Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

A serious car accident can upend your life in an instant. You may be facing medical bills, lost income, and physical pain, all because of someone else’s negligence. While it may seem clear that the other driver should cover your damages, the reality is that the legal process is often more complicated. Insurance companies do not hand over fair settlements without a fight.

Hiring a car accident lawyer is one of the most effective ways to ensure you receive the compensation you need. Insurance adjusters look for reasons to reduce or deny claims even when fault is clear. They may argue that your injuries are not severe, that you had a pre-existing condition, or even that you were partially responsible for the crash. Without legal representation, you could settle for far less than you deserve.

The risk of serious accidents in Colorado has only grown in recent years. According to most recent statistics, there were 745 traffic fatalities in 2022, the highest number in more than four decades. Over the past ten years, the total number of yearly traffic deaths has increased by 57 percent, reversing a decades-long decline.

Impaired driving has played a significant role in this trend, with DUI-related fatalities rising by 60 percent since 2019. These statistics reflect the increasing dangers on the road, making it more important than ever to have strong legal support if you are involved in a crash.

Should You Trust the Insurance Company to Be Fair?

Insurance companies may appear cooperative, but their primary goal is to protect their profits. Even if the other driver caused the crash, the insurer may try to reduce or deny your claim. They often do this by:

• Shifting blame. Colorado follows a modified comparative negligence rule, meaning that your compensation can be reduced if you are found even slightly responsible for the crash. If you are 50 percent or more at fault, you receive nothing.
• Downplaying injuries. Adjusters frequently argue that injuries are exaggerated or pre-existing, hoping to justify a lower payout.
• Delaying the process. The longer the insurer drags out your claim, the more pressure you may feel to accept a quick settlement that does not fully cover your losses.
• Making low offers early. Initial settlement offers are rarely fair. If you accept too soon, you give up the right to seek additional compensation if your condition worsens.

An attorney ensures that these tactics do not work against you. A lawyer collects evidence, builds a strong case, and negotiates aggressively to protect your rights.

Understanding Colorado’s Car Accident Laws

Colorado’s legal system affects how car accident claims are handled. Understanding these laws can help you see why legal representation is so important.

Modified Comparative Negligence

If you are found partially at fault for the accident, your compensation is reduced in proportion to your share of fault. For example, if you are awarded $100,000 but are deemed 20 percent responsible, you would receive only $80,000.

You cannot recover anything if you are 50 percent or more at fault. Insurance companies try to use this law to their advantage, making it critical to have legal representation that pushes back against unfair blame.

At-Fault Insurance System

Colorado follows an at-fault system, meaning the person responsible for the accident is also responsible for covering damages. However, insurers rarely pay without scrutiny. A lawyer helps prove liability and ensures you receive the full amount owed.

Statute of Limitations

The Colorado car accident statute of limitations says that you have three years from the date of the accident to file a lawsuit for injuries or property damage. If you miss this deadline, you lose the right to seek compensation. An attorney ensures that all necessary filings are made timely.

Why Some Injuries Require Legal Help

Many wonder, “Should I get a lawyer for a car accident that wasn’t my fault?” Certain injuries have lasting consequences that can affect your health, career, and financial stability. When injuries are severe, the insurance company may fight even harder to limit what they pay. Some of the most common injuries that require legal assistance include:

• Traumatic brain injuries (TBI)—these can lead to cognitive impairment, memory loss, and long-term medical needs; 
• Spinal cord damage—-paralysis and chronic pain may require ongoing treatment and rehabilitation;
• Broken bones—-some fractures require surgery, physical therapy, and extensive recovery time; and
• Soft tissue injuries—whiplash and ligament damage can take months to heal and may result in chronic pain.

A settlement should account for future medical expenses, lost earning potential, and the full impact of your injuries. Without legal guidance, there is a significant risk of accepting less than you deserve.

Speak with a Skilled Colorado Car Accident Lawyer Today

You should not have to bear the financial burden of someone else’s negligence. If you were injured in a car accident that wasn’t your fault, having the right lawyer can make all the difference in securing fair compensation.

The insurance company may not have your best interests at heart, but Gerash, Steinberg, Blanton, P.C. does. Our experienced attorneys fight to maximize your settlement and protect your rights every step of the way. Don’t wait to get the legal help you need. Call Gerash, Steinberg, Blanton, P.C. today for a free consultation, or reach out to us online to discuss your case.