The Other Driver Has A Car Accident Lawyer. If You Don’t, They Will Steamroll You.
As any good car accident lawyer knows, it takes more than pointing a finger to assign fault in a car accident lawsuit. A car accident victim seeking compensation for injuries they sustained in a car crash with another driver can’t just say “they hit me” and expect a check to come in the mail. Proving who was responsible for your car accident, and determining who should pay for the losses and damages you have suffered as a result of the accident, takes much more than arbitrarily assigning blame.
To begin with, determining fault in a car accident claim requires evidence and testimony, as well as an understanding of the rules that determine whether a Colorado Springs judge or jury can consider such evidence or testimony. Another requirement to assign blame is an ability to apply Colorado law regarding negligence to the specific facts and circumstances of an accident. And, most importantly, proving fault requires experience, skill, and tenacity to fight an insurance company that will make every effort to point the finger at anyone but their driver.
An experienced car accident lawyer has the education, training, insights, and knowledge to prove that blame lay squarely with the other driver, that their negligence or poor judgment caused your injuries, and that the other driver (and their insurance company) should be on the hook for your losses.
Here are three reasons why determining blame for injuries is best left to your car accident lawyer.
You Won’t Convince The Insurance Company Their Driver Was To Blame
After an accident, the other driver’s insurance company will quickly have attorneys and claims adjusters on the case, gathering evidence, contacting witnesses, and preparing a defense to prove that their insured driver was not at fault. That is what car insurance companies and their attorneys do: defend their insured driver – and themselves – against claims for damages.
Despite the well-placed and paid-for marketing you see everywhere, insurers are in the making-money business, not in the “good neighbor” or “we know a thing or two because we’ve seen a thing or two” business. Every dollar they pay out in claims is a dollar out of their profits. The end goal of these companies is to pay injury victims as little as possible; or ideally, they want to pay nothing at all.
Knowing this, when the negligent driver’s insurer calls you after your accident, you should be on the alert. Don’t expect them to open up their checkbook. Even if you think that the other driver was clearly and obviously at fault for the accident, even if you believe your case is a “slam-dunk,” the insurer won’t. Insurance adjusters and attorneys are experts at casting doubt on the circumstances of the crash. Because their focus is on their bottom-line, these adjusters will offer you a paltry sum of money to just go away, especially if they know that you could get and deserve much more. And, well-aware that you may need money now, they understand that even a small amount may be attractive to you.
Insurance companies prey on your naivety, knowing that you don’t know the law and may not understand your rights. But when you hire an experienced car accident lawyer to represent you, the other driver’s insurer recognizes that they face someone who has the skill and tenacity to prove that their driver caused your injuries and should be held responsible.
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Just Because The Other Driver Caused Your Accident Doesn’t Mean They Caused Your Injuries
Even if it is crystal clear that the other driver caused your crash, you still must prove that the crash caused your injuries. This can involve complicated medical records, issues, and testimony from the doctors who treated you as well as medical experts who can theorize as to the reason for and extent of your injuries.
During the discovery phase of your case, the other driver’s insurer will get access to your entire medical history, including any treatment or diagnoses regarding prior injuries. The insurer will take the depositions of the doctors who treated you for those earlier injuries and hire expert witnesses to offer opinions that will support their claim that their driver did not cause your injuries.
Unless you have the expertise to know how to counter these aggressive efforts, you won’t be able to prove that your injuries, real as they may be, are the other driver’s fault.
A Judge Won’t Treat You Special Just Because You Represent Yourself
Proving negligence in a car accident lawsuit is an essential element of such cases. If you sue another driver for your car accident injuries, it is necessary to demonstrate that their negligence is why you find yourself in your current situation.
Colorado laws and rules govern what exactly you need to prove, how you prove it, and whether the evidence or testimony you think puts the blame on the other driver is admissible in court.
Colorado Springs judges expect both the plaintiff (you) and the defendant (the other driver and their insurance company) to have the same understanding of all of these laws, rules, and procedures that govern car accident lawsuits. Busy judges with crowded dockets don’t have the time or tolerance for plaintiffs who don’t know what they’re doing. Before you think about representing yourself, ask yourself these important questions: Do you know how to take or defend a deposition? Do you know how to question a witness’s credibility or the basis for excluding a piece of evidence or testimony?
If you don’t know the answers to those questions, be assured that the lawyer trying to defeat your claim certainly does. And their knowledge and experience will steamroll you before you know what hit you.
Speak To An Experienced Colorado Springs Car Accident Attorney Today
Colorado Springs car accident attorneys Trent King and David Beaty have all the necessary skills, experience, and tenacity to get the maximum amount of compensation available for those injured by other drivers’ negligence and recklessness. Please contact King and Beaty today to arrange for your free initial consultation.
