category. The three main types of driving distractions are:

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Larimer County car accident injury attorney

Even for people who have been involved in a car accident before, there can be many unknowns depending on the circumstances of the crash. A fender-bender may not cause too much trouble, but when your car is severely damaged or you need intensive medical treatment, you may not know where to turn for help. If you are hurt in a vehicle collision, a personal injury attorney can assist you in seeking the financial compensation you need and deserve. 

What Are Examples of Negligence on the Road?

Since 2011, fatal car crashes in Colorado have steadily increased. Distracted driving is a leading cause of car accidents. There are no restrictions on talking on a cell phone for drivers 18 years and older. However, texting or any other kind of data entry is prohibited for all drivers. When motorists break these laws, they put others in danger, just as they would when drunk driving or speeding. If a driver's negligence was the cause of an accident, he or she can be held responsible for the injuries and damages suffered by other drivers or passengers. In these cases, an experienced attorney can help you determine your best options for pursuing compensation. 

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Larminer County auto accident attorney

Last year, an estimated 112.5 million Americans traveled during the December holiday season. No matter what holidays people celebrate, many take this time off work or school to travel to visit family or take a vacation. In many cases, these trips involve traveling via automobile, and due to the increased traffic on the roads, car accidents can become more likely during this time of year. Collisions may occur because of inclement weather, but distracted or impaired driving can also be a factor in accidents that result in serious injuries or fatalities.    

Factors that Contribute to Winter Car Crashes

The holiday travel season begins around December 22 and ends on January 1. The National Safety Council (NSC) typically estimates that around 800 people will die on the roads during Christmas and New Year periods. Cars have the highest rate of deaths per mile versus other forms of transportation. This is true throughout the entire year, so why do car accidents spike during the winter holiday season?

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Larimer County distracted driving car accident lawyer

It may feel like there is not enough time in the day to focus on one task at a time, but operating a motor vehicle should be the only thing on a driver’s mind when he or she is behind the wheel. In Colorado, 43 accidents each day are caused by distracted driving. Although it only accounts for 13 percent of all accidents, distracted driving often causes serious injury or wrongful death. If a distracted driver causes a car accident, other parties involved may be eligible for compensation if they suffer injuries, property damage, or pain or suffering. 

Proving Negligence for Distracted Driving

A personal injury case is reliant on being able to prove that negligence was involved in an accident. Under Colorado law, contributory negligence plays a role in determining compensation. A defendant is only obligated to compensate the plaintiff for his or her proportion of fault. If the court determines the plaintiff's negligence is greater than the defendant’s, the plaintiff may not recover any damages at all. 

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Hoggatt Law Office, P.C.

970-225-2190 | 1-800-664-3151

123 North College Avenue, Suite 160,
Fort Collins, CO 80524

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