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Was Someone You Love Killed in a Colorado Fatal Car Accident Today?

Fatal car accidents are nightmarish events. These tragedies occur for many different reasons, such as distracted driving, speeding, or impaired driving, leaving devastated families in their wake. We at Local Accident Reports understand the pain of losing a loved one. Our mission is to connect you with the help you need if you are facing the aftermath of a car accident in Colorado today.

Here at Local Accident Reports, we have a network of resources for your exact situation, including a team of experienced wrongful death lawyers. They are ready to provide the guidance needed after a fatal car crash. We can also connect you with community services offering financial aid, counseling, and more. We’re here to ensure you receive the care you need to move forward. Contact us now to see how we can help.

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FAQs About Car Accidents and Wrongful Death

What Is Wrongful Death in Colorado?

A wrongful death refers to a legal claim arising when the negligent or wrongful actions of another party cause a person’s death. For example, imagine a fictional person named William Miller, a 45-year-old sales executive was driving home on Colfax Avenue when he was involved in a fatal car accident. Mr. Miller, a responsible driver, was struck by Emma Brown, who was found to be driving under the influence of alcohol.

Under the Colorado Wrongful Death Act, family members of Mr. Miller can seek compensation for their losses (Colo. Rev. Stat. § 13-21-203). His surviving spouse, Evelyn, filed a wrongful death claim against Emma Brown, seeking compensation for economic damages such as medical bills, funeral expenses, and loss of financial support. Because negligence was clearly established since the defendant was known to be driving drunk, her claim was successful, and she was paid a settlement based on the legal value of her loss.

Survival actions focus on seeking compensation for a deceased person’s losses before they passed away (Colo. Rev. Stat. § 13-20-101). Wrongful death claims, on the other hand, seek compensation for the losses suffered by the deceased person’s family after their death.

Survival actions represent the deceased person’s interests, while wrongful death claims represent the family’s interests. Both aim to hold wrongdoers accountable, but they address different aspects of a tragedy: what the deceased endured before passing and what the family faces after.

Here’s a survival claim example:

Oliver Brown is a 32-year-old sales representative living in Denver. Oliver was hit by a distracted driver running a red light. Although Oliver survived the crash, he suffered life-threatening injuries, including broken bones and internal damage. This incident led to extensive medical expenses and intense pain.

Oliver later passed away due to his injuries. Oliver’s personal representative filed a survival action against the negligent driver. The court awarded damages to his estate. The money covered his medical bills, pain and suffering, and trauma. Plus, this legal action allowed Oliver’s family to hold the responsible party accountable on his behalf. 

Colorado’s roads can turn scenic to tragic in the blink of an eye. What most often leads to wrongful death car accident claims here? Let’s take a closer look at the culprits behind these heart-wrenching cases.

  • Negligent Driving: This negligence encompasses several actions. These include speeding, texting, drunk driving, and reckless behavior.
  • Hazardous Road Conditions: Colorado’s diverse climate can create hazardous road conditions. Snow, ice, and heavy rain can make roads treacherous. Accidents occur due to poorly maintained roads or inadequate signage.
  • Defective Vehicles: Defective car parts or vehicles can also result in fatal accidents. Faulty brakes, airbags, or other critical components can lead to tragedy. In such cases, wrongful death claims may target manufacturers or suppliers.
  • Medical Malpractice: In some instances, wrongful death claims stem from medical malpractice following a car accident. Delayed or incorrect medical treatment can worsen injuries and contribute to a tragic outcome.

These common causes of wrongful death claims shed light on the various circumstances that can lead to such tragedies. The hazards underscore the need for justice when lives are lost due to negligence or wrongful actions. Remember, pursuing a wrongful death claim seeks compensation, strives to prevent similar incidents, and makes our roads safer for all.

When a tragic loss occurs due to someone else’s negligence or wrongful actions, the question arises: Who can seek justice for the departed? Colorado law reveals the answer (Colo. Rev. Stat. § 13-21-201). Let’s take a closer look.

  • Immediate Family Members: Family members often have the primary right to file a wrongful death claim. This typically includes spouses, children, and parents of the deceased. They may seek compensation for their emotional suffering, loss of companionship, and financial support.
  • Legal Representatives: If the immediate family members do not pursue a wrongful death claim, a deceased person’s estate representative can take legal action on their behalf. This representative ensures that any damages awarded are used to benefit the deceased’s heirs.
  • Exceptions: In certain circumstances, even extended family members or dependents of the deceased may be eligible to file a wrongful death claim. These situations can be complex and may require legal guidance to determine eligibility.

Colorado law defines a statute of limitations for all car accident claims. This legal deadline dictates how long you have to file a wrongful death claim. You have two years from your loved one’s passing to initiate legal action (section 13-21-202 of the Colorado Revised Statutes). For wrongful death matters, the time limit begins when the death occurs. Failure to adhere to this deadline will likely result in losing the right to seek compensation.

Time matters when filing a wrongful death claim for many reasons. Evidence can fade, witnesses may become harder to locate, and delays can impact the strength of your case. By acting promptly, you will protect your family’s rights.

The undeniable link between reckless or negligent behaviors and the tragic outcome they often cause forms the basis of a wrongful death case.

At the core of a wrongful death claim lies the concept of negligence or wrongful act (CO Code § 18-1-503 (2022). To be compensated, you must be able to prove that another party’s actions led to the fatal accident. These behaviors may include reckless driving, drunk driving, or failure to obey traffic laws. Here are the main elements of negligence:

Duty of Care

You must be able to show that the defendant owed a reasonable level of care to avoid causing harm to others. For example, in a car accident, drivers are required to operate their vehicles safely and follow traffic laws to prevent accidents and protect other road users.

Causation

You must clearly link the responsible party’s actions and the fatal outcome. For example, a defendant’s reckless speeding in adverse weather directly caused a collision with someone else, resulting in that person’s tragic death.

Damages

In a wrongful death claim, you seek compensation for the losses incurred by the surviving family members. These losses can include medical expenses, funeral costs, lost financial support, and the emotional suffering experienced as a result of the loss. You will need to prove with medical bills and other documentation that these losses occurred.

The elements of a wrongful death claim form the basis of a justice claim. Proving negligence is a critical step toward holding wrongdoers responsible.

Wrongful death damages are a valuable resource for grieving families. However, Colorado imposes caps on damages. Caps limit the maximum compensation a plaintiff can receive, aiming to ensure fairness in the legal process. Below are the types of damages available to surviving family members.

  • Economic Damages: Financial losses suffered due to your loved one’s death. This can include medical bills, funeral expenses, and the value of lost financial support, like income your loved one would have provided.
  • Non-Economic Damages: These damages carry the heaviest emotional weight. These can encompass the pain and suffering experienced by your loved one before their passing, as well as your own grief and loss of companionship.
  • Punitive Damages: The court may in rare situations award punitive damages. This is a way of punishing the responsible party and deter others from engaging in similar negligent behavior.
  • Survival Action Damages: A legal claim pursued for the deceased’s estate. These include any losses or suffering your loved one experienced between the accident and their passing, such as medical expenses and pain and suffering.

Colorado places a cap on damages. “Caps” refer to statutory limits on the maximum amount of compensation for wrongful death claims (Colo. Rev. Stat. § 13-21-203). These caps restrict the total monetary damages a plaintiff can receive. These limits apply to non-economic damages (like pain and suffering) or punitive damages.  As of the most recent update in 2020, $571,870 is the max for non-economic losses.

More Questions You Might Have

Can I file both a survival action and a wrongful death lawsuit?

Yes, in Colorado, you can file both a survival action and a wrongful death lawsuit for a fatal car crash.

Can I file a wrongful death lawsuit in Colorado if the fatal car crash involved a hit-and-run driver?

Yes, you can still file a wrongful death lawsuit in Colorado if the fatal car crash involved a hit-and-run driver. Working with law enforcement and legal professionals will be critical to identify and locate the responsible party.

What if the deceased was partially at fault for the car accident in Colorado?

In Colorado, the concept of comparative negligence applies. If the deceased was partially at fault for the car accident, their eligible family members could still pursue a wrongful death claim. However, the compensation will likely be reduced proportionally to their level of fault.

How long does it take to resolve a wrongful death lawsuit?

The duration of a wrongful death lawsuit in Colorado can vary widely depending on factors such as the case’s complexity, negotiations, and court proceedings. It can take several months to several years to resolve, but your attorney can provide a more accurate estimate based on your circumstances.

What is the role of insurance companies in a wrongful death lawsuit?

Insurance companies often play a role in wrongful death lawsuits by representing the interests of the responsible party. They may be involved in negotiations or settlements, especially if the at-fault driver had insurance coverage.

Colorado Local Accident Resources

If you or someone close to you has recently been in a terrible motor vehicle accident in Colorado, moving on can be incredibly difficult. You may have sustained life-altering injuries, lost someone you loved, and are suffering crushing financial burdens like hospital bills. No matter what issue you’re currently facing, there are community resources and professionals to help you meet the serious challenges of recovery.

If Your Recent Accident Took Away Your Ability to Work

If this is the case, there are a number of resources to help you receive the monetary support you are entitled to.

Social Security disability benefits – This is a government program designed for people who can’t work because of a medical condition that’s expected to last one year or eventually result in death.
Supplemental Security Income – This is a separate government program for adults and children with low income and limited resources lacking the ability to work.

Need help with requesting an official copy of the incident police report?

For those who were involved in a Colorado car accident and are wondering how to get a copy of the police report, they will need to complete the DR2489 Requestor Release and Affidavit of Intended Use form, as well as pay a fee. Retrieving a copy of a police report will help injured victims prove their negligence claims and possibly win their personal injury lawsuits.

If you still have not obtained a copy of your police accident report, our local personal injury attorney can provide a complimentary copy to you. If you or a loved one still need a copy, we can help you get a free police report.

Emotional Support

Sometimes, even after the body heals from an accident, there remains a deep emotional wound. If you’re seeking help coping with mental trauma after a catastrophic car accident, check out the links below.

  • Trauma Intervention Programs, Inc. – This is a national nonprofit organization that’s been around since 1985. It has 14 affiliates serving 250 cities nationwide with specially trained volunteers ready to respond and support victims in the first few hours after a traumatic accident.
  • Therapists – No matter the issues you face, if you want to talk to someone, this site allows you to search by geographic area, specialty, insurance coverage, and name to find the ideal therapist for you.
  • Psychologists – Search Colorado’s state register for the help you need in various health issues and subject matters.
  • Transportation Disaster Assistance (TDA) – The TDA provides information and varying types of assistance for accident victims and survivors’ family members and friends in the immediate aftermath of an accident and the months and years following.
  • Spinal Cord Support Groups – This site offers a comprehensive list of support groups for those suffering from a catastrophic injury in Colorado ranging from spinal cord injuries to head trauma.

Financial Hardship Assistance

With the weight of legal fees, medical fees, or both bearing down on you and your family, it may be in your best interest to seek out additional help.

  • Victim Compensation – The state of Colorado offers a Victim Compensation Fund. Their website lists all of the different local branches with information on how to file a claim.

Car Insurance Information

The Colorado DMV requires drivers must have liability insurance, which covers only the other car and/or driver when an accident is your fault.

Colorado drivers must have liability coverage at the following minimums:

  • $25,000 per person for bodily injury.
  • $50,000 per accident for bodily injury.
  • $15,000 per accident for property damage.

The Colorado Division of Insurance is a tremendous resource to help you get insured. They help consumers by answering their questions, investigating their complaints, and helping them to understand their insurance policies.

Accidents Due to Drunk Driving

Drunk driving incidents are devastating in the amount of damage they can cause to you or your family. Colorado has two levels of alcohol-related driving offenses, and both are based on the measurement of blood alcohol content (BAC).

  • Driving Under the Influence of Alcohol or Drugs (DUI).
  • Driving While Ability is Impaired (DWAI).According to the Colorado DMV, the legal limit BAC for drivers over 21 years old is 0.08%, and the limit for drivers under 21 years old is 0.02%, while DWAI has a limit of 0.05%. If a law enforcement officer requires you to take a test because of suspected drinking and driving, and you refuse, you will be required to have Ignition Interlock for two years.

As of January 1st, 2014, refusing a chemical test automatically gets you a Persistent Drunk Driver designation (Colo. Rev. Stat. § 42-2-132). Currently, Colorado ranks 21st among states that have the worst DUI problems.

MADD – Standing for mothers against drunk driving, this nonprofit seeks to end drunk driving, help fight drugged driving, support the victims of these violent crimes, and prevent underage drinking. They have a 24-hour victim helpline at 877.MADD.HELP.

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Colorado Grief & Trauma Resources

Resources by State

Find Justice and Support After a Tragedy

Are you reeling from the devastating loss of a loved one in a Colorado car accident? You don’t have to navigate this difficult journey alone. At Local Accident Reports, we understand what you’re going through, and we want to help.

Our compassionate team can connect you with the help you need. Reach out now to get started by requesting your complimentary police report.

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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

213

Pickup and SUV Occupants

Pickup and SUV Occupants

196

Large Truck Occupants

Large Truck Occupants

20

Motorcyclists

Motorcyclists

103

Pedestrians

Pedestrians

92

Bicyclists

Bicyclists

16

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