Generally speaking, the “at-fault” party is responsible for his or her share of harms and losses caused as a result of his or her negligent actions. You will note that the “at-fault” party is only responsible for “his or her share” of the harms and losses. As discussed in detail on our elements of claim page this means is that in some situations the particular at fault driver may only be legally responsible for less than 100% of the harms and losses. This occurs when others, including the plaintiff or other drivers, are also deemed a “cause” of the accident.
As noted above, the “at-fault” driver is responsible for all of the harms and losses caused through his or her negligence. Determining the nature and extent of a person’s harms and losses is often extremely complicated. Sometimes insurance companies dispute that the physical injuries were caused from the accident. Other times disputes arise as to the extent of someone’s true damages. These issues are also discussed in more detail on our elements of claim page.
If someone is violating a law that was intended to safeguard the public, for example speeding or drinking and driving, that person is legally responsible for the harms and losses caused through the legal doctrine of negligence per se. This legal term simply means that as a result of the defendant violating a law or rule, he or she becomes responsible for the harms without the plaintiff having to prove the defendant’s actions were “negligent.”
If someone is “on-the-job” when an accident occurs, the employer is legally responsible for the negligent acts of his employees through the doctrine of Respondeat Superior. This Latin term literarily means let the master answer for the servant. This rule can have very important consequences for your case. Employers often carry “general liability insurance policies” which have much higher limits than traditional automobile insurance policies. It is also important in some cases to determine what training, if any, was provided to the employee and whether the company should have hired the person in the first place. In Colorado there is a separate cause of action based upon an employer’s failure to train and/or supervise as well as negligent hiring (if the person has a horrible driving history) and negligent supervision.
If you or a loved one has been injured in an automobile accident, please call or email us as soon as possible. The highly skilled attorneys at the Kaudy Law Firm are experts in handling automobile injury cases and are here to help.
| Automobile Accidents |
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 An Overview of the Law |
| Insurance Issues |
| Types of Coverage |
| Uninsured / Underinsured Motorist Coverage |
| What to do After an Automobile Accident |
| Frequently Asked Questions |