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Understanding the Role of Accident Reconstructionist in Car Accident Cases

Accident Reconstructionists

Understanding The Role Of Accident Reconstructionists In Car Accident Cases

If you’ve been in a car crash due to someone else’s negligence, it is important to seek legal representation. An experienced and seasoned car accident lawyer will review your case and carry out an in-depth investigation for evidence collection and to get the compensation you deserve. However, in some intricate cases where obtaining evidence is challenging and recollection of specific accident details problematic, the best step forward is to collaborate with accident reconstructionists. 

This collaboration between adept reconstruction specialists and a seasoned lawyer helps speed up evidence collection and unravel crucial facts. Furthermore, it provides expert testimony that strengthens the evidence presented in your compensation case. Let’s dive deeper to understand the indispensable role of accident reconstructionists in car accident cases.

Accident Scene Analysis

Accident scenes are chaotic landscapes that require a discerning eye for detail. These experts systematically survey and, accordingly, document the site of the car accident. They  carefully note the smallest of details, including:

  • Skid marks
  • Debris patterns
  • Even the position of the vehicles involved in the crash

All this helps form the foundation for the intricate process of sequence reconstruction and how the event actually occurred. Moreover, it assists in establishing liability and assessing the severity of the collision.

Leverage Newest Technology For Case Investigation

Reconstruction specialists use state-of-the-art and latest technologies such as 3D modeling software, black box data, and drone cams to recreate the accident with unparalleled accuracy. These technologies help establish a comprehensive view of the case.

Establishing Causation and Liability

Accident reconstruction specialists serve as expert witnesses, presenting their findings in court to help establish causation plus liability. Their testimony is valuable in helping the jury and the judge understand case intricacies, particularly in disputes over fault.

These specialists discern all pertinent contributing elements, encompassing aspects such as driver behavior, road conditions, and mechanical failures. They aim to meticulously establish a clear causal chain, elucidating how specific actions and contributing factors interplayed to precipitate the accident.

Wrapping Up

Undoubtedly, by pinpointing the sequence of events culminating in the severe collision, the task of ascertaining responsibility for ensuing damages and injuries becomes more straightforward. By incorporating the nuanced details and technical expertise provided by reconstructionists, attorneys can strategically position their cases, whether it be during negotiations for a settlement or in the courtroom. The enhancement of the legal strategy is not merely about presenting facts; it’s about presenting them in a way that resonates persuasively with judges, juries, and opposing parties. At McCormick & Murphy, we specialize in car accidents. Our experienced attorneys can provide quality representation and step-by-step guidance tailored to your case. Call us at (719) 800-9407 for a free case evaluation with our skilled car accident attorney in Colorado.

Top 4 Sites That Pose the Greatest Risk of Slip & Fall Accidents in Colorado

Slip and fall accident

Top 4 Sites That Pose The Greatest Risk Of Slip & Fall Accidents In Colorado

This is alarming. Do you know that according to the National Floor Safety Institute, approximately 1 million ER visits in the US are because of slip and fall accidents? 20Twenty percent of the fall accidents lead to severe injuries. These may include neck injuries, bone fractures, TBIs, and spinal cord injuries. Some accidents may result in a life-long disability and even death. In such a situation, it is best to get in touch with an experienced and trusted premises injury lawyer in Colorado. Though nothing can compensate for the pain and death of a loved one, it can at least provide you with the justice and closure needed to move forward with life.

So, if you’re wondering what are the places that pose the greatest risk of slip and fall accidents in Colorado, then read on to find out.

Top 4 Sites That Pose the Greatest Risk of Slip & Fall Accidents

1. Parking Lots- Tread Lightly, Park Safely

A parking lot may be seemingly mundane, but it can become highly dangerous if it isn’t maintained. Such a lot can exhibit signs of wear, such as broken potholes, cracks, and uneven surfaces. All these aspects pose a high risk of slip and fall accidents, causing injuries to people.

Therefore, property owners must uphold their duty to maintain safe conditions in their lots throughout the year to minimize the risk of slip-and-fall injuries and accidents. 

2. Escalators and Elevators: Ascend with Care

Moving between floors is a daily routine for many, whether it’s in office buildings, shopping malls, or residential complexes. Though elevators and escalators are convenient, they can become hotspots for slip-and-fall accidents if they are not maintained properly. Sadly, spilled liquids and malfunctioning elevators and escalators can quickly turn a routine ride into a hazardous experience.

Indeed, according to the law, owners have the duty of care towards the public to ensure the transit equipment and systems are inspected and maintained regularly.

3. Grocery Stores- Aisle by Aisle, Step by Step

Navigating the aisles of grocery stores or retail outlets is a routine task for many Coloradans. However, the very aisles meant to make shopping convenient can become zones of peril. Spills from broken products, leaks from refrigeration units, or even misplaced merchandise can turn a shopping trip into a legal battleground. Retailers must prioritize regular inspections and prompt cleanup of any potential hazards.

4. Restaurants: Savor the Experience, Mind the Floor

Restaurants offer diverse culinary experiences. However, the ambiance and enjoyment of these establishments can be overshadowed by the risk of slip-and-fall accidents. Spills, condensation, and uneven flooring are common culprits that can turn a delightful evening into a painful memory.

Wrapping Up

Slips and falls can bring your life to a standstill. These accidents can cause serious injuries that can lead to a long recovery time and great financial burden related to treatment fees and lost income. So, if you or a loved one or you have suffered from injuries in a terrible slip and fall accident due to someone else’s carelessness or negligence, then contact our seasoned premises injury lawyer in Colorado. You can call us at (719) 419-8510 today for your free consultation. We specialize in slip and fall accidents. At McCormick & Murphy, P.C., we have 50 years of collective legal experience and proven expertise in getting clients fair compensation and justice. We can help you cope with this challenging time with a smile and get back on the path to recovery with financial stability.

Guide to the Elements of a Negligence Claim (With Examples)

Guide To The Elements Of A Negligence Claim (With Examples)

If you do not know the meaning of negligence, you are not alone. Negligence is a legal term that generally means someone failed to act with the level of care that a reasonable person would have shown in the same or similar situation. The basic elements of a negligence claim include: (1) duty, (2) breach, (3) causation, and (4) damages. The elements of a negligence claim are discussed in more detail below.

If you suffered injuries in an accident, you should contact an attorney right away. Our team of Colorado personal injury attorneys at McCormick & Murphy, P.C. has over 50 years of combined legal experience representing injured victims. We understand the challenges that our clients and their families face in the aftermath of an accident. Let us guide your case through the legal process while you focus on healing from your injuries.

Contact our office online or call (719) 309-4202 today to start your free consultation.

First Element of a Negligence Claim: Duty

First, a plaintiff will need to show that the at-fault party owed you a legal duty. For example, motorists using public roads owe a duty of care to every other person using the road to act in a reasonably safe manner.

For example, a driver needs to keep a safe distance behind the car in front so that he or she has enough time to safely stop behind that car. Additionally, property owners owe a duty of care to individuals who visit their property to keep the premises free from dangerous conditions or provide adequate warnings. Although duty may seem like one of the easier elements of a negligence claim, you need to show all four elements to prevail.

Second Element of Negligence Claim: Breach

The first and second elements of negligence typically go hand in hand. After you determine that the at-fault party owed you a legal duty, you must prove that they breached that duty. Someone breaches their legal duty when they fail to act as a reasonable person would have acted in the same or similar circumstances.

For example, if a motorist operates their vehicle under the influence of alcohol and causes a a collision as a result, they breach their legal duty to other motorists on the road. Many traffic law violations can constitute a breach of a motorist’s duty of care. If a traffic violation was the result of the collision, this is known as “negligence per se”.

Third Element of Negligence Claim: Causation

In personal injury cases, the person liable for your damages is the one who caused the personal injury accident. This is referred to as causation. To establish this element, you need to show that the at-fault party’s negligence was the cause of the accident that resulted in your injuries. In other words, you need to show a connection between the at-fault party’s breach of their legal duty and the injuries you suffered in the accident

Many at-fault parties try to attack this element of your negligence analysis by that your injuries were not caused by the collision. 

An attorney can help you gather evidence to prove that the other driver’s negligence caused your accident and resulting injuries.

Fourth Element of Negligence Claim: Damages

Finally, you cannot recover under the theory of negligence if you do not incur any damages in the accident. Damages can arise in many forms, from medical bills and lost wages to compensation for your pain and suffering. 

Other forms of damages you may incur as a result of your accident include:

  • Loss of future earning capacity,
  • Costs of repairs,
  • Loss of enjoyment of life,
  • Mental anguish,
  • Loss of consortium, and
  • Permanent physical impairment.

How Can an Attorney Help Prove the 4 Elements of Negligence?

With decades of experience representing injured victims, our attorneys know the ins and outs of proving a negligence claim. We will collect whatever information is necessary to help ensure that you demonstrate the existence of all four elements.

If you or a loved one suffered injuries in a personal injury accident, contact our office online or call (719) 309-4202 right away for a free consultation.

We look forward to helping you.

Seven Common Car Accident Spine Injuries

Seven Common Car Accident Spine Injuries

Even the most cautious driver can’t always avoid a car accident. If you’re lucky, your accident may only result in minor damage to your car. More severe accidents can be frightening and life-changing—especially when they leave you injured. If you suffered a spine injury from a car accident, you might be overwhelmed by the disruption and trauma your injury has caused to your daily life. 

In Colorado, the law entitles you to recover compensation from the party that caused your injuries. Hiring an experienced Colorado auto accident attorney who understands the complexity of personal injury law increases the likelihood of getting what you deserve.

For a free consultation, please don’t hesitate to call (719) 309-4202 or send us an online message today.

Common Types of Auto Accident Spine Injuries

Here are some of the most common spine injuries sustained by car accident victims

Whiplash Injuries

Whiplash is one of the most common spine injuries from car accidents. When a person’s body experiences a sudden jolt due to rapid deceleration or acceleration, or both, whiplash may occur. Although whiplash usually occurs in the neck, it’s also not uncommon for injured victims to feel whiplash anywhere in their spine.

A car accident spine injury like whiplash stretches the muscles, tendons, and ligaments in spinal areas, leading to pain and lack of mobility. If if the trauma is severe enough, it can result in tears to the muscles, tendons and ligaments. These injuries often result in permanent residual effects.

Herniated and Ruptured Discs

The fibrous shock absorbing like discs between your vertebrae protect your spinal column and keep the vertebrae from rubbing together. When you suffer a spine injury from a car accident, these discs may rupture, tear, or shift, causing pain throughout your entire body. If the disc ruptures enough, it can herniate out to the fibrous exterior and press directly up against spinal nerves that run throughout the spine, causing extreme pain.

Spinal Fractures and Spondylolisthesis

When your body jerks roughly from side to side or forward to backward, this movement may cause a compression fracture in your spine. Compression fractures cause spondylolisthesis, where fractured vertebrae shift or place pressure on the spinal column. This type of car accident spinal cord injury might cause pain and numbness in various body areas and bladder control issues.

Spinal Cord Injuries

Spinal cord injuries can be especially catastrophic, as they may result in long-term or permanent disabilities, including paralysis.

Facet Joint Injuries

Facet joints represent the connections between the bones of the spine. Our nerve roots pass through these joints throughout the spine.. When damaged, this type of spine injury from car accidents can cause pain to all body parts and arthritis-like stiffness. 

Thoracic Spine Injuries

The thoracic spine is located in your mid-back, at a similar level to your lungs. Thoracic spine injuries can be particularly severe and difficult to treat.

Lumbar Spine Injuries

The lumbar spine is the lower part of your back. A spinal cord lumbar injury more commonly occurs after high-speed collisions. These can also be very painful, be difficult to treat, and can result in permanent impairment and surgery.

If you suffered a car accident spine injury, it’s crucial to seek immediate and appropriate medical attention. 

What Should You Do After a Car Accident? 

It may be difficult to remember what to do immediately after a car accident. Rarely do people have the clarity of mind to take all of the following steps. 

However, these tasks help protect your rights if you file a personal injury lawsuit against the responsible party. 

  • Seek medical attention—seek prompt medical attention. Some injuries may not become apparent until days or weeks after an accident.
  • Contact an attorney—It’s never too soon to contact a personal injury attorney to discuss the facts of your case, and to protect you from the other driver’s insurance company.
  • Call law enforcement—Reporting law enforcement officials will create an accident report detailing unbiased third-party observations about the accident. These reports are valuable sources of information for attorneys and insurance companies.
  • Gather evidence—If you are able to, gather relevant evidence, including photographs, contact information, and other observations at the accident scene.

An experienced attorney can step in and assist you if your injuries prevent you from completing these tasks. Without representation, you may fall victim to aggressive insurance companies pressuring you to accept a quick settlement offer that fails to compensate you for your losses adequately. 

Contact Us 

With over 50 years of combined legal experience, the personal injury attorneys at McCormick & Murphy, P.C., have worked tirelessly to recover millions of dollars on behalf of their clients. Our attorneys provide convenient and exceptional legal services to personal injury victims throughout Colorado.

We understand the wave of emotions you experience in the days and weeks following a car accident. You may think you’ll never get your life back. We are here to help. We work hard to bring you the compensation you deserve while talking you through the entire legal process. As you recover, we handle the rest.

Contact us online or call (719) 309-4202 today for a free, no-obligation consultation.

Guide to Loss of Consortium in Colorado Personal Injury Claims

Guide To Loss Of Consortium In Colorado Personal Injury Claims

It’s even more devastating when a loved one loses their life due to someone else’s negligent conduct.

Your world stops, and everything you have lost becomes painfully apparent as you attempt to move forward.

With so much at stake, pursuing a lawsuit without the help of an experienced personal injury attorney is extremely difficult. In these situations, you may have a claim for loss of consortium.

For immediate assistance, please reach out to us online or call (719) 309-4202 today for a free consultation.

What Is a Loss of Consortium Claim? 

Unlike a personal injury lawsuit, a loss of consortium claim is not brought by the injured victim but by a close family member, such as a spouse. Spouses make the majority of loss of consortium claims. A loss of consortium claim arises when someone suffers injuries due to a third party’s negligent or intentional act. Those injuries deprive their spouse of moral support, companionship, affection, or sexual relations.

Loss of consortium examples revolve around what a loved one can no longer provide due to an injury. For instance, a husband suffers serious injuries in a car accident. The injuries cause severe brain damage, leaving the husband in a permanent condition requiring around-the-clock medical care. His wife may claim loss of consortium for the loss of their prior relationship, including the affection and companionship given by the husband before the accident.

Loss of consortium claims are not brought alone but are included as part of a personal injury lawsuit, typically by the spouse. Succeeding in a loss of consortium claim hinges on the success of the personal injury lawsuit. 

How Do You Prove a Loss of Consortium Claim? 

The spouse of an injured victim may file a claim for loss of consortium in addition to the injured party’s claim for personal injury compensation. Similarly, the spouse of an injured victim may also file this type of claim in wrongful death lawsuits where their spouse died due to injuries suffered.

To recover, the spouse must prove the following:

  • A valid legal marriage existed at the time of the injury or wrongful death. 
  • The spouse was wrongfully injured due to someone else’s negligence or intentional act. 
  • The spouse must detail how their relationship changed due to the loss of consortium. This part of proving loss of consortium can be challenging, especially in a time of grieving. For example, the spouse must show such things as how they suffered a loss of affection, companionship, and moral support due to their spouse’s injuries or death. 
  • An analysis of the life expectancies of each spouse helps determine the value of the loss of consortium claim. 
  • The injury or death caused the spouse’s loss of consortium claim. 

Recovery for these claims provides a surviving spouse’s much-needed financial support to heal from their loss and adjust to a new way of life. Due to their complexity, one should never pursue these claims without the legal assistance of a qualified personal injury attorney. 

What Are Loss of Consortium Damages? 

Loss of consortium damages include financial compensation for various losses you experience due to the affect on you of the injuries sustained by your loved one. For example, a spouse may have been able to perform all sorts of household tasks, like caring for the kids, doing household chores, running errands, and making repairs. But after an accident, the injured spouse can no longer do these tasks.

That loss of the duties and services once offered by the injured spouse is one type of damages that you could receive compensation for in a loss of consortium claim. Other damages might include financial compensation for your loss of companionship from an injured spouse, and for your loss of physical affection that an injured spouse is able to offer you. 

Contact Us for a Free Consultation

Since 1995, McCormick & Murphy, P.C., has recovered millions of dollars for our clients. Our 50 years of combined legal experience means we know how to effectively present a loss of consortium claim to an insurance company or in a trial before a jury.

Loss of consortium claims represents a substantial and vital part of any personal injury lawsuit. We understand what’s at stake. As you concentrate on your family and healing from your experience, our team works tirelessly to achieve your desired results.

Contact us online or call (719) 309-4202 today for a free case review.

Statute of Limitations for Personal Injury Claims in Colorado

Statute Of Limitations For Personal Injury Claims In Colorado

A statute of limitations is best understood as a filing deadline for your Colorado personal injury lawsuit. If you do not file your personal injury lawsuit before the statute of limitations expires, your lawsuit will almost certainly be dismissed.

In most lawsuits, the Colorado personal injury statute of limitations begins to run (or “toll”) on the day you were injured – in other words, the date of your accident.

As explained below by our Colorado personal injury lawyers, there are only a few limited exceptions to this general rule.

For a free consultation, please call (719) 309-4202 or send us an online message today.

Colorado Personal Injury Statute of Limitations

Like all other states, Colorado has instituted a series of statutes of limitations that can be raised to bar claims filed in court after a certain period of time has passed.

Here are the important deadlines you should know about:

  • Injury to Person: 2 yrs. §13-80-102 (a); 3 yrs. §13-80-101(n) if from use or operation of a motor vehicle
  • Injury to Personal Property: 3 yrs. §13-80-101(n) if from use or operation of a motor vehicle
  • Professional Malpractice: Vet: 2 yrs. §13-80-102(1)(c); Medical: 2 yrs. upon discovery §13-80-102

Although this may seem unfair, especially when a person is severely injured in a crash and is perhaps unable to immediately seek legal aid, these laws were put in place to ensure the timely filing of claims.

Keeping track of legal deadlines and time limits can be difficult, so if you were injured in a crash caused by another person’s negligence, it is crucial to contact an experienced injury attorney who is well-versed in state law, Colorado personal injury filing deadlines, and court procedures.

General Negligence Statute of Limitations

A statute of limitations is essentially the deadline by which an injured party must file a lawsuit in court.

There are, however, a number of different statutes of limitations that vary depending on the type of claim. For instance, actions related to negligence, medical malpractice, and trespass must all be brought within two years of the date of the event.

This means that if a store owner failed to clean up a mess on the floor and an elderly woman slipped, fell, and broke her hip, she would be required to file the suit in court within two years of the date that she fell.

If she failed to bring the Colorado personal injury claim in time, her case could be permanently barred and she could lose out on the opportunity to collect compensation for her medical bills and other losses. In some situations, an exception may be recognized for mental incompetency, age (under 18), and when the injured party learned of the negligence.

Colorado Car Accident Statute of Limitations

In Colorado, car crash claims are covered by a different personal injury statute of limitations, which requires plaintiffs who suffered injuries or property loss as the result of a car crash to file suits against the responsible parties within three years of the date of the crash.

However, if the crash caused someone’s death the statute of limitations will be reduced to two years.

Again, failing to file a claim within this time period could result in the plaintiff’s case being permanently barred.

Exceptions to the Colorado Personal Injury Statute of Limitations

Depending on the facts of your case, there may be other methods by which you can extend the standard statute of limitations for personal injury in Colorado.

Injury Claims Involving a Minor

If you were a minor – that is, under the age of 18 – at the time of your accident, the statute of limitations may be extended in your favor. The same may be true if you were disabled or mentally ill at the time of your accident.

Injury Claims Involving Public Entities in Colorado

The Colorado statute of limitations for personal injury claims may also be extended if you were injured as a result of the actions of a public entity. Public entities may include the State of Colorado, a city, or their employees.

There are specific written notices that must be provided to specific departments within those public entities within 182 days of being injured. If you were injured by the federal government or one of its employees, then different rules and notices apply.

The exceptions to the general rules to the statutes of limitations can result in you losing your personal injury claim if you don’t file on time. Because of this, it is always highly recommended that you consult with an attorney regarding the applicable statute of limitations and possible exceptions immediately.

Exceptions to the standard statute of limitations for personal injury claims in Colorado are narrow and you should never count on them applying in your case.

The Discovery Rule Exception

The Discovery Rule is often referred to as the “discovery of harm”. Colorado recognizes the “discovery of harm” exception to the standard statute of limitations in personal injury cases.

The “discovery of harm” rule extends the deadline to file a personal injury lawsuit in situations where an injured person had no knowledge of either:

  • The injury itself; or
  • The fact that the defendant’s actions may have caused the injury.

In these situations, the statute of limitations does not begin to run until the injured person initially discovers, or should have reasonably discovered, their injury or the nature of their injury.

Contact a Colorado Personal Injury Attorney

If a doctor has told you that you were injured in an accident, the statute of limitations has probably started to run.

If you believe that you have a personal injury claim but are concerned about the statute of limitations filing deadlines, you should contact or call our Colorado personal injury lawyers at (719) 309-4202 right away to make sure that you will not be prevented from filing a lawsuit.

We offer free, no-obligation consultations.

How Colorado Caps Affect Recovery of Damages

How Colorado Caps Affect Recovery Of Damages

When a person is injured because of someone else’s negligence, he or she may be eligible to receive compensation for resulting injuries by filing a lawsuit in court.

This allows many injured parties to recover compensation for economic damages, such as medical expenses and lost wages.

Some injured parties are also able to collect what are referred to as non-economic damages, which compensate a victim for losses that are more difficult to quantify, such as the pain and suffering endured by the plaintiff as a result of his or her injuries.

However, the amount of non-economic damages that a plaintiff can recover is limited. This is because the Colorado Legislature placed a cap on the amount of non-economic damages available to injured victims in certain cases.

Determining the amount of damages that a person is eligible to receive can be difficult, so if you or a loved one were recently injured it is crucial to contact an experienced Colorado personal injury attorney who can explain your legal options.

Give us a call at (719) 309-4202 or send us an online message today for a free consultation.

Economic Damages

There are a number of different types of damages that plaintiffs in Colorado injury cases may seek, including economic damages.

Economic damages represent the monetary losses suffered by the plaintiff and can include:

  • Past and future medical expenses, which must be substantiated through medical records and receipts;
  • Lost income, which represents the amount of money that a person would have been able to earn if he or she had not been injured;
  • Property damage, which can be established through repair bills or receipts demonstrating the cost of replacement; and
  • Lost earning capacity, which can be demonstrated by an economic expert who can establish the amount of earnings that a person would have been able to collect in his or her lifetime if not for the incident.

Non-Economic Damages

Plaintiffs in personal injury cases are not limited to collecting economic damages, but may also be eligible to receive non-economic damages, such as those awarded for:

  • Pain and suffering;
  • Emotional distress;
  • Loss of companionship;
  • Inconvenience;
  • Stress and anxiety; and
  • Loss of enjoyment of life.

Non-economic damages are by nature more difficult to calculate, which means that it is often up to a jury to order damages according to their experience.

For this reason, Colorado law has placed a cap on non-economic damages as follows:

  • $250,000, which may be increased to $500,000 for incidents occurring before January 1, 1998;
  • $366,250, which can be increased to $732,500 for incidents occurring between January 1, 1998 and January 1, 2008; and
  • $468,010, which can be increased to $936,030 for incidents occurring after January 1, 2008.

For a plaintiff to receive the larger award, there must be clear and convincing evidence justifying an increase.

Finally, an injured party who is seeking recovery from multiple defendants can request the capped amount from each at-fault party, unless the incident resulted in the death of the plaintiff.

Cause of Action

There are additional laws that restrict how much a plaintiff can recover in certain types of cases.

For instance, when a person is seeking compensation for an incident that resulted in the victim’s death, the amount of damages is automatically capped at \$250,000 (adjusted for inflation) regardless of when the event occurred. However, this amount can be increased to $500,000 if clear and convincing evidence justifies it.

There is also a separate cap of $300,000 for cases involving medical malpractice, which arises when a medical professional fails to meet the appropriate standard of care and causes an injury. There is also a maximum overall cap of $1 million in these types of cases.

Finally, when a plaintiff is attempting to collect damages from an establishment that provided alcohol to a drunk driver, the amount that he or she can receive is capped at $280,810.

Punitive Damages

Punitive damages are awarded in especially serious cases where a defendant exhibited extreme negligence or recklessness and are meant to deter similar behavior in the future. While Colorado allows courts to award punitive damages, it also places a cap on the amount that can be awarded.

As a result, punitive damages cannot exceed the amount of actual damages awarded by a jury. This means that if a jury awards $100,000 to a plaintiff for economic damages, it cannot order more than $100,000 in punitive damages.

Contact an Experienced Colorado Personal Injury Attorney Today

Please contact McCormick & Murphy, P.C., at (719) 309-4202 or fill out the online form to schedule a free consultation with a dedicated personal injury attorney who can evaluate your case.

Dog Bite Laws in Colorado

Dog Bite Laws In Colorado

Understanding Colorado’s dog bite negligence and liability laws

In Colorado, dog bite victims can collect compensation for their injuries by filing one of three types of claims: negligence, negligence per se, or strict liability.

The type of claim filed by an injured party will depend on the specific circumstances of his or her case, so if you were injured by someone else’s dog in Colorado.


In situations where a dog bite results in serious injury or death, the injured party or his or her relatives can file a strict liability claim against the animal’s owner.

This means that victims whose injuries meet the standard of serious bodily injury do not have to prove that the owner’s negligence caused the injury or that the owner’s violation of an animal control law led to the injury.

Furthermore, an injured party is not required to demonstrate that the dog’s owner knew, or should have known that the animal was dangerous in order to recover damages.

However, plaintiffs who file strict liability dog bite claims will need to provide evidence demonstrating that their injury satisfies the definition of serious bodily injury.

Injuries that fall under this category include:

  • Death;
  • Permanent disfigurement; or
  • Protracted loss or impairment of a body part’s function.

Broken and fractured bones, as well as third-degree burns, are also considered serious bodily injuries under the terms of Colorado’s strict liability dog bite law.


The period immediately following a dog attack is filled with pain, anxiety, and confusion. If you’re suffering, we want to help. Contact McCormick & Murphy now for a FREE case review. A qualified dog bite injury attorney from our Firm will listen to the details of your dog bite case and explain your options. Get a free case review now.

When a person is bitten by a dog and sustains a bodily injury that does not reach the level of “serious” according to the terms of the statute, he or she may still be eligible to collect compensation by filing a standard negligence claim.

Generally, bodily injuries include any physical injury that:

  • Results in muscle tears, severe bruising, or skin lacerations that require professional treatment; or
  • Requires cosmetic or corrective surgery;

Injuries that are not considered serious can still be painful and expensive to treat. However, even these types of injuries are not automatically compensable if the plaintiff is unable to demonstrate that the animal’s owner or keeper failed to use reasonable care to control the dog.

However, if an injured party can provide evidence that an owner was negligent in supervising or controlling the animal, he or she can collect compensation for both economic and non-economic losses.

Furthermore, unlike the legal theory of strict liability, plaintiffs can collect compensation for injuries other than dog bites. For example, if a dog knocked a person down on the sidewalk and he or she suffered a broken arm, that person would still be eligible to collect damages.


When a person was injured by someone else’s dog and, at the time of the incident, the owner had violated a city law specifically put in place to prevent animal attacks, the injured party may have grounds to file a negligence per se claim.

Unlike a regular negligence claim, where the plaintiff would be required to demonstrate that the owner did not use reasonable care to control the animal at the time of the injury, negligence per se claims only require that the injured party provide evidence that the defendant violated a statute or ordinance.

For instance, if a city law required all owners to keep their dogs leashed when out of their yard, and an owner chose not to leash his or her animal and the dog then injured another person, the plaintiff could bring a negligence per se claim.

In these types of cases, the violation of the law itself is considered equivalent to a breach of duty and establishes that the defendant was negligent.


Even when a plaintiff can prove that an injury satisfies the criterion of a severe bodily injury, he or she can be barred from collecting damages under the legal theory of strict liability if:

  • He or she was not lawfully on public or private property at the time of the incident;
  • He or she was on the dog owner’s property, which had clearly been marked with “no trespassing” or “beware of dog” signs;
  • He or she intentionally provoked the animal;
  • The dog in question was being used by a peace officer or military personnel in the performance of official duties;
  • He or she was a veterinarian, dog groomer, humane agency staff member, professional dog handler, trainer, or dog show judge acting in the performance of his or her official duties; or
  • The animal was working as a hunting, herding, farm, or predator control dog while on the owner’s property or while under the owner’s control.

Furthermore, dog bite victims who file a strict liability claim are only permitted to collect economic damages, which includes compensation for medical bills related to treating the injury, property damage, and lost wages. However, the injured party will be unable to recover damages for the pain and suffering he or she endured as a result of the bite.

Call us Today to Schedule a Free Consultation With a Dedicated Dog Bite Attorney

Being attacked by a dog can take a substantial physical, emotional, and financial toll on victims and their families.

For instance, dog bite injuries tend to be especially severe and often require multiple reconstructive surgeries. Furthermore, being attacked can cause victims to struggle with serious anxiety, which can make it difficult to go to work or perform day-to-day duties.

Fortunately, those who are injured by someone else’s animal can collect compensation to help cover medical expenses, lost wages, and in some cases, pain and suffering, so if you were recently injured by a dog, please contact McCormick & Murphy, P.C. by calling 719-425-4389, by sending us a quick email, or by initiating a live chat with a member of our legal team.

We have offices in Denver, Colorado Springs, and Pueblo and will be happy to help you schedule a free case evaluation in any of these locations.

Related: California Dog Bite Laws

Can I Sue Uber After a Colorado Car Accident?

Can I Sue Uber After A Colorado Car Accident?

Ridesharing has become increasingly popular in Colorado and throughout the United States.

According to a report compiled by the Brookings Institution, the number of Uber drivers on the road in Denver has nearly doubled in the last two years.

Of course, Uber is not simply limited to Colorado’s largest city; the company operates throughout the state, from the Denver suburbs down to Colorado Springs and Pueblo.

Unfortunately, like any other vehicles on the road, Uber cars are sometimes involved in major accidents. Due to the complicated nature of how this company does business, victims are often unsure of what exactly they are supposed to do after a crash.

At McCormick & Murphy, P.C., our Colorado Uber and car accident lawyers have helped protect the legal rights and financial interests of many injured victims. If you were injured in a crash due to the negligence of an Uber driver, we can help you hold the company responsible for your damages.

Call (719) 249-0541 or send an online message today for a free consultation.

Protect Your Rights: What to Do After an Uber Accident

1. Seek Medical Assistance

If you were hurt in a Colorado Uber accident, please get yourself to a doctor for an immediate, professional medical examination. Do not try to ‘tough out’ your injuries. Not only are car accident injuries often far more severe than they initially seem to be, but you will not be able to bring an Uber accident claim unless you have valid supporting medical records.

2. Report the Crash to State or Local Law Enforcement

As articulated by the Colorado Department of Motor Vehicles (DMV), state law requires that all highway accidents are to be reported to law enforcement. If you are a driver who is involved in a crash with an Uber, you are legally required to report that accident. If you are an Uber passenger involved in a collision, it is strongly in your best interest to make sure that the accident is properly reported so that you can make a statement to police.

3. Report the Crash to Uber

Uber accidents should also quickly be reported to the company. You can report the accident through your smartphone application, or through the company’s website.

If you are having any trouble getting a response from the company, or if you believe that Uber’s response is inadequate, you should contact a qualified Colorado rideshare accident attorney as soon as possible.

4. Consult With a Colorado Uber Accident Lawyer

If you or a family member has been severely injured in a Colorado car accident, it is imperative that you seek professional legal guidance.

This is even more important in Uber accident claims, as these types of cases are notoriously complex. You are not alone in this difficult time: our experienced attorneys can help.

When Can Uber Be Held Liable for a Car Accident?

Under the Colorado Revised Statutes Section 13-21-111, liability for an auto accident is based on the legal theory of negligence. Put simply, this means that another party can be held legally liable for your crash, if you can establish that their unsafe actions or inactions caused the accident.

Uber bears a basic responsibility for its drivers, so if an Uber driver was negligent, and you were injured as a result, the company may be financially responsible for your damages. Though, liability is made somewhat more complex by the fact that Uber drivers hold several different types of intersecting insurance policies.

What You Need to Know About Uber’s Insurance Policies

Most Uber drivers use their vehicle for both personal and commercial purposes. If you are taking an UberX or an UberPool, you are almost certainly in a dual-purpose vehicle.

This makes questions of insurance more complicated, as there are different insurance policies that will be active at different times.

Specifically, Uber vehicles fit into one of the three following categories:

Personal Use

When an Uber driver is using their vehicle for solely personal reasons, meaning that their Uber app is turned off, then Uber the company has no relationship to any accident that occurs. So, if you are injured in an accident with a negligent Uber driver who was not actually working at the time of the crash, you will need to bring a claim against that driver’s personal liability insurance.

Active, But Between Passengers

There are many times when an Uber is driving around, waiting for the next passenger to pick up. In these circumstances, the vehicle is in a grey area, in between a personal car and a commercial vehicle. As such, it is covered by Uber’s $100,000 contingent liability policy.

With Passengers

Finally, whenever an Uber has passengers inside the vehicle, Uber’s $1,000,000 commercial insurance policy is active. If you are an Uber passenger injured in an accident, you can always bring a claim against the company. If you are an occupant of another vehicle or a pedestrian, you can still bring a claim against Uber’s commercial policies, so long as the vehicle had paying customers inside of it when the collision occurred.

Compensation Available to Colorado Uber Accident Victims

Colorado Uber accident victims are entitled to full compensation for their losses. Sadly, a fair and just recovery can be challenging to obtain, as Uber and its insurance companies often fight aggressively, in order to try to limit the value of claims.

In fact, in some cases, multiple insurance companies may try to point the finger at each other in an effort to escape any liability at all.

Our Colorado Uber accident lawyers will help you hold Uber and its insurers accountable so that you can maximize your compensation.

You may be able to recover money for any of the following types of damages:

  • Ambulance fees;
  • Emergency room bills;
  • Other hospital and medical bills;
  • Long-term disability;
  • Lost wages;
  • Diminished earning capacity;
  • Pain and suffering;
  • Emotional distress;
  • Loss of limb;
  • Disfigurement;
  • Loss of lifestyle; and
  • Wrongful death damages.

Contact Our Top-Rated Colorado Uber Accident Attorneys Today

At McCormick & Murphy, P.C., our car accident lawyers have the skills and experience required to handle your Uber accident claim.

If you were injured in an Uber crash, whether as a passenger or another driver, please do not delay in calling (719) 249-0541 or contacting us online today to schedule a free case review.

From our main office in Colorado Springs and our satellite location in Pueblo, we serve communities throughout the state of Colorado.