If you’ve never been involved in a serious car accident claim, there’s a good chance you have misconceptions about how Colorado Car Accident Lawsuits and the legal process works.
At LS Injury Law, we regularly hear questions from clients who are surprised to learn that some of the things they assumed about Colorado Car Accident Lawsuit cases aren’t actually true. Here are three facts that often catch people off guard.
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The Traffic Ticket May Not Come Into Your Injury Case
Many people are surprised to learn that the traffic ticket issued after a crash may not play a role in their personal injury lawsuit.
Why? Because traffic violations and personal injury claims are based on different legal standards.
A traffic ticket is issued under the traffic or criminal code. A personal injury case, on the other hand, focuses on negligence of whether someone acted carelessly and caused injuries to another person.
Because they are different types of legal proceedings, evidence related to a traffic citation may not be presented the way many people expect during an injury trial.
That doesn’t mean the facts of the accident aren’t important. The circumstances surrounding the crash, the actions of the drivers involved, witness testimony, and other evidence can all play a significant role in determining liability. It simply means that a traffic ticket and a personal injury claim are not the same thing.
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The Jury Typically Doesn’t Hear About Insurance
Another surprise for many accident victims is that insurance is generally not discussed in front of the jury.
In fact, courts often go to great lengths to keep information about automobile insurance and health insurance out of the courtroom.
Why?
The goal is to prevent the jury from being influenced by who may ultimately pay for the damages. If jurors know that an insurance company is involved, they may be tempted to award more money. Likewise, if they know medical bills have already been paid by health insurance, they may be inclined to award less.
Instead, jurors are asked to focus on the facts of the case, the injuries involved, and the evidence presented.
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Insurance Plays a Bigger Role Than Most People Realize
Many people believe they are simply suing another driver after a crash.
The reality is more complicated.
In order to pursue a claim, the person responsible for the accident typically must be named as the defendant and formally served with the lawsuit. However, insurance is often the source of the compensation that may ultimately be available to the injured person.
This creates confusion for many accident victims. Some hesitate to pursue a claim because they don’t want to take money directly from another individual. In many cases, however, insurance coverage exists specifically to protect people when accidents happen.
While the legal process requires certain procedures involving the at-fault driver, insurance companies are often heavily involved behind the scenes throughout the life of the case.
Why Understanding These Rules Matters
Car accident lawsuits are rarely as straightforward as they appear on television or in the movies.
Many people assume that a ticket proves fault, that juries hear about insurance, or that filing a claim means personally going after another driver. The reality is often much different.
Understanding how these cases work can help you make informed decisions after an accident and avoid common misunderstandings about the legal process.
Questions About a Colorado Car Accident?
If you’ve been injured in a Colorado car accident, LS Injury Law can help you understand your rights, navigate the claims process, and pursue the compensation you may be entitled to recover.
Contact LS Injury Law today for a free consultation.