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Our Colorado automobile accident lawyers and Denver personal injury attorneys serve the needs of personal injury victims and families with wrongful death claims in Denver, Front Range and Western Slope communities including Aurora, Centennial, Highlands Ranch, Castle Rock, Boulder, Littleton, Greenwood Village, Monument, Parker, Grand Junction, Colorado Springs, Fort Collins, Pueblo, Thornton, Brighton, Federal Heights, Broomfield, the Denver Tech Center, Adams County, Broomfield County, Douglas County, Arapahoe County, Jefferson County, Boulder County and Denver County. Our car accident attorneys and personal injury lawyers will represent clients outside of the Denver Metro area and throughout Colorado at no additional charge. We may be reached toll free at 1-888-QUIK-LAW (888-784-5529).
Contrary to what some people think, serious criminal violations often make a wrongful death or personal injury claim more difficult. Often an insurance company will attempt to deny coverage under a "criminal acts exclusion" or "intentional acts exclusion" in an insurance policy. As such, it is important to characterize most claims in terms of negligence,or recklessness rather than intentional or criminal. When alcohol or drugs are a factor in causing a motor vehicle accident, punitive damages or exemplary damages may be available. Punitive damages are may be awarded by Colorado judges and juries for behavior which is willful, wanton or reckless - simply stated this means extremely bad behavior. Unfortunately, virtually all insurance policies will not provide coverage for punitive damages claims.
Other types of claims will be covered by insurance. These include claims for things such as pain and suffering, disability, lost wages, medical expenses and property damage. In fact, a skilled personal injury lawyer may be able to convince an insurance company or insurance adjuster to pay more on the covered claims based on the fact that liability is aggravated. Simply stated, a jury is more likely to award a greater amount for pain and suffering just because they do not like the drunk driver defendant.
To learn how Denver personal injury attorney Dallas Norton can work with the facts of your case, contact Dallas D. Norton, Esq. for a free consultation.
IT IS CRITICAL TO CONTACT THE POLICE IMMEDIATELY IF YOU SUSPECT DRINKING AND DRIVING.
We can obtain information through the criminal process to help in our claim against the drunk driver. In fact, if we are involved early enough, we may be able to persuade the drunk driver to cooperate. Once the criminal case has been resolved, it may be more difficult to get this cooperation from the intoxicated driver.
Quite often the other driver does not have adequate insurance coverage. In cases like this we look to other forms of coverage including stacking liability coverages from the intoxicated driver's family members, underinsured motorist or uninsured motorist coverage and even coverage from the person or bar that supplied alcohol to the drunk driver. Another avenue would be to pursue a claim for "negligent entrustment" against the owner of a vehicle who allowed someone to drive intoxicated.
If our firm is retained quickly enough, we may be able to assist you in obtaining an order for restitution in the criminal proceedings, or even apply for compensation county crime victim programs.
Hit-and-Run or Miss-and Run Cases
Everyone has heard of a hit-and-run accident. This involves a driver who causes a collision but leaves the scene of an accident. In our experience, these drivers often leave the scene because they were drunk drivers, had an invalid license, were illegally in the country or had a warrant for their arrest. A miss-and-run case is similar to the hit-and-run except that the vehicle causing the accident did not actually contact anyone else. In this case, if found, the at-fault driver may still be cited for causing the collision. However, the miss-and-run driver is often not aware that he or she did anything wrong. A classic example is the driver who abruptly changes lanes, without signaling and causes a car in the other lane to swerve to avoid the collision but ultimately collide with something else.
If the negligent driver has left the scene, report the accident to the police immediately.
Many insurance companies will deny a claim if an accident or wreck is not reported within 24 hours. Report your claim immediately. If there is an accident alert, go to the nearest police department and fill out a "counter report." The biggest hurdle in hit-and-run or miss-and-run accidents is finding the driver who caused the wreck. Sometimes with the help of witnesses, security video tapes, 911 transcripts or careful investigation the negligent driver can be found. Too often it's necessary to file a claim against your own insurance company. These claims are usually pursued through uninsured motorist coverage.
In hit-and-run or near hit cases, your own insurer will "take the place" of the at-fault driver. Even though this is your own insurance company, do not be fooled. In such cases, your own insurance company will try to claim you contributed to the collision and minimize your injuries, damages and losses. The adjusters will pay what the contract requires for your towing, rental car and to repair your vehicle. Do not let this lead you into a false since of security or friendship with your insurance adjuster or automobile insurance company. Under the terms of the uninsured motorist coverage, your adjuster is permitted (and even encouraged at times) to pay as little as possible for your injury claim. If you and your insurer cannot reach an agreement on the value of your claim then most often a lawsuit is required under the insurance policy. Often times a policy indicates that if both you and the insurer agree, arbitration can be used to resolve the claim. However, it is extremely rare that an insurer will agree.
You should contact an attorney to discuss your rights and the value of your claim before settling an uninsured motorist claim. Our experience with underinsured and uninsured motorist claims is extensive. We can help ensure that you get the full benefit of your insurance coverage when you need it.
For a free consultation, call attorney Dallas D. Norton, Esq. at 303-400-8100
To learn more about your rights and find out how we can help with drunk driving cases in Colorado contact Mr. Norton. Home, evening and weekend appointments are available.
Liability of Drunk Drivers
When You Need To Know Now
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Norton Law Offices
SERVING THE DENVER AREA AND ALL OF COLORADO
