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Colorado Springs Car Accident Lawyer

Car Accident Attorney Colorado Springs

Car accidents on busy Colorado Springs roads like I-25, Powers Boulevard, and Academy Boulevard can leave victims facing mounting medical bills and lost wages. At McCormick & Murphy, our auto collision attorneys have over 60 years of combined experience helping accident victims throughout El Paso County recover fair compensation from insurers like State Farm, USAA, Progressive, and Allstate. Our Colorado Springs car accident lawyers will represent you throughout the legal process, from gathering evidence at the accident scene to negotiating with insurance adjusters, while you focus on recovering at respected medical facilities like Penrose Hospital, UCHealth Memorial, or St. Francis Medical Center.

Common Causes of Auto Accidents in Colorado Springs

Auto accidents don’t just happen randomly on Colorado highways; they result from someone’s negligence, whether it’s another driver, a road maintenance authority like CDOT (Colorado Department of Transportation), or vehicle manufacturers. Common causes of car accidents in Colorado Springs include:

  • Speeding or driving too fast for conditions, especially on dangerous stretches like the I-25 “Gap” between Monument and Castle Rock
  • Drinking and driving, particularly around downtown entertainment districts on Tejon Street and Nevada Avenue
  • Vehicle defects from manufacturers like Toyota, Ford, or General Motors
  • Unsafe road conditions on mountain passes like Ute Pass or during winter storms
  • Other drivers’ negligence at major intersections like Powers and Stetson Hills or Academy and Woodmen

Common Colorado Springs Car Accident Injuries

Some of the most common injuries suffered by accident victims in Colorado Springs are:

  • Burns;
  • Head and brain injuries;
  • Neck injuries;
  • Broken bones;
  • Whiplash injuries;
  • Back and spine injuries;
  • Chest injury;
  • Fractures;
  • Disfigurement;
  • PTSD;
  • Shoulder injuries;
  • Organ damage; and
  • Other internal injuries

Following an auto accident, it’s paramount to seek the help of a Colorado Springs car accident lawyer right away to help establish the at-fault party.

An attorney will also have the knowledge and resources necessary to investigate and document your claim.

Choosing to work with a Colorado Springs personal injury attorney also helps ensure that you get the maximum possible compensation for your physical, emotional, and financial damages.

Under the Colorado State laws, you are eligible for fair compensation for any injuries and damages you incur from a crash.

The compensation can include:

  • Healthcare expenses for any short- or long-term care for all persons that were injured in the crash;
  • Repair or replacement costs for your car;
  • Repair or replacement expenses for any belongings damages in the wreck;
  • Payment for lost income while you’re unable to work because of the injuries; and
  • Legal costs that are associated with the crash’s aftermath. MCCORMICK & MURPHY FOUGHT FOR MY RIGHTSAND COLLECTED OVER $1,000,000 FOR ME.

When I was seriously injured in an automobile accident, I believed the insurance companies would treat me fairly. As a result of the accident I lost the ability to work in the profession that I had been trained in. Even though I lost my ability to earn a living due a serious head injury, neither the insurance company of the driver who hit me or my own insurance company offered to pay for the lost wages that I would lose over my life time. McCormick & Murphy fought for my rights, and eventually collected over $1,000,000.00 for me. I highly recommend McCormick & Murphy.

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What to Do After a Auto Collision in Colorado Springs

After a car collision in El Paso County, taking the right steps within the first 72 hours is crucial for your case. Contact Colorado Springs Police Department at 719-389-0400 for an official accident report. Seek immediate medical attention at UCHealth Memorial Hospital or Penrose Hospital to document your injuries. Report the accident to your insurance provider but avoid giving recorded statements to the at-fault driver’s insurance company, whether it’s GEICO, State Farm, or Farmers Insurance.

Remember that Colorado’s statute of limitations gives you just three years from the accident date to file your claim. Working with a qualified Colorado Springs auto accident attorney from McCormick & Murphy will help you avoid missing critical deadlines and maximize your compensation for medical expenses from providers like Centura Health, lost wages, and pain and suffering.

Should I Be Speaking with the Other Driver’s Insurance Company?

Although you should always advise your insurance carrier when you are involved in an accident, you have no obligation to speak to the other driver’s insurance company.

After a motor vehicle collision, you will likely receive a call from the at-fault party’s insurance carrier. They will request a recorded or written statement. They may even go so far as to suggest that giving such a statement is required. But it is important that you do not provide any statement until you talk to an attorney.

Insurers can use any part of your statement against you. They will look for reasons to deny your claim or to minimize its value. In fact, that is the exact reason that they are asking you for a statement. The best way to avoid giving them any ammunition to use against you is to not speak to them until you consult with your attorney.

Should you find yourself on the phone with the insurance company, say nothing beyond providing them with the name and contact details for your car accident attorney in Colorado Springs.

In some cases, your own insurance carrier might request a formal statement. Although it isn’t common, an accident victim must occasionally pursue an insurance claim against their own insurer. For this reason, you should probably also avoid giving a formal statement to your own carrier until you clear it with your attorney, and have he or she present for the interview.

A quick call to McCormick & Murphy P.C. can get you the answers you need, when you need them.

Auto Accident Liability in Colorado

Colorado is a fault-based auto accident state. To hold another driver liable for a fender bender, you must prove that they caused the crash through their unsafe conduct. Liability is based on the legal concept of negligence.

As explained in the Colorado Civil Jury Instructions, negligence is the “failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances.”

In other words, it is reckless or unreasonably dangerous behavior.

In car accident cases, negligence comes in many forms, including: 

  • Speeding;
  • Reckless driving;
  • Following too closely;
  • Running red lights;
  • Running stop signs;
  • Failure to yield;
  • Failure to make a lawful left turn;
  • Unsafe merges or lane changes;
  • Distracted driving; and 
  • Intoxicated driving. 

Required Auto Insurance in Colorado

The first thing that you should know about driving in Colorado is that carrying auto insurance is required under the law. 

It is mandated that a person carry:

  • $25,000 in bodily injury liability coverage per person;
  • $50,000 in bodily injury liability coverage per accident; and
  • $15,000 in property damage liability per accident.

Having this insurance is not optional, and can result in penalties for drivers who fail to drive while insured. Despite this, though, there are many drivers who choose to operate their vehicles without insurance. Not only are these drivers breaking the law, but they are also putting themselves at risk of personal liability in the event that they cause an accident.

Legal Options After an Accident With an Uninsured or Underinsured Driver

Being involved in a crash with a driver who doesn’t have insurance can leave you with a sinking feeling, and a lot of anxiety about the future and how you will pay for your losses.

Fortunately, there are usually other options. For example, if you have health insurance coverage, your health insurance provider should pay for your medical bills.

In addition to your health insurance provider, you may be able to recover compensation for your medical expenses, property damage costs, and even your lost wages by filing a car accident claim against your own insurance policy if you maintain certain coverage types.

These include:

Uninsured/Underinsured Motorist Coverage

Most people in Colorado carry uninsured/underinsured motorist coverage.

This type of coverage can pay for some or all of your losses in the event that you’re involved in a crash with a driver who doesn’t have insurance or doesn’t have enough insurance to fully cover the extent of damages you’ve suffered.

Waiving Uninsured/Underinsured Motorist Coverage

In Colorado, you can waive this coverage in writing, but our Colorado Springs auto accident attorneys advise that it never be waived.

Medical Benefits Coverage

This type of coverage is optional in Colorado and offers medical and funeral expenses coverage for you and any of your passengers harmed as a result of an auto accident. This coverage can be waived but we recommend that you do not waive it.

Collision Coverage

Finally, if your vehicle was damaged in the crash and the at-fault driver doesn’t maintain property damage liability coverage, you can file insurance claims against your policy’s collision coverage for the cost of vehicle repairs.

Compensation Available Under Colorado Personal Injury Law

Colorado uses comparative negligence rules (Colo. Rev. Stat. § 13-21-111), meaning compensation is reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% responsible for the crash on North Academy Boulevard, your recovery would be reduced to $80,000.

Your compensation might include medical expenses from UCHealth or Centura Health facilities, physical therapy costs from providers like Fyzical or ATI Physical Therapy, lost wages from employers like Fort Carson, Peterson Air Force Base, or local businesses, and pain and suffering. In severe cases involving traumatic brain injuries or spinal cord damage, settlements from major insurers like Allstate, State Farm, or Progressive might range from $250,000 to over $1 million.

What Do Colorado Springs Car Accident Lawyers Charge?

What Does a Auto Accident Lawyer Charge in Colorado Springs?

Choosing to have a Colorado Springs car accident lawyer handle your case can provide lots of advantages for injury accident victims, but at what cost?

At McCormick & Murphy, P.C., we understand what victims go through after being involved in an accident that someone else caused. You might have no way to pay your medical bills or cover your living expenses while you recuperate—especially if your injuries prevent you from working.

For that reason, most Colorado Springs auto accident lawyers will accept your case on a contingency fee basis.

We will handle your case on contingency, which means that you won’t owe any retainer or legal fees upfront. Your lawyer will do all the work and pay all the expenses associated with your case. You will not owe any legal fees at all until and unless your lawyer recovers compensation for your claim.

Upon receiving a settlement or jury award, your attorney will deduct a previously agreed-upon percentage of the total as well as any agreed-upon expenses.

Injured Accident Victims Deserve Full Financial Compensation

Car accidents can result in serious injuries and expensive repair bills. Under the Colorado state laws, you have the right to hold a negligent defendant legally responsible for any injuries and damages you incur from a crash.

While insurance adjusters often fight aggressively to limit settlement offers, you should not accept less than you truly deserve. At McCormick & Murphy, P.C., our Colorado Springs car accident attorneys will help you maximize your compensation. Contact us for a free consultation today to learn how we can help you.

We take car accident cases on a contingency fee basis which means you don’t pay us anything unless we win.

You may be able to recover financial compensation for: 

  • Repair or replacement costs for your car;
  • Repair or replacement expenses for any belongings damaged in the wreck;
  • Emergency medical care; 
  • Short or long-term healthcare expenses for all persons that were injured in the crash;
  • Other medical expenses and bills;
  • Physical therapy;
  • Lost wages or income while you’re unable to work because of your injuries;
  • Diminished earning capacity;
  • Legal costs that are associated with the crash’s aftermath;
  • Emotional Distress;
  • Pain and suffering; and
  • Long-term disability. 

When Should I Hire a Colorado Springs Car Accident Attorney?

When Should I Hire a Car Accident Lawyer in Colorado Springs?

Colorado’s laws do not require you to hire a lawyer for a personal injury claim. However, in most cases, having an attorney provides several key advantages.

Investigating and Documenting Your Claim

Once you have a lawyer on board, your attorney will get to work investigating and documenting your claim.

At McCormick & Murphy P.C, we have investigators ready to mobilize on your behalf. Our legal team will advise you regarding any rules and regulations associated with your claim, such as ensuring that you bring forth your case within Colorado’s statute of limitations.

We will also advise you on best practices to maintain throughout the course of your auto accident case, such as not providing the insurance company with a recorded statement without legal representation and refraining from social media use while your claim is unsettled.

Our Colorado Springs auto accident attorneys will gather information and evidence to demonstrate fault and establish liability for your damages. We build the most persuasive case possible, to help ensure the best outcome for you.

Negotiating with the Insurance Company

Once we have documented your claim, we submit the information along with a written demand to the insurance company. We negotiate with the insurer utilizing our decades of combined experience to help you get the compensation you deserve.

We protect your legal rights and demand that the insurer negotiates in good faith. If they refuse, we can discuss the option of filing a lawsuit in civil court and pursuing your case that way.

Handling All Communications

When you work with McCormick & Murphy in Colorado Springs, you won’t have to worry about dealing with the insurance company at all.

Your attorney will handle every aspect of communicating with the insurer, their attorneys, and any other parties involved in your case. You can relax and focus on your recovery while your attorney deals with the complex legal issues and the more mundane aspects of daily communication with insurers.

Providing Updates

The attorneys and legal staff of McCormick & Murphy P.C., always strive to provide an exceptional level of communication. We provide updates about your case so you never have to wonder what’s going on. If you have questions or need information, we are never more than a phone call, text, or email away.

As for timing, we recommend that contact an auto accident lawyer in Colorado Springs immediately after an accident. Evidence can disappear. Witnesses’ memories can fade. Insurance companies can take advantage of you. Therefore, the sooner you can get an attorney working on your case, the better. At McCormick & Murphy P.C., we are never more than a phone call away. You can contact us at any time, day or night, 365 days a year. We can meet with you wherever you are, or you can come to our office for a free consultation. We can even meet with you via phone or video conference.

At McCormick & Murphy P.C., we put our specialized knowledge and extensive resources to work for you. We have more than a half-century of combined experience. We understand how frightening and confusing this process can be. We go above and beyond to make the process as easy for you as possible.

When you need an exceptional auto accident attorney in Colorado Springs, you can call on us for help.

Contact a Colorado Springs Auto Accident Lawyer

Contact a Car Accident Attorney in Colorado Springs

If you’ve been injured in a car crash on I-25, Powers Boulevard, or any roadway in El Paso County, don’t delay seeking legal representation. The insurance companies have teams of adjusters and attorneys working to minimize your claim’s value, while you’re trying to recover from injuries and manage daily responsibilities.

The experienced car accident attorneys at McCormick & Murphy, P.C. offer free consultations at our office on West Colorado Avenue, just minutes from downtown Colorado Springs. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us at 719-389-0400 to schedule your consultation and begin the process of securing the compensation you deserve.

Colorado Springs Auto Accident Attorney Q&As

Auto Accident Lawyer Colorado Springs Q&As

Hiring a Colorado Springs hit-and-run accident lawyer is important for several reasons. Hit-and-run accidents can be incredibly challenging to navigate, especially when the at-fault driver flees the scene. First, an attempt to identify the driver who fled the scene should be attempted by an experienced attorney. If there is not enough evidence to identify the other driver, an experienced attorney can help you identify potential sources of compensation, such as uninsured motorist coverage through your own insurance company, and guide you through the legal process. Additionally, an experienced lawyer can assist in investigating the accident, gathering evidence, and advocating for your rights in court if necessary.

If you’ve been involved in a ride-sharing car accident in Colorado Springs, hiring an attorney with experience in this area of law is essential. Rides-haring accidents can involve complex liability issues, particularly regarding the driver’s employment status at the time of the crash, and the insurance coverage available. A skilled attorney can help you navigate these complexities, negotiate with insurance companies, and pursue fair compensation for your injuries and damages.

Some of the most common injuries resulting from car accidents in Colorado Springs include concussions, whiplash, soft tissue injuries, which can include stretching and tearing of muscles and tendons in the neck and back, spinal cord injuries, and traumatic brain injuries, among others. These injuries can range from minor to severe and may require extensive medical treatment and rehabilitation. It’s crucial to seek medical attention promptly after an accident and consult with an experienced car injury lawyer to understand your legal rights and options for pursuing compensation.

If you’ve been rear-ended in Colorado Springs, there are several steps you should take to protect your rights and interests. First, if you are physically able to, call the police and report the collision. You should not agree to simply exchange insurance and driver information with the other driver. Next, whether by ambulance or on your own, you should seek appropriate medical care as soon as is practical.

If you are physical able to, you should also take photos of the damage to your vehicle and the vehicle that crashed into you, as well as the surrounding intersection and any debris that may be on the street as a result of the crash.

Consult with an experienced car accident attorney because there may be other things that he can do on your behalf, such as obtaining witness
statements, gathering your medical records and helping process your claim for the damage done to your vehicle.

It’s generally advisable to hire a Colorado Springs car accident attorney as soon as possible after an accident, especially if you’ve suffered injuries or significant property damage. An attorney should be the only one to handle communication with insurance companies, gather evidence to support your claim and negotiate a fair settlement on your behalf. Additionally, they can advise you on your rights and options under Colorado law, including the statute of limitations for filing a personal injury lawsuit.

By the time you a claim is presented for compensation for your injuries, your attorney will have gathered your medical records, wage records if you have lost or will lose wages, obtained a copy of the Traffic Accident Report, property damage estimates photos and other evidence as a result of his investigation. After all of that is complete, and after consulting with you, your case can be properly evaluated, and your attorney will present a written demand to the insurance company. A negotiation process will likely occur from there, and if a fair settlement cannot be obtained, then your attorney will discuss the option of filing a lawsuit on your behalf. 

Hiring an experienced car accident attorney can significantly improve your chances of securing full and fair compensation for your injuries, medical expenses, lost wages, and other damages.

Determining fault in a car accident in Colorado Springs typically involves a thorough investigation of the circumstances surrounding the crash. Factors such as driver negligence, weather conditions, road hazards, and traffic violations may all contribute to determining fault. In rear-end collision cases, the presumption is often that the rear driver is at fault for failing to maintain a safe following distance or stop in time to avoid a collision. However, other factors, such as sudden stops or mechanical failures, may affect liability. Consulting with a car accident attorney can help you understand how fault is determined in your specific case.

We believe it is almost never advisable to speak with the at-fault driver’s insurance carrier without the benefit of having your attorney present with you or speaking to the insurance company on your behalf.

Insurance adjusters may try to minimize your claim or pressure you into accepting a low settlement offer. An attorney can help protect your rights and ensure you receive fair treatment and full compensation for your injuries and damages.

When hiring a car accident lawyer in Colorado Springs, several essential questions should be asked to ensure you choose the right attorney for your case. These may include inquiries about the attorney’s experience handling car accident cases, track record of success, fee structure, and approach to client communication and representation. Additionally, you may want to ask about the attorney’s familiarity with Colorado laws and procedures and their ability to handle your case effectively.

Social media can significantly impact personal injury claims in Colorado, as information posted online can be used as evidence in court. Insurance companies and defense attorneys often monitor social media accounts for any information that may undermine a claimant’s credibility or suggest that their injuries are less severe than claimed. This information is often taken out of context but can nevertheless be damaging. As such, it’s crucial to be cautious about what you post on social media following a car accident and to avoid discussing the incident or your injuries online. Additionally, consulting with a car accident attorney can help you understand how to protect your rights and interests in the digital age.

Auto Accident Lawyer Services

Being injured in a car accident in Colorado Springs can turn your life upside down. You’re likely facing overwhelming medical bills, lost income, and the daunting challenge of dealing with insurance companies whose primary goal is to minimize your claim. You need more than just legal advice; you need a dedicated Colorado Springs car accident lawyer who will stand by you, fight for your rights, and pursue the full compensation you deserve – not just what an insurance company wants to offer.

Since 1995, McCormick & Murphy, P.C., has been a steadfast advocate for accident victims across Colorado, including here in Colorado Springs. With over 60 years of combined legal experience between its founders, Kirk R. McCormick and James “Jay” Murphy, our firm understands the intricate dynamics of personal injury and insurance claims from every angle. The time after an accident is often filled with physical pain, emotional distress, and financial uncertainty. While you focus on healing, insurance adjusters may try to contact you with quick, low settlement offers, hoping you’ll agree before you fully understand the true value and long-term impact of your injuries. This is precisely when having a skilled legal advocate like McCormick & Murphy on your side becomes essential.

Why Legal Representation Matters After a Car Accident

Car accident cases can be far more intricate than they first appear. What might seem like a straightforward claim can quickly become complicated when insurance companies dispute who was at fault, question the seriousness of your injuries, or delay payments. Without proper legal representation, you risk accepting far less compensation than your case is truly worth.

The True Cost of Handling Your Claim Alone

Many accident victims mistakenly believe that being honest and cooperative with insurance companies will lead to fair treatment. Unfortunately, this approach often works against them. Insurance companies are businesses focused on protecting their profits, not ensuring you receive adequate compensation for your suffering.

Our founders, Kirk R. McCormick and James “Jay” Murphy, bring a unique perspective to the table. Mr. McCormick was previously a partner in the largest law firm in Colorado that focused on representing insurance companies, and Mr. Murphy also began his career in litigation defense, representing insurance companies and large corporations. They know how the other side thinks and operates, giving our clients a distinct advantage in negotiations and in court.

When you don’t have legal representation, insurance adjusters may:

  • Pressure you into giving recorded statements that could harm your case.
  • Rush you into accepting inadequate settlement offers.
  • Deny valid claims based on technicalities.
  • Delay payments, hoping you’ll become desperate and accept less.
  • Twist your own words to minimize their liability.

Specific Challenges in Car Accident Cases

Colorado follows a modified comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. Insurance companies frequently try to shift blame to accident victims to reduce their payout obligations. Without legal expertise, you may not know how to effectively counter these tactics.

Additionally, Colorado’s statute of limitations generally gives you three years from the date of your car accident to file a personal injury lawsuit. While this may seem like ample time, building a strong case requires immediate action to preserve evidence, interview witnesses, and thoroughly document your injuries.

Significant Changes Benefiting Colorado Car Accident Victims in 2025

Recent legal developments in Colorado have significantly improved the outlook for car accident victims. As of January 1, 2025, the state has substantially increased the caps on non-economic damages in personal injury cases. The previous limit of approximately $613,760 has been raised to as much as $1,500,000 for non-economic damages like pain and suffering. This change applies to civil actions filed on or after January 1, 2025.

This change is especially beneficial for victims with severe or permanent injuries. If you’ve suffered a traumatic brain injury, spinal cord damage, or other life-altering injuries, you may now be eligible for substantially higher compensation than would have been possible just a year ago.

What Higher Damage Caps Mean for Your Case

The increased damage caps mean that cases involving serious injuries now have the potential for much larger recoveries. This is particularly important for younger victims who face decades of living with their injuries. The new limits allow for compensation that better reflects the true magnitude of lifelong impacts.

For families dealing with catastrophic injuries, this change represents hope for financial stability during an incredibly difficult time. It means you can focus on healing and adapting to your new circumstances without the constant worry of how you’ll afford necessary medical care and support services.

Common Types of Car Accidents in Colorado Springs

Colorado Springs experiences various types of car accidents, each presenting unique legal considerations. Understanding these different scenarios can help you recognize the complexity of your situation and why professional legal assistance is so important. McCormick & Murphy, P.C. handles a wide range of personal injury cases, including:

Rear-End Collisions

Rear-end accidents are among the most common types of crashes in Colorado Springs. While they might seem straightforward, determining fault isn’t always simple. The rear driver is typically at fault, but exceptions exist when the front driver suddenly stops without reason or has non-functioning brake lights. These accidents often result in whiplash and other soft tissue injuries that may not be immediately apparent. Insurance companies frequently downplay these injuries, arguing they’re minor or pre-existing. A knowledgeable lawyer knows how to document these injuries properly and fight for appropriate compensation.

Intersection Accidents

Colorado Springs has many busy intersections where accidents frequently occur. These crashes often involve disputes over who had the right of way, making witness testimony and traffic camera footage essential evidence. Intersection accidents can be particularly severe due to the side-impact nature of many collisions. Determining fault in intersection accidents requires careful analysis of traffic signals, road conditions, and driver behavior. Insurance companies may try to claim shared fault to reduce their liability, making skilled legal representation vital for protecting your interests.

Head-On Collisions

Head-on collisions are among the most devastating types of car accidents. They often result in catastrophic injuries or fatalities due to the combined force of both vehicles. These accidents frequently occur when drivers cross the center line due to fatigue, distraction, or impairment. The severity of head-on collisions means that survivors often face extensive medical treatment, long-term rehabilitation, and permanent disabilities. With the new higher damage caps in Colorado, victims of these accidents may be eligible for significantly more compensation than in previous years.

Hit-and-Run Accidents

Hit-and-run accidents present unique challenges because the at-fault driver has fled the scene. However, you may still have options for compensation through your own insurance policy’s uninsured motorist coverage or through other liable parties. Law enforcement takes hit-and-run cases seriously, and many perpetrators are eventually caught. Even if the other driver is never found, an experienced lawyer can help you maximize your recovery through available insurance coverage and explore other potential sources of compensation.

Multi-Vehicle Accidents

When multiple vehicles are involved in an accident, determining fault becomes significantly more complex. Each driver’s insurance company will try to minimize their client’s liability while maximizing others’ responsibility. These cases often require accident reconstruction experts and detailed analysis of the sequence of events. Multi-vehicle accidents can result in multiple insurance claims and potential lawsuits. Having an experienced lawyer coordinate these various proceedings ensures that your interests are protected throughout the process.

Beyond car accidents, McCormick & Murphy, P.C. also has extensive experience with truck accidents, motorcycle accidents, dog bites, slip-and-fall incidents, wrongful death claims, and wrongful denial of insurance benefit claims. This broad expertise ensures we can handle the full spectrum of personal injury cases.

Understanding Colorado's Car Accident Laws

Colorado’s traffic laws and insurance requirements create a specific legal framework that affects your car accident claim. Understanding these laws is important for maximizing your compensation and avoiding common pitfalls.

Colorado’s At-Fault Insurance System

Colorado operates under an at-fault insurance system, meaning the driver who caused the accident is responsible for damages. This system allows you to file a claim against the at-fault driver’s insurance company or pursue a personal injury lawsuit if necessary. However, proving fault isn’t always straightforward. Insurance companies have teams of investigators and lawyers working to minimize their liability. They may argue that road conditions, vehicle defects, or your own actions contributed to the accident.

Modified Comparative Negligence Rule

Colorado follows a modified comparative negligence rule, which can significantly impact your compensation. Under this rule, your damages are reduced by your percentage of fault, but you can still recover compensation as long as you’re less than 50% at fault. For example, if you’re found 20% at fault for an accident and your damages total $100,000, you would receive $80,000. Insurance companies often try to inflate your percentage of fault to reduce their payout, making skilled legal representation essential for protecting your interests.

Minimum Insurance Requirements

Colorado requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 for property damage. Unfortunately, these minimum amounts are often inadequate for serious accidents. When the at-fault driver has insufficient insurance, you may need to rely on your own uninsured/underinsured motorist coverage. An experienced lawyer can help you understand all available sources of compensation and maximize your recovery.

Statute of Limitations

Colorado’s statute of limitations generally gives you three years from the date of your car accident to file a personal injury lawsuit. While this might seem like plenty of time, waiting too long can hurt your case. Evidence disappears, witnesses’ memories fade, and medical records become harder to obtain. Starting the legal process early doesn’t mean you have to file a lawsuit immediately. Most cases are resolved through negotiation with insurance companies. However, having a lawyer involved from the beginning ensures that your rights are protected and that you’re building the strongest possible case.

Types of Injuries in Car Accidents

Car accidents can cause a wide range of injuries, from minor cuts and bruises to life-threatening trauma. Understanding the types of injuries commonly seen in car accidents helps illustrate why proper legal representation is so important for securing adequate compensation.

Traumatic Brain Injuries (TBIs)

TBIs are among the most serious consequences of car accidents. They can occur even in seemingly minor crashes when the brain is jolted inside the skull. TBIs can have lasting effects on cognitive function, personality, and quality of life. Symptoms of brain injuries aren’t always immediately apparent. You might feel fine initially, only to develop problems with memory, concentration, or emotional regulation weeks or months later. Insurance companies often try to argue that delayed symptoms aren’t related to the accident, making medical documentation and expert testimony essential. With Colorado’s new higher damage caps, TBI victims may now be eligible for compensation that better reflects the true cost of their injuries, including medical expenses, lost earning capacity, ongoing care, and profound impact on quality of life.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, fundamentally changing every aspect of a victim’s life. These injuries require extensive medical treatment, rehabilitation, and often lifelong care. The financial impact extends far beyond initial medical bills to include home modifications, specialized equipment, and ongoing attendant care. The new damage caps in Colorado are particularly significant for spinal cord injury victims. The increased limits for non-economic damages mean that compensation can better account for the pain, suffering, and loss of life’s enjoyments that these injuries cause.

Whiplash and Soft Tissue Injuries

Whiplash and other soft tissue injuries are common in car accidents, particularly rear-end collisions. While these injuries might not be life-threatening, they can cause significant pain and disability. Many victims experience chronic pain, headaches, and reduced range of motion that can last for months or years. Insurance companies often downplay soft tissue injuries, claiming they’re minor or temporary. They may pressure victims to settle quickly before the full extent of their injuries becomes apparent. An experienced lawyer knows how to properly document these injuries and fight for fair compensation.

Broken Bones and Fractures

Car accidents frequently cause broken bones and fractures, which can range from simple breaks that heal completely to complex fractures requiring multiple surgeries. Some fractures result in permanent limitations or chronic pain that affects a victim’s ability to work and enjoy life. The location and severity of fractures can significantly impact compensation. A broken wrist might heal with minimal long-term effects, while a shattered pelvis could require years of treatment and result in permanent disability.

Internal Injuries

The force of a car accident can cause internal injuries that aren’t immediately visible. These might include damage to organs, internal bleeding, or injuries to the chest and abdomen. Internal injuries can be life-threatening and often require emergency surgery and extended hospitalization. Because internal injuries aren’t always apparent immediately after an accident, it’s essential to seek medical attention even if you feel fine. Delayed diagnosis can be dangerous and may also complicate your legal case if insurance companies argue that your injuries weren’t caused by the accident.

Psychological Trauma

Car accidents can cause significant psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. These mental health impacts are real injuries that deserve compensation, but they’re often overlooked or minimized by insurance companies. Psychological trauma can affect your ability to drive, work, and maintain relationships. It may require ongoing therapy and medication. With Colorado’s increased damage caps, victims may now receive more appropriate compensation for these often-invisible injuries.

What to Do After a Car Accident: Protecting Your Rights

The actions you take immediately after a car accident can significantly impact your ability to recover compensation. While your first priority should always be getting medical attention for any injuries, there are important steps you should take to protect your legal rights.

Immediate Steps at the Scene

If you’re able to do so safely, there are several important steps to take at the accident scene:

  • Check for Injuries & Call 911: If anyone needs medical attention, call 911 immediately. Even if injuries seem minor, it’s often wise to have paramedics evaluate everyone involved.
  • Call the Police: Report the accident, even if it seems minor. A police report provides an official record and can be important evidence. The responding officer will document the scene, interview witnesses, and may issue citations.
  • Take Photos: If safe, take photos of the accident scene, including vehicle damage, car positions, skid marks, traffic signals, and road conditions. Also photograph any visible injuries. These photos can be valuable evidence.
  • Exchange Information: Get names, contact information, insurance companies, and policy numbers from the other driver. If there are witnesses, get their contact information too. Their testimony could be essential.

Seeking Medical Attention

Even if you feel fine immediately after the accident, it’s important to seek medical attention promptly. Adrenaline and shock can mask pain and symptoms, and some injuries don’t become apparent until hours or days later.

  • Document Everything: Keep detailed records of all medical treatment related to your accident – ER visits, doctor appointments, physical therapy, medications. These records are essential for proving your injuries and calculating your damages.
  • Follow Doctor’s Orders: Follow your doctor’s treatment recommendations carefully. Insurance companies may argue that you weren’t seriously injured if you skip appointments or don’t follow prescribed treatment plans. Your health should be your top priority, and consistent medical care also strengthens your legal case.

Dealing with Insurance Companies

You’ll likely hear from insurance companies soon after your accident. While you need to report the accident to your own insurance company, be careful about what you say to the other driver’s insurer. Insurance adjusters are trained to ask questions that might hurt your case.

  • Avoid Recorded Statements: Do not give recorded statements to the other driver’s insurance company without first consulting with a lawyer. These statements can be taken out of context and used against you. It’s perfectly acceptable to tell them you are receiving medical treatment and will provide information through your attorney.
  • Don’t Accept Quick Offers: Avoid accepting quick settlement offers. These early offers are often far below what your case is actually worth. Once you accept a settlement, you typically can’t pursue additional compensation, even if you discover more serious injuries later.

Documenting Your Injuries and Losses

Keep detailed records of how your injuries affect your daily life.

  • Journal Your Experience: This might include a journal documenting your pain levels, limitations, and emotional state. Note activities you can no longer perform or that have become difficult.
  • Save Receipts: Save all receipts related to your accident, including medical bills, prescription costs, and transportation expenses for medical appointments. If you’ve had to hire help for household tasks, keep records of these expenses.
  • Document Lost Wages: If you’ve missed work, obtain documentation from your employer showing lost wages. This should include not just time you’ve already missed, but also any future time off that may be necessary.

How McCormick & Murphy, P.C. Can Help You

An experienced Colorado Springs car accident lawyer from McCormick & Murphy, P.C., provides invaluable assistance throughout the legal process. From the initial investigation through final settlement or trial, having skilled legal representation can make the difference between a fair recovery and being taken advantage of by insurance companies.

Immediate Case Investigation

We begin investigating your case immediately, while evidence is still fresh and available. This includes:

  • Visiting the accident scene and photographing relevant conditions.
  • Identifying and interviewing potential witnesses.
  • Working with accident reconstruction experts if needed to determine how the accident occurred.
  • Reviewing the police report for accuracy and addressing any errors.

Handling All Insurance Communications

Once you have legal representation, we handle all communications with insurance companies. This protects you from saying anything that could be used against you and ensures your rights are protected.

  • We know the tactics insurance companies use to minimize claims and can counter these strategies effectively, leveraging our founders’ prior experience representing insurance companies.
  • We understand the true value of your case and won’t be swayed by lowball offers or pressure tactics.
  • We ensure you don’t settle until you’ve reached maximum medical improvement and the full impact of your injuries is known.

Calculating Your Full Damages

Determining the full value of your car accident claim requires careful analysis of both economic and non-economic damages.

  • Economic Damages: These include medical expenses, lost wages, and property damage – costs that can be calculated with precision. We ensure all current and future expenses are accounted for, including ongoing therapy, future surgeries, and long-term care needs.
  • Non-Economic Damages: These are more subjective but equally important, covering pain and suffering, emotional distress, and loss of enjoyment of life. With Colorado’s new higher damage caps (up to $1,500,000 as of Jan 1, 2025), these non-economic damages can now represent a much larger portion of your total compensation, especially for severe injuries.
  • We work with medical experts, economists, and other professionals to calculate the true, complete value of your claim.

Negotiating for Maximum Compensation

Most car accident cases are resolved through negotiation rather than trial. However, successful negotiation requires skill, experience, and leverage. Insurance companies are more likely to make fair offers when they know you have competent legal representation.

  • We present your case in the most compelling way possible, using medical records, expert testimony, and other evidence to demonstrate the full impact of your injuries.
  • We counter the insurance company’s arguments and push for maximum compensation.
  • If the insurance company refuses to make a reasonable offer, we are prepared to file a lawsuit and prepare for trial. Our founders, Kirk McCormick and Jay Murphy, have a proven record of trying many cases to juries with successful results. Often, the mere threat of litigation is enough to motivate insurance companies to increase their settlement offers.

Preparing Your Case for Trial

While most cases settle out of court, some require trial to achieve fair compensation. If your case goes to trial, you’ll want an experienced litigator who knows how to present your case effectively to a jury.

  • We handle all aspects of trial preparation, including gathering and organizing evidence, preparing witnesses, and developing a clear narrative that helps jurors understand the impact of your injuries.
  • We prepare you for your testimony and explain what to expect during trial.
  • Our experience in the local legal community, with offices in Colorado Springs, Pueblo, and Denver, means we understand local procedures and can anticipate opposing counsel’s strategies.

Types of Compensation You May Be Entitled To

Car accident victims in Colorado may be entitled to various types of compensation, depending on the circumstances of their accident and the severity of their injuries. We work to maximize each category of damages for you.

Medical Expenses

This includes all costs related to treating your injuries, from emergency room visits to ongoing rehabilitation. We ensure your compensation includes not just past medical expenses, but also future medical costs, medical equipment, home modifications, and transportation costs for appointments.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you’re entitled to compensation for lost wages. This includes time you’ve already missed and future lost earnings if your injuries affect your ability to work long-term. We calculate this by considering your age, education, work history, and the specific limitations caused by your injuries.

Pain and Suffering

These damages compensate you for the physical pain and emotional distress caused by your injuries. With Colorado’s new higher damage caps (up to $1,500,000 for non-economic damages), pain and suffering damages can now be much more substantial, reaching up to $1,500,000 for severe injuries. This includes current and future pain, as well as the emotional impact like anxiety, depression, and frustration.

Loss of Enjoyment of Life

This compensates you for activities and pleasures you can no longer participate in due to your injuries, such as sports, hobbies, travel, or simply playing with your children. These damages recognize that life is about more than just working and paying bills. For younger victims, these damages can better reflect the true impact of losing life’s pleasures over decades.

Property Damage

Compensation covers the cost of repairing or replacing your vehicle and any other property damaged. If your vehicle is declared a total loss, you’re entitled to its fair market value just before the accident. We help ensure you receive fair compensation for your vehicle and any personal items damaged in the crash.

Punitive Damages

In rare cases involving particularly egregious conduct, punitive damages may be available. These damages are designed to punish the at-fault party and deter similar behavior in the future, such as in cases involving drunk driving or other reckless behavior.

Overcoming Common Challenges in Car Accident Cases

Car accident cases can present various challenges that make professional legal representation essential. Understanding these potential obstacles helps illustrate why trying to handle your case alone is often a mistake.

Disputed Fault

Even when you believe the other driver was clearly at fault, their insurance company may argue otherwise, claiming you were speeding, distracted, or contributed to the accident. We gather evidence, obtain expert testimony, and use our legal skill to prove the other driver was responsible and minimize any assigned fault on your part.

Pre-existing Conditions

If you had any health problems before your accident, insurance companies will try to argue that your current symptoms are related to pre-existing conditions, even if the accident made them worse. We work with medical experts to demonstrate the difference between your pre-accident condition and your current symptoms, proving how the accident aggravated your health.

Delayed Symptoms

Some injuries don’t become apparent immediately after an accident. You might feel fine initially, only to develop pain, headaches, or other symptoms days or weeks later. Insurance companies often argue that delayed symptoms aren’t related to the accident. We help establish the connection between your symptoms and the accident through proper medical documentation and expert medical opinions.

Inadequate Insurance Coverage

Many drivers carry only minimum insurance coverage, which is often insufficient for serious accidents. If the at-fault driver doesn’t have enough insurance, we explore all potential sources of compensation, including your own uninsured/underinsured motorist coverage, health insurance, disability benefits, and other potentially liable parties, to maximize your recovery.

Statute of Limitations Issues

While Colorado gives you three years to file a lawsuit for car accidents, waiting too long can hurt your case. Evidence disappears, witnesses become unavailable, and medical records become harder to obtain. We ensure all deadlines are met and your case is filed timely if litigation becomes necessary, protecting your ability to pursue compensation.

The Legal Process: Your Path to Recovery

Understanding the legal process helps reduce anxiety and allows you to make informed decisions about your case. While every case is unique, most car accident claims follow a similar pattern from initial consultation through final resolution. We will guide you every step of the way.

1. Initial Consultation and Case Evaluation

Your journey begins with a free, confidential consultation where you’ll discuss your accident and injuries with our legal team. We’ll evaluate your case, explain your legal options, and give you an honest assessment of your chances of success. This is your opportunity to ask questions without any financial commitment.

2. Thorough Investigation and Evidence Gathering

Once you choose us, we immediately begin a thorough investigation. This includes:

  • Preserving and collecting all available evidence.
  • Interviewing witnesses.
  • Working with experts to build the strongest possible case.
  • Obtaining all relevant medical records and consulting with your doctors to understand the full extent of your injuries and prognosis.

3. Demand Letter and Initial Negotiations

Once we have sufficient evidence and you’ve reached maximum medical improvement, we send a detailed demand letter to the insurance company. This letter outlines your case, explains the at-fault party’s liability, and demands specific compensation for your damages. This is often the first formal step in settlement negotiations.

4. Focused Settlement Negotiations

Most car accident cases are resolved through settlement negotiations. We skillfully present evidence, counter the insurance company’s arguments, and push for maximum compensation on your behalf. We will advise you on every offer, ensuring you make informed decisions.

5. Filing a Lawsuit (If Necessary)

If settlement negotiations do not result in a fair offer, we may recommend filing a lawsuit. This often motivates insurance companies to increase their offers, and many cases settle even after litigation begins. We handle all aspects of the lawsuit process, including discovery (exchanging information and evidence) and depositions (questioning witnesses under oath).

6. Trial Preparation and Resolution

Should your case proceed to trial, we will meticulously prepare your case, organize evidence, prepare witnesses, and develop a compelling strategy to present to a jury. We will prepare you thoroughly for your testimony and explain what to expect. Our goal is to achieve the best possible outcome for you, whether through settlement or a verdict.

Choosing McCormick & Murphy, P.C. as Your Colorado Springs Car Accident Lawyer

Selecting the right lawyer for your car accident case is one of the most important decisions you’ll make. The lawyer you choose will have a significant impact on both the outcome of your case and your experience throughout the legal process.

Proven Experience and Track Record

Look for a lawyer who has extensive experience specifically handling car accident cases. At McCormick & Murphy, P.C., we have been serving Colorado since 1995. Our founders, Kirk R. McCormick and James “Jay” Murphy, have nearly 75 years of combined experience in personal injury and insurance bad faith law. We focus on this area and have a proven track record of achieving successful outcomes for clients with injuries similar to yours, recovering millions of dollars for our Colorado clients over the decades. We can discuss our recent results, including cases where juries awarded over $400,000.00 or even $900,000.00, giving you confidence in our ability to handle your case effectively.

Dedicated Resources and Support

Car accident cases require significant resources, including access to medical experts, accident reconstruction specialists, and other professionals. Our firm has the resources necessary to build a strong case on your behalf. You will work directly with our experienced legal team, supported by skilled paralegals and assistants, ensuring personal attention to your case. We can often advance all costs associated with your case, including expert witness fees and court costs, alleviating your financial burden.

Clear Communication and Compassion

We believe in clear, open communication. You should feel that your lawyer listens to your concerns and explains every step in terms you understand. We keep you informed with regular updates and are always available to answer your questions. Our friendly and helpful staff are here to support you, making the legal process less stressful. Our client testimonials reflect our commitment to responsive and helpful service.

Transparent Fee Structure

Like most reputable car accident lawyers in Colorado, we work on a contingency fee basis. This means you only pay attorney fees if we recover compensation for you. We will clearly explain our percentage and outline any expenses, ensuring you fully understand the financial aspects of your case before signing any agreement.

Local Knowledge and Strong Reputation

Choose a lawyer familiar with the local legal community in Colorado Springs. With offices in Colorado Springs, Pueblo, and Denver, our local presence means we know the judges, opposing counsel, and court procedures, which can be a distinct advantage for your case. Our strong reputation in the community ensures that insurance companies and opposing counsel take your case seriously, often leading to better settlement offers and more favorable treatment. Our founders’ experience having previously represented insurance companies provides an unparalleled insight into their strategies.

Frequently Asked Questions

Understanding common questions about car accident cases can help you make informed decisions about your situation. Here are answers to some of the most frequently asked questions about car accident claims in Colorado Springs.

How Much Is My Car Accident Case Worth?

The value of your car accident case depends on many factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. With Colorado’s new higher damage caps (up to $1,500,000 for non-economic damages as of Jan 1, 2025), cases involving serious injuries may now be worth significantly more. We will help you understand the potential value of your specific case and fight for every dollar you deserve.

How Long Will My Case Take?

The timeline for car accident cases varies significantly. Simple cases with minor injuries might resolve in a few months, while complex cases involving serious injuries could take a year or more. We generally advise against settling your case until you’ve reached maximum medical improvement to ensure all your damages are accounted for. Most cases settle out of court, often during negotiations or after a lawsuit is filed.

What If I Was Partially at Fault?

Colorado’s modified comparative negligence rule means you can still recover compensation even if you were partially at fault for the accident, as long as you were less than 50% responsible. Your compensation will be reduced by your percentage of fault. We will help counter arguments from insurance companies trying to exaggerate your fault and minimize your assigned percentage.

Should I Accept the Insurance Company’s First Offer?

Insurance companies almost always make low initial offers, hoping you’ll accept quickly before you understand the full value of your case. These offers rarely account for the full extent of your damages, especially future medical expenses and non-economic damages. Once you accept a settlement, you typically cannot pursue additional compensation. It is almost always in your best interest to have a lawyer evaluate any settlement offer before you accept it.

What If the Other Driver Doesn’t Have Insurance?

If the other driver doesn’t have insurance or doesn’t have enough to cover your damages, you may still have options. Your own uninsured/underinsured motorist coverage can help fill the gap. We can also explore other potential sources of compensation, such as your health insurance or disability benefits, and identify any other parties who might share liability.

Do I Really Need a Lawyer?

While you’re not required to hire a lawyer, having professional legal representation significantly increases your chances of receiving fair compensation. Insurance companies take cases more seriously when you have competent legal representation. Lawyers understand the true value of your case and know how to counter the tactics insurance companies use to minimize claims. Given that most car accident lawyers work on contingency fees, you don’t pay unless we recover compensation.

Why Acting Quickly is Important for Your Car Accident Case

Acting promptly after a car accident is essential for protecting your legal rights and building the strongest possible case. While Colorado generally gives you three years to file a lawsuit for car accidents, waiting too long can significantly hurt your chances of success.

Evidence Preservation

Evidence starts to disappear immediately after an accident. Security camera footage is often erased quickly, witnesses may move or forget details, and physical evidence at the accident scene can be disturbed or destroyed. The sooner you contact us, the better we can preserve all evidence helpful to your case.

Medical Documentation

Seeking prompt medical attention is important for your health and your legal case. Gaps in medical treatment can be used by insurance companies to argue that your injuries weren’t serious or weren’t caused by the accident. We need complete medical records to build a strong case and establish the connection between your accident and your injuries.

Witness Availability

Witnesses can provide valuable testimony, but they can be difficult to locate if you wait too long. People move, change numbers, and forget details. We need to interview witnesses while their memories are fresh and while they are still available to provide testimony.

Countering Insurance Company Tactics

Insurance companies often use delay tactics to pressure accident victims into accepting inadequate settlements. They know that individuals facing medical bills and lost wages may become desperate. Having a lawyer involved early protects you from these tactics and ensures your rights are protected throughout the claims process.

Take Action Today: Your Path to Fair Compensation

If you’ve been injured in a car accident in Colorado Springs, you don’t have to face the insurance companies alone. Every day you wait is another day for evidence to disappear and for insurance companies to build their case against you.

The legal landscape has changed in your favor with Colorado’s new higher damage caps. If you’ve suffered serious injuries, you may now be eligible for significantly more compensation than would have been possible just a year ago. However, these increased limits only benefit you if you have skilled legal representation to fight for maximum compensation.

Don’t let insurance companies take advantage of you during this difficult time. You deserve compensation that reflects the true impact of your injuries on your life, not just what the insurance company wants to pay.

Your Free Consultation Awaits

McCormick & Murphy, P.C., offers free consultations for all car accident cases, and you won’t pay any attorney fees unless we recover compensation for you. During your consultation, we’ll evaluate your case, explain your legal options, and give you an honest assessment of your chances of success. This is your opportunity to ask questions without any financial commitment.

This consultation is completely confidential and carries no obligation. You’ll gain professional legal advice about your case without any financial commitment. We’ll also explain how the new damage caps might affect your specific situation and what you can expect throughout the legal process.

Don’t wait another day to protect your rights. The sooner you contact us, the better we can preserve evidence and build a strong case on your behalf. Insurance companies are already working to minimize your claim – you need experienced legal representation working just as hard to maximize your compensation.

Call McCormick & Murphy, P.C. Now for Immediate Help

Time is important in car accident cases. Evidence disappears, witnesses become unavailable, and insurance companies use delay tactics to pressure victims into accepting inadequate settlements. The sooner you contact us, the better we can protect your interests and fight for the compensation you deserve.

We understand that dealing with a car accident is overwhelming, especially when you’re trying to recover from injuries. Let us handle the legal aspects of your case so you can focus on healing and getting your life back. We’ll fight for maximum compensation while treating you with the compassion and respect you deserve during this difficult time.

Your future depends on the decisions you make today. Don’t let insurance companies take advantage of you when you’re vulnerable. Contact us now for your free consultation and take the first step toward getting the compensation you deserve.