You’re just driving down Platte Avenue on a Tuesday afternoon, maybe heading to the grocery store or picking up some takeout, when BAM – someone runs a red light and slams into your car. Your heart’s racing, your neck hurts, and you’re sitting there thinking, “What the heck just happened?”
If this sounds familiar, trust me, you’re not alone. Platte Avenue is one of Colorado Springs’ busiest commercial areas, and unfortunately, that means it’s also one of the city’s most accident-prone roads. I’ve seen too many good people get hurt on this stretch, and even more get taken advantage of by insurance companies who think they can lowball accident victims just because folks don’t know their rights.
Let me tell you something – Platte Avenue car accidents aren’t just minor bumps. They’re serious business, and they deserve serious attention. Whether you’ve already been in an accident or you’re just trying to understand what could happen, I’m going to walk you through everything you need to know about handling car accident claims in Colorado Springs’ commercial district.
Why Platte Avenue Is Such a Problem for Drivers
Platte Avenue cuts right through the heart of Colorado Springs’ commercial district, and honestly, it’s kind of a perfect storm for car accidents. You’ve got heavy traffic, tons of businesses with people constantly pulling in and out of parking lots, pedestrians crossing everywhere, and drivers who are often distracted or unfamiliar with the area.
I can’t tell you how many times I’ve driven down Platte and watched someone make a sudden left turn into a restaurant parking lot without signaling, or seen people texting while driving through one of the busiest intersections in the city. It’s nerve-wracking, and the accident statistics definitely back up what we all see with our own eyes.
The Most Dangerous Spots on Platte Avenue
Some areas along Platte are definitely worse than others. The intersections around the major shopping centers are absolute nightmares during rush hour and weekends. You’ve got people who don’t know where they’re going, GPS systems telling them to make last-second turns, and everyone’s in a hurry to get to their destination.
The stretch between Academy Boulevard and Powers Boulevard is particularly bad. There are so many strip malls, restaurants, and big box stores that traffic is constantly stopping and starting. People get impatient, they follow too closely, and rear-end collisions happen all the time.
And don’t even get me started on what happens when the weather turns bad. Colorado drivers should know how to handle snow and ice, but every winter it’s like everyone forgets how to drive. Platte Avenue becomes a skating rink, and the accidents pile up faster than the snow plows can clear the roads.
Common Types of Car Accidents on Platte Avenue
Not all car accidents are created equal, and the type of accident you’re involved in can make a huge difference in your case. Let me break down the most common types I see on Platte Avenue and what they typically mean for your claim.
Rear-End Collisions
These are probably the most frequent type of accident on Platte Avenue, and they usually happen because someone’s following too closely or not paying attention. You’re stopped at a red light, and the person behind you is looking at their phone instead of the road. Next thing you know, they’re kissing your bumper at 35 mph.
The good news is that rear-end collisions are usually pretty straightforward when it comes to determining fault. The person who hits you from behind is almost always at fault, unless there are some really unusual circumstances. The bad news is that even “minor” rear-end collisions can cause serious injuries, especially to your neck and back.
Side-Impact Accidents
These happen a lot at intersections along Platte Avenue, and they can be really dangerous. Someone runs a red light or fails to yield when making a left turn, and they slam into the side of your car. Side-impact accidents, or T-bone accidents as some people call them, can cause serious injuries because there’s less protection on the sides of your vehicle.
The tricky thing about side-impact accidents is that fault isn’t always as clear-cut as it is with rear-end collisions. Both drivers might claim they had the right of way, and without witnesses or traffic cameras, it can turn into a he-said, she-said situation.
Head-On Collisions
Thank goodness these don’t happen as often on Platte Avenue, but when they do, they’re usually catastrophic. Head-on collisions typically occur when someone crosses the center line, maybe because they’re impaired, distracted, or they fall asleep at the wheel.
These accidents almost always result in serious injuries or fatalities, and the legal cases that follow are complex and emotionally devastating. If you or someone you love has been involved in a head-on collision, you need experienced legal help immediately.
Multi-Vehicle Pileups
During busy times or bad weather, small accidents on Platte Avenue can quickly turn into multi-vehicle disasters. One car rear-ends another, which pushes that car into the intersection, which causes two more cars to collide trying to avoid the mess. Before you know it, you’ve got five or six cars involved in one big accident.
Multi-vehicle accidents are a nightmare to sort out legally. Everyone’s pointing fingers at everyone else, insurance companies are trying to minimize their payouts, and figuring out who’s actually at fault can take months or even years.
The Real Cost of Platte Avenue Car Accidents
When most people think about car accident costs, they think about fixing their car. But that’s just the tip of the iceberg. The real costs of a serious car accident can follow you for years, and they add up a lot faster than you might expect.
Medical Bills That Never Stop Coming
Even if you feel okay right after the accident, don’t assume you’re in the clear. Adrenaline can mask pain and injuries, and some problems don’t show up until days or weeks later. I’ve seen people walk away from accidents feeling fine, only to develop chronic neck pain or headaches that last for months.
And here’s something that’ll really tick you off – medical bills from car accidents seem to multiply like rabbits. You’ve got the ambulance ride, the emergency room visit, the X-rays, the MRI, the follow-up appointments, the physical therapy sessions, and maybe even surgery if you’re really unlucky. Before you know it, you’re looking at tens of thousands of dollars in medical expenses.
The worst part is that these bills start arriving while you’re still trying to recover from your injuries. The last thing you need when you’re dealing with pain and trying to get better is a stack of medical bills that you can’t afford to pay.
Lost Wages and Income
If your injuries are serious enough to keep you out of work, the financial hit can be devastating. Most people don’t have enough savings to cover their expenses for weeks or months without a paycheck, and disability insurance (if you even have it) usually doesn’t cover your full salary.
But it’s not just about the time you miss work immediately after the accident. Some injuries can affect your ability to do your job long-term. Maybe you can’t lift heavy objects anymore, or you can’t sit at a computer for long periods because of back pain. These limitations can hurt your career prospects and your earning potential for years to come.
Property Damage Beyond Your Car
Your car might be the most obvious casualty, but it’s not always the only one. Maybe your laptop was in the car and got destroyed. Maybe you had expensive work equipment or personal items that were damaged or stolen after the accident. These costs add up, and insurance companies love to argue about what they should and shouldn’t cover.
And if your car is totaled, good luck getting the insurance company to pay you what it’s actually worth. They’ll try to give you the lowest possible settlement based on their own calculations, which somehow always seem to undervalue your vehicle.
The Hidden Costs Nobody Talks About
There are so many costs associated with car accidents that people don’t think about until they’re dealing with them. You might need to rent a car while yours is being repaired, and that can cost hundreds of dollars. You might need to take taxis or rideshares to medical appointments, which adds up quickly.
If your injuries are severe, you might need to modify your home to accommodate mobility issues, or hire someone to help with household tasks you can’t do anymore. These costs can be enormous, and they’re often overlooked when people are calculating the value of their claim.
How Insurance Companies Try to Screw You Over
I hate to be the bearer of bad news, but insurance companies are not your friends. I don’t care how friendly their commercials are or how much they talk about being there for you when you need them. When it comes to paying out claims, their goal is to pay as little as possible, and they have a lot of tricks up their sleeves.
The Quick Settlement Trap
One of the most common tactics insurance companies use is to offer you a quick settlement right after the accident, before you’ve had time to understand the full extent of your injuries or damages. They’ll call you up within a few days and say something like, “We want to make this easy for you. We’ll cut you a check for $5,000 right now, and you can put this whole thing behind you.”
Don’t fall for it. Once you accept that settlement and sign their paperwork, you’re done. You can’t come back later when you realize your injuries are more serious than you thought, or when those medical bills start piling up. That $5,000 might seem like a lot of money when you’re stressed and overwhelmed, but it probably won’t even cover your medical expenses, let alone your other damages.
Blaming You for the Accident
Even when it’s obvious that their insured driver was at fault, insurance companies will often try to shift some of the blame onto you. They might say you were speeding, or that you could have done more to avoid the accident, or that you weren’t wearing your seatbelt properly.
In Colorado, we have what’s called comparative negligence, which means that if you’re partially at fault for an accident, your compensation can be reduced by your percentage of fault. So if the insurance company can convince someone that you were 20% at fault, they only have to pay 80% of your damages.
The problem is that most people don’t know how to fight back against these accusations. They hear an insurance adjuster tell them they were partially at fault, and they believe it, even when it’s complete nonsense.
Minimizing Your Injuries
Insurance companies love to downplay the severity of accident victims’ injuries. They’ll look at your medical records with a magnifying glass, trying to find any pre-existing conditions they can blame for your current problems. They’ll argue that your injuries aren’t as bad as you claim, or that you should be better by now.
They might even hire private investigators to follow you around and try to catch you doing something that contradicts your injury claims. I’ve seen cases where insurance companies hired investigators to film people taking out their trash or playing with their kids in the yard, then used that footage to argue that their injuries weren’t serious.
Delaying Your Claim
Sometimes insurance companies will drag their feet on processing your claim, hoping that you’ll get desperate and accept a low settlement just to get some money coming in. They know that medical bills don’t wait, and that most people can’t afford to be out of work for months while their claim is being “investigated.”
This tactic is particularly effective against people who don’t have lawyers, because they don’t know what a reasonable timeline should look like or how to put pressure on the insurance company to move faster.
Why Commercial District Accidents Are Different
Platte Avenue isn’t just any road – it’s a major commercial corridor, and that creates some unique challenges when it comes to car accident cases. The commercial nature of the area can actually work in your favor in some ways, but it also creates complications that you might not expect.
More Witnesses and Evidence
One advantage of having an accident in a commercial area is that there are usually more potential witnesses around. Employees at nearby businesses, other customers, pedestrians – someone probably saw what happened, and their testimony can be incredibly valuable in proving your case.
Many businesses along Platte Avenue also have security cameras that might have captured your accident. This video evidence can be super powerful, but you need to act fast to preserve it. Most businesses only keep security footage for a limited time before it’s automatically deleted, so you need to identify potential sources of video evidence and send preservation letters right away.
Complex Traffic Patterns
The flip side is that commercial areas often have more complex traffic patterns that can make it harder to determine fault. You’ve got people making left turns into businesses, pedestrians crossing mid-block, delivery trucks double-parked, and traffic backing up from drive-throughs. All of these factors can contribute to accidents and make it more difficult to figure out exactly what happened.
Multiple Potentially Liable Parties
In some cases, it’s not just the other driver who might be responsible for your accident. If a business’s poorly designed parking lot entrance contributed to the crash, they might share some responsibility. If the city failed to maintain proper traffic signals or signage, they might be partly responsible too.
These cases involving multiple defendants can be more complex, but they can also result in higher settlements because there are more insurance policies available to compensate you for your damages.
Commercial Vehicle Accidents
Platte Avenue sees a lot of commercial vehicle traffic – delivery trucks, service vehicles, company cars, and more. Accidents involving commercial vehicles often have higher insurance policy limits, which means there’s potentially more money available to compensate you for your injuries.
But commercial vehicle accidents also tend to be more aggressively defended by insurance companies, because the stakes are higher. These companies often have teams of lawyers and investigators working to minimize their responsibility, so you need experienced legal representation to level the playing field.
What to Do Right After a Platte Avenue Car Accident
I know this is probably the last thing you want to think about when you’re dealing with the aftermath of an accident, but what you do in the first few hours and days after a crash can make or break your case. Let me walk you through the steps you should take to protect yourself and your legal rights.
Stay at the Scene and Call 911
This should be obvious, but you’d be surprised how many people try to handle “minor” accidents without involving the police. Don’t do it. Even if the accident seems minor and everyone appears to be okay, you should call 911 and wait for the police to arrive.
The police report that gets filed will be an important piece of evidence in your case, and it’s much better to have an official record of what happened than to rely on everyone’s memory later. Plus, some injuries don’t become apparent until hours or days after an accident, so what seems minor at the scene might turn out to be more serious than you thought.
Get Medical Attention Even If You Feel Fine
Adrenaline is a heck of a drug, and it can mask pain and other symptoms for hours after an accident. Even if you feel okay at the scene, you should still get checked out by a medical professional as soon as possible.
Going to the emergency room or urgent care right after the accident also creates a medical record that links your injuries to the crash. If you wait several days to see a doctor, the insurance company will argue that your injuries must not have been caused by the accident, or that they’re not as serious as you claim. This is an essential point.
Document Everything
Take pictures of everything – the damage to all vehicles involved, the accident scene, any visible injuries, the license plates, and anything else that seems relevant. Get the names and contact information of any witnesses, and write down your own account of what happened while it’s still fresh in your memory.
If you’re too injured to do this yourself, ask someone else to help you. The more documentation you have, the stronger your case will be.
Don’t Admit Fault or Apologize
I get it – you’re Canadian at heart, and apologizing is just what polite people do. But resist the urge to say “I’m sorry” or anything that could be interpreted as admitting fault. Even if you think you might have done something wrong, there could be factors you’re not aware of that actually make the other driver responsible.
Stick to the facts when talking to the police and the other driver. Save the analysis of what went wrong for later, when you’ve had time to think clearly and maybe talk to a lawyer.
Be Careful What You Say to Insurance Companies
The other driver’s insurance company will probably contact you pretty quickly after the accident, and they might seem really friendly and helpful. Remember, they’re not on your side. They’re trying to gather information they can use to minimize their payout.
You should report the accident to your own insurance company, but be careful about giving recorded statements to the other driver’s insurer without talking to a lawyer first. Anything you say can be taken out of context and used against you later. This is essential advice.
Understanding Colorado’s Car Accident Laws
Colorado has some specific laws and rules that affect car accident cases, and understanding them can help you make better decisions about your claim. Let me break down the most important ones in plain English.
Colorado Is an At-Fault State
Colorado is what’s called an “at-fault” or “tort” state, which means that the person who causes an accident is responsible for paying for the damages. This is different from “no-fault” states, where everyone’s own insurance covers their damages regardless of who caused the accident.
Being an at-fault state means that you can sue the person who hit you for your damages, including medical expenses, lost wages, pain and suffering, and property damage. But it also means that if you’re found to be at fault, you could be on the hook for the other person’s damages.
Comparative Negligence Rules
Colorado follows a “modified comparative negligence” rule, which is a fancy way of saying that if you’re partially at fault for an accident, your compensation will be reduced by your percentage of fault. But if you’re more than 50% at fault, you can’t recover anything at all.
For example, let’s say you were in an accident where the total damages are $100,000, but you’re found to be 20% at fault because you were speeding slightly. You would only be able to recover $80,000 (80% of the total damages).
This is why insurance companies work so hard to shift blame onto accident victims. Even if they can’t prove that you were mostly at fault, getting you assigned even a small percentage of fault can save them thousands of dollars.
Statute of Limitations
In Colorado, you generally have three years from the date of the accident to file a lawsuit for personal injury or property damage. This might seem like a long time, but trust me, it goes by faster than you think, especially when you’re dealing with injuries and trying to get your life back on track.
There are some exceptions to this rule – for example, if you don’t discover your injury right away, the clock might not start ticking until you knew or should have known about the injury. But these exceptions are limited, and you don’t want to risk missing the deadline.
Minimum Insurance Requirements
Colorado requires all drivers to carry minimum amounts of liability insurance, but those minimums are pretty low – just $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage.
Here’s the problem: if you’re seriously injured in an accident, $25,000 probably won’t come close to covering your damages. If the person who hit you only has minimum coverage and doesn’t have significant personal assets, you might not be able to recover full compensation for your injuries.
This is why it’s super important to carry uninsured/underinsured motorist coverage on your own policy. This coverage can help make up the difference if the at-fault driver doesn’t have enough insurance to cover your damages.
Types of Damages You Can Recover
When lawyers talk about “damages” in car accident cases, they’re referring to the different types of compensation you might be entitled to. Understanding what types of damages are available can help you understand whether a settlement offer is fair or if you should push for more.
Economic Damages
These are the damages that have a specific dollar amount attached to them – basically, your out-of-pocket costs and financial losses from the accident.
Medical Expenses are usually the biggest part of economic damages. This includes everything from the ambulance ride and emergency room visit to ongoing physical therapy and future medical care. Don’t forget about things like prescription medications, medical equipment, and travel expenses for medical appointments.
Lost Wages cover the income you’ve lost because of your injuries. This includes not just the time you missed work immediately after the accident, but also any future income you’ll lose if your injuries affect your ability to work long-term.
Property Damage covers the cost to repair or replace your vehicle and any other personal property that was damaged in the accident.
Non-Economic Damages
These are the damages that don’t have a specific price tag, but are still very real costs of being in an accident.
Pain and Suffering is probably the most well-known type of non-economic damage. This covers the physical pain and emotional distress you’ve experienced because of your injuries. There’s no set formula for calculating pain and suffering – it’s largely subjective and depends on factors like the severity of your injuries, how long your recovery takes, and how the injuries have affected your daily life.
Loss of Enjoyment of Life covers the activities and hobbies you can no longer participate in because of your injuries. Maybe you used to play softball every weekend, but now your back injury prevents you from playing. Maybe you loved hiking, but your knee injury makes it too painful to walk long distances.
Emotional Distress recognizes that car accidents can cause psychological trauma that lasts long after your physical injuries heal. Some people develop anxiety about driving, or suffer from depression related to their injuries and lifestyle changes.
Punitive Damages
In rare cases where the at-fault driver’s behavior was particularly reckless or intentional, you might be awarded punitive damages. These aren’t meant to compensate you for your losses, but rather to punish the defendant and deter similar behavior in the future.
Punitive damages are only awarded in cases involving things like drunk driving, road rage, or other extreme misconduct. They’re not available in typical negligence cases where someone was just careless or made a mistake.
When You Need a Lawyer (Spoiler Alert: Probably Now)
I know what you’re thinking – “Do I really need a lawyer? Can’t I just handle this myself and save the attorney fees?” Look, I get it. Nobody wants to pay lawyer fees if they don’t have to. But let me tell you, trying to handle a car accident case yourself is like trying to perform surgery on yourself – technically possible, but probably not a great idea.
Red Flags That Scream “Get a Lawyer”
If you’ve been seriously injured, don’t even think about handling the case yourself. Serious injuries mean serious money, and insurance companies will fight tooth and nail to avoid paying what you deserve. You need someone in your corner who knows how to value your claim properly and isn’t afraid to take the case to trial if necessary.
If there’s any dispute about who was at fault, you need legal help. Insurance companies love to take advantage of unrepresented accident victims by convincing them they were partially at fault when they weren’t. A good lawyer will investigate the accident thoroughly and fight back against unfair blame-shifting tactics.
If multiple vehicles were involved, the case is automatically more complex. There might be multiple insurance companies involved, each trying to minimize their own responsibility and shift blame to the others. You need someone who can sort through all the finger-pointing and make sure you get fair compensation.
If the other driver was uninsured or underinsured, you’ll probably need to make a claim against your own insurance company under your uninsured/underinsured motorist coverage. Insurance companies hate paying these claims and will look for any excuse to deny or minimize them.
What a Good Lawyer Brings to the Table
Experience is huge when it comes to car accident cases. A lawyer who’s handled hundreds of these cases knows what your claim is really worth, what tactics the insurance companies will use, and how to counter them effectively. They’ve seen every trick in the book, and they won’t be fooled by insurance company games.
A good lawyer also has resources that you don’t have access to as an individual. They can hire accident reconstruction experts, medical experts, economists to calculate your future losses, and investigators to dig up evidence that supports your case.
Maybe most importantly, a lawyer can take the stress of dealing with insurance companies off your shoulders so you can focus on getting better. You shouldn’t have to spend your recovery time arguing with insurance adjusters and trying to figure out legal paperwork.
How Contingency Fees Work
Most personal injury lawyers, including the team at McCormick & Murphy, work on what’s called a contingency fee basis. This means you don’t pay attorney fees unless and until they recover money for you. If there’s no settlement or judgment in your favor, you don’t owe any attorney fees.
The typical contingency fee for car accident cases is around 33-40% of whatever settlement or judgment you receive. I know that might sound like a lot, but studies have consistently shown that people who hire lawyers end up with significantly more money in their pockets, even after paying attorney fees, than people who try to handle cases themselves.
Think about it this way – would you rather have 100% of a $10,000 settlement you negotiated yourself, or 67% of a $50,000 settlement your lawyer negotiated? The math is pretty clear.
The Claims Process: What to Expect
Filing a car accident claim can feel overwhelming, especially when you’re dealing with injuries and trying to get your life back to normal. Let me walk you through what the process typically looks like so you know what to expect.
The Investigation Phase
After you report the accident to the insurance companies, they’ll start their investigation. This usually involves reviewing the police report, interviewing the drivers and any witnesses, examining the vehicles, and gathering any other relevant evidence.
The insurance adjuster assigned to your case will probably want to take a recorded statement from you about what happened. Be careful here – while you generally have to cooperate with your own insurance company, you’re not required to give a recorded statement to the other driver’s insurer, and it’s usually better to let your lawyer handle these communications. This is an essential warning.
The investigation phase can take anywhere from a few weeks to several months, depending on how complex the case is and how cooperative everyone involved is being.
Medical Treatment and Documentation
While the insurance investigation is going on, you should be focused on getting the medical treatment you need and following your doctor’s advice. This isn’t just important for your health – it’s also super important for your case.
Insurance companies love to argue that people who don’t follow their treatment recommendations, or who have gaps in their treatment, must not be as injured as they claim. So go to your appointments, do your physical therapy, and follow your doctor’s orders, even when you don’t feel like it.
Keep detailed records of all your medical treatment, including dates of appointments, what treatments you received, and how you felt before and after. This documentation will be incredibly valuable when it comes time to calculate your damages.
Demand and Negotiation
Once you’ve reached what’s called “maximum medical improvement” – basically, the point where your condition has stabilized and isn’t likely to improve significantly with more treatment – it’s time to make a demand to the insurance company.
The demand letter will outline all of your damages and explain why the insurance company should pay a specific amount to settle your claim. This is where having a lawyer really pays off, because they know how to present your case in the most compelling way and ask for an amount that reflects the true value of your claim.
The insurance company will almost certainly come back with a counteroffer that’s lower than your demand. This starts the negotiation process, which can go back and forth several times before you reach an agreement.
Settlement or Trial
Most car accident cases settle without going to trial, but that doesn’t mean the threat of trial isn’t important. Insurance companies are much more likely to make fair settlement offers when they know you have a lawyer who’s prepared to take the case to court if necessary.
If you can’t reach a fair settlement through negotiation, your lawyer might recommend filing a lawsuit. This doesn’t mean you’re definitely going to trial – many cases still settle even after a lawsuit is filed. But it does mean you’re serious about getting fair compensation, and it gives your lawyer additional tools to gather evidence and put pressure on the insurance company.
Dealing with Insurance After a Platte Avenue Accident
Insurance companies can be tricky to deal with, and they have a lot of strategies for minimizing what they pay out on claims. Knowing what to expect can help you avoid some of the common pitfalls.
Your Own Insurance Company
You might think your own insurance company is on your side, but remember – they’re a business too, and paying out claims hurts their bottom line. While they have a duty to handle your claim in good faith, they’re still going to look for ways to minimize what they pay.
If you’re making a claim under your collision coverage for property damage, or under your uninsured/underinsured motorist coverage for injuries, your own insurance company will investigate the claim just like the other driver’s insurer would.
The good news is that if your own insurance company acts in bad faith – meaning they unreasonably deny or delay your claim – you might have additional legal remedies available beyond just the value of your original claim.
The Other Driver’s Insurance Company
The other driver’s insurance company has absolutely no obligation to look out for your interests. Their job is to protect their insured and minimize the company’s financial exposure. They’ll be polite and professional, but don’t mistake that for actually caring about what’s best for you.
Some of the tactics they might use include offering quick, low settlements before you understand the full extent of your injuries, disputing the severity of your injuries, arguing that you were partially at fault for the accident, or claiming that some of your injuries were pre-existing.
Common Insurance Company Tactics
Surveillance is one tactic that surprises a lot of people. If you’re claiming significant injuries, don’t be shocked if the insurance company hires a private investigator to follow you around and try to catch you doing activities that seem inconsistent with your claimed limitations.
This doesn’t mean you should become a hermit, but it does mean you should be honest about your limitations and avoid doing things your doctor has told you not to do.
Social Media Monitoring is another increasingly common tactic. Insurance companies and their lawyers routinely check accident victims’ social media accounts looking for photos or posts that contradict their injury claims.
That photo of you smiling at your daughter’s birthday party might be used to argue that you’re not really suffering from depression. That video of you dancing at a wedding might be used to argue that your back injury isn’t as serious as you claim.
Delay Tactics are designed to wear you down and pressure you into accepting a low settlement. The insurance company knows you have bills to pay and might be out of work, so they’ll drag out the process hoping you’ll get desperate and take whatever they offer.
Special Considerations for Commercial District Accidents
Accidents in commercial areas like Platte Avenue can involve some unique factors that don’t come up in typical residential area accidents. Understanding these factors can help you protect your rights and maximize your recovery.
Business Premises Liability
Sometimes the design or maintenance of a business’s property contributes to an accident. Maybe there’s a blind spot created by poor landscaping, or a parking lot entrance that’s too close to an intersection, or inadequate lighting that makes it hard to see pedestrians at night.
If a business’s property played a role in your accident, they might share responsibility along with the driver who hit you. This can be good news for your case, because businesses typically carry substantial liability insurance policies.
Municipal Liability
Cities and counties are responsible for maintaining safe roads, and sometimes their failure to do so contributes to accidents. Maybe there’s a traffic light that’s been malfunctioning for weeks, or a stop sign that’s obscured by overgrown vegetation, or a pothole that causes someone to swerve into your lane.
Claims against government entities are subject to special rules and shorter deadlines, so if you think the city or county might share responsibility for your accident, you need to act quickly.
Commercial Vehicle Considerations
Commercial vehicles are held to higher safety standards than regular passenger cars, and their drivers are required to have commercial driver’s licenses and follow special regulations. If a commercial vehicle was involved in your accident, these factors might affect your case.
Commercial vehicles also typically carry higher insurance policy limits, which means there’s potentially more money available to compensate you for your damages. But companies that operate commercial vehicle fleets also tend to have more resources to fight claims, so you can expect more aggressive defense tactics.
Video Evidence Opportunities
One advantage of accidents in commercial areas is that there are often more sources of video evidence available. Many businesses have security cameras that might have captured your accident, and some intersections have traffic cameras as well.
The key is identifying these potential sources of evidence quickly and sending preservation letters before the footage is automatically deleted. Most businesses only keep security footage for 30-90 days, so time is of the essence.
Medical Treatment and Your Case
The medical treatment you receive after your accident isn’t just important for your health – it’s also super important for your legal case. Insurance companies scrutinize medical records carefully, looking for any excuse to minimize or deny claims.
Getting Prompt Medical Attention
I can’t stress this enough – you need to see a doctor as soon as possible after your accident, even if you feel okay. Some injuries, particularly soft tissue injuries like whiplash, don’t cause symptoms immediately. The adrenaline from the accident can mask pain, and inflammation often takes time to develop.
If you wait several days or weeks to see a doctor, the insurance company will argue that your injuries couldn’t have been caused by the accident, or that they must not be very serious if you didn’t seek immediate treatment.
Following Your Treatment Plan
Once you start medical treatment, it’s important to follow your doctor’s recommendations consistently. This means going to all your appointments, doing your physical therapy exercises, taking your medications as prescribed, and following any activity restrictions.
Insurance companies love to point to gaps in treatment or failure to follow medical advice as evidence that someone isn’t really injured or isn’t taking their recovery seriously. Don’t give them that ammunition.
Documenting Your Symptoms
Keep a daily journal of your symptoms and how they affect your daily activities. Note your pain levels, what activities are difficult or impossible, how your sleep is affected, and how your injuries impact your mood and relationships.
This documentation can be incredibly valuable when it comes time to calculate your pain and suffering damages. It’s much more compelling to have a detailed record of how your injuries affected you day by day than to try to remember everything months later.
Be Careful with Independent Medical Exams
At some point, the insurance company might ask you to submit to an “independent medical examination” or IME. These exams are performed by doctors chosen and paid by the insurance company, and they’re designed to minimize your injuries and support a low settlement offer.
You might be required to attend an IME depending on the terms of your insurance policy or state law, but you should never go to one without understanding your rights and preparing properly. Your lawyer can help you understand what to expect and how to protect yourself.
Pain and Suffering: The Hidden Damages
When most people think about car accident damages, they focus on the obvious costs – medical bills, lost wages, and car repairs. But for many accident victims, the biggest impact of their injuries isn’t financial – it’s the pain, suffering, and lifestyle changes they have to endure.
Physical Pain and Discomfort
Chronic pain is one of the most common long-term consequences of car accidents, and it can be absolutely life-changing. Maybe your back hurts every time you sit for more than a few minutes, or your neck is so stiff you can’t turn your head to check your blind spot while driving.
This kind of ongoing physical discomfort doesn’t just hurt – it affects every aspect of your life. It can make it hard to sleep, difficult to concentrate at work, and impossible to enjoy activities you used to love.
Emotional and Psychological Impact
Car accidents can be traumatic experiences that leave lasting psychological scars. Some people develop anxiety about driving or being a passenger in a car. Others experience depression related to their injuries and the ways their life has changed.
Post-traumatic stress disorder (PTSD) is more common after car accidents than many people realize. If you’re having nightmares about the accident, avoiding driving certain routes, or experiencing panic attacks when you hear screeching brakes, you might be dealing with PTSD.
Loss of Life’s Enjoyments
Maybe you used to run marathons, but now your knee injury makes it painful to walk more than a few blocks. Maybe you loved playing guitar, but your shoulder injury makes it impossible to hold the instrument for more than a few minutes. Maybe you enjoyed traveling, but your back problems make long car rides or flights unbearable.
These losses might not show up on a medical bill, but they represent real harm that deserves compensation. A good lawyer will help you identify all the ways your injuries have affected your quality of life and fight to get you compensated for these losses.
Calculating Pain and Suffering
There’s no set formula for calculating pain and suffering damages – it’s largely subjective and depends on factors like the severity of your injuries, how long your recovery takes, and how much your injuries affect your daily life.
Insurance companies often use what’s called a “multiplier method,” where they multiply your economic damages (medical bills and lost wages) by a number between 1.5 and 5, depending on the severity of your injuries. But this is just a starting point – the actual value of your pain and suffering depends on the specific facts of your case.
Long-Term Consequences of Car Accidents
Some car accident injuries heal completely within a few weeks or months, but others can cause problems that last for years or even the rest of your life. Understanding the potential long-term consequences of your injuries is important for making sure you get fair compensation.
Chronic Pain Conditions
Chronic pain is defined as pain that lasts for more than three to six months, and it’s surprisingly common after car accidents. The most frequent types of chronic pain after car accidents involve the neck, back, and shoulders.
Chronic pain can be incredibly disabling, even when it’s not severe enough to completely prevent you from working or doing daily activities. It can affect your sleep, your mood, your relationships, and your overall quality of life.
Mobility and Functional Limitations
Some injuries result in permanent limitations on your ability to move or function normally. Maybe you can’t lift objects over a certain weight, or you can’t stand for long periods, or you can’t turn your head fully to one side.
These limitations might not prevent you from doing your current job, but they could affect your future career prospects or force you to make accommodations in your daily life that you never had to make before.
Cognitive and Neurological Effects
Head injuries, even relatively mild ones, can cause long-lasting cognitive problems. You might have trouble concentrating, difficulty remembering things, or problems with what’s called “executive function” – your ability to plan, organize, and complete tasks.
These cognitive issues can be particularly frustrating because they’re often invisible to other people. You might look fine on the outside, but struggle with mental tasks that used to be easy for you.
Increased Risk of Future Problems
Some car accident injuries increase your risk of developing additional problems down the road. For example, if you injure your back in an accident, you might be more likely to develop arthritis or disc problems as you get older.
These future risks are hard to quantify, but they’re real costs that should be considered when calculating the value of your claim.
Working with McCormick & Murphy on Your Case
If you’ve been injured in a car accident on Platte Avenue or anywhere else in Colorado Springs, the team at McCormick & Murphy can help you get the compensation you deserve. With over 60 years of combined experience handling personal injury cases, Kirk McCormick and Jay Murphy have the knowledge and skills to take on even the most complex car accident cases.
Why Experience Matters
Car accident cases might seem straightforward, but they can actually be quite complex, especially when serious injuries are involved. Insurance companies have teams of lawyers and investigators working to minimize what they pay out on claims, and they use sophisticated tactics to shift blame and downplay injuries.
You need someone in your corner who’s seen it all before and knows how to counter these tactics effectively. McCormick & Murphy have been handling car accident cases since 1995, and they’ve recovered millions of dollars for their clients over the years.
Personalized Attention
Unlike some law firms that treat clients like numbers, McCormick & Murphy provide personal attention to every client. They understand that being injured in a car accident is one of the most stressful experiences you can go through, and they’re committed to making the legal process as smooth and stress-free as possible.
When you work with McCormick & Murphy, you’ll have direct access to your attorney, not just paralegals or support staff. They’ll keep you informed about what’s happening with your case and answer your questions promptly.
No Fees Unless You Win
McCormick & Murphy handle most personal injury cases on a contingency fee basis, which means you don’t pay attorney fees unless they recover money for you. If there’s no settlement or judgment in your favor, you don’t owe any attorney fees.
This arrangement allows people who might not otherwise be able to afford a lawyer to get quality legal representation. It also aligns the lawyer’s interests with yours – they only get paid if they get results for you.
Local Knowledge
Being based in Colorado Springs means McCormick & Murphy understand the local legal landscape, including the judges, opposing lawyers, and insurance companies they’ll be dealing with on your case. They know which intersections on Platte Avenue are particularly dangerous, which local hospitals provide the best treatment for car accident injuries, and how local juries typically respond to different types of cases.
This local knowledge can be incredibly valuable in building a strong case and achieving the best possible outcome for your claim.
Taking Action: What You Should Do Right Now
If you’ve been injured in a car accident on Platte Avenue, time is not on your side. Evidence can disappear, witnesses can forget what they saw, and there are legal deadlines that you can’t afford to miss. Here’s what you should do right now to protect your rights and maximize your chances of getting fair compensation.
Get Medical Attention
If you haven’t already seen a doctor about your injuries, do it today. Even if you think your injuries are minor, it’s better to be safe than sorry. Some injuries don’t cause symptoms immediately, and having a medical record that links your injuries to the accident is super important for your case.
Document Everything
Start keeping detailed records of everything related to your accident and injuries. This includes medical appointments and treatments, symptoms and pain levels, time missed from work, and how your injuries are affecting your daily life.
Take photos of your injuries as they heal, and keep all your medical bills and other accident-related expenses in one place. This documentation will be invaluable when it comes time to calculate your damages.
Don’t Talk to Insurance Companies Alone
If the other driver’s insurance company contacts you, be polite but don’t give them a recorded statement or sign any documents without talking to a lawyer first. Remember, they’re not on your side, and anything you say can be used to minimize your claim.
You should report the accident to your own insurance company, but you can still be cautious about what you say and consider having a lawyer help you with those communications too.
Preserve Evidence
If you haven’t already done so, try to identify potential sources of video evidence, such as security cameras at nearby businesses or traffic cameras at intersections. Contact these businesses or government agencies to request that they preserve any footage they might have of your accident.
Also, if your vehicle hasn’t been repaired yet, take detailed photos of the damage from multiple angles. This evidence can be important for understanding how the accident happened and how severe the impact was.
Contact McCormick & Murphy
The sooner you contact an experienced car accident lawyer, the better. McCormick & Murphy offer free consultations for car accident cases, so you can learn about your rights and options without any financial risk.
During your consultation, they’ll review the facts of your case, explain your legal options, and give you an honest assessment of what your claim might be worth. If they take your case, they’ll immediately start working to protect your rights and build the strongest possible case for compensation.
You can reach McCormick & Murphy at (719) 800-9407, or you can visit their office at 929 W Colorado Ave in Colorado Springs. Don’t wait – the sooner you act, the better your chances of getting the compensation you deserve.
The Bottom Line: Don’t Go It Alone
Look, I know dealing with a car accident is overwhelming. You’re hurt, you’re stressed about money, and you probably just want to put the whole thing behind you as quickly as possible. I get it.
But here’s the thing – insurance companies are counting on you feeling that way. They’re hoping you’ll be so overwhelmed and eager to move on that you’ll accept whatever low-ball offer they throw at you, even if it’s nowhere near what your case is actually worth.
Don’t let them take advantage of you. You have rights, and you deserve fair compensation for your injuries and losses. But getting that fair compensation usually requires having someone in your corner who knows how to fight for it.
If you’ve been injured in a car accident on Platte Avenue or anywhere else in Colorado Springs, contact McCormick & Murphy today. With their experience, dedication, and track record of success, they can help you get the compensation you deserve so you can focus on what’s really important – getting your life back on track.
Remember, you don’t pay attorney fees unless they win your case, so you have nothing to lose by calling and everything to gain. Don’t wait – contact McCormick & Murphy at (719) 800-9407 today and take the first step toward getting the justice and compensation you deserve.
Your future self will thank you for making that call.
