Your Trusted Car and Truck Accident Lawyer in Aspen, Colorado
Have You or a Loved One Been Injured in a Vehicle Collision?
Vehicle accidents are among the most common personal injuries in the United States. These incidents include not just car collisions due to distracted driving, driving under the influence, or reckless driving, but also a variety of accidents involving trucks, buses, taxis, Uber/Lyft vehicles, motorcycles, scooters, and bikes. Victims can be drivers, passengers, or even pedestrians.
If you or a loved one has been injured in a traffic accident, you may be entitled to compensation from the at-fault party. Hiring an experienced attorney promptly can significantly improve your chances of a successful claim. Our team at Ben Rose Law PLLC in Aspen, Colorado, provides compassionate and skilled legal representation to ensure you receive the compensation you need to move forward with your life.
Types of Vehicle Accidents We Handle:
Drunk Driving
Distracted Driving
Hit-and-Run
Truck/Commercial Vehicle
Motorcycle
Bus & Light Rail
Scooter (Lime/Bird/Lyft)
Rideshare (Uber/Lyft)
What to Do at the Time of the Accident
Safety First
Ensure everyone is safe and call 911 or local police to handle injuries and document the accident.
Stay calm and avoid confrontational actions.
Document the Incident
Gather names, contact details, and insurance information of involved parties.
Take photos of the scene from various angles, including injuries, vehicle damages, and contributing factors like road conditions.
Collect witness contact details.
Note the timeline of events as accurately as possible.
File a Police Report
Stick to the facts when giving your statement.
Indicate you will report injuries after a medical consultation.
Keep the police report number and officer's contact details for reference.
Get Medical Attention
Even if injuries seem minor, get a medical evaluation to document your condition for insurance claims.
Keep all medical receipts and reports as evidence of your injuries.
Common Injuries from Vehicle Accidents Include:
Traumatic Brain Injury (TBI) A TBI occurs when the brain's normal function is disrupted due to a forceful impact, either directly to the head or by the brain colliding with the skull. This injury can affect anyone but is particularly risky for children and older adults.
Broken Bones/Fractures Accidents often result in broken bones, which can vary in severity. While some fractures heal with time, others may require surgical intervention.
Lumbar or Cervical Disk Injury These injuries, also known as bulging, protruding, or ruptured disks, affect the spine and can lead to nerve damage. Symptoms range from pain and numbness to paralysis, and in severe cases, can be life-threatening.
Facet Joint Injury Facet joints, located between each vertebra of the spine, control and limit spinal motion. Trauma to these joints can cause significant pain and instability in the neck or back.
Muscle Strain Often associated with whiplash, muscle strains occur when muscles are overstretched or overworked due to the sudden forces of a crash. This can cause significant discomfort and mobility issues.
Lacerations Cuts, or lacerations, vary in severity. Some may heal with a simple bandage, while others require stitches and could result in noticeable scarring.
Burns Burns can result from extreme heat or chemical exposure, such as from an airbag deployment. While airbags can save lives, they can also cause chemical burns.
Nerve Damage Nerve damage occurs when nerves are disrupted, often due to injury or surgery. This can affect various parts of the body, most commonly the arms, feet, and hands. The severity can range from temporary discomfort to permanent disability.
Filing a Claim with your Insurance Company
The next critical step after an accident is to report it to your insurance company as soon as possible, ideally within 24 hours. This ensures you comply with the insurance company's requirements. You or your attorney should send a notice of claim to the insurance company, including:
The names and contact details of the at-fault party
Your own contact information
The date and time of the accident
Details of your personal injury claim
When providing details to the insurance company, stick to the facts. Use straightforward language like, “He drove through the intersection, ignored the red light, and hit my passenger side door.” Avoid using emotional or exaggerated language, such as, “He was speeding like crazy, drove right through that red light, and totally wrecked my car!” Keeping your description simple and factual helps maintain consistency and credibility throughout the claims process.
What You Can Claim Compensation For
Special Damages These are quantifiable damages and can include:
Medical bills
Rehabilitation costs
Lost wages
Loss of earning ability
Repair or replacement costs for your vehicle
General Damages These are non-quantifiable damages and can include:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Claiming Compensation for Your Vehicle Accident
When a car accident occurs, determining liability is crucial for claiming compensation. Establishing who is at fault involves proving negligence or reckless driving. Negligence includes any behavior where a driver ignores road and safety rules, such as driving under the influence, ignoring road signs, or failing to maintain their vehicle. Under Colorado law, any driver or passenger injured by a negligent driver is entitled to full compensation for their losses. A personal injury claim can include compensation for:
Medical expenses
Pain and suffering
Long-term disability, disfigurement, or loss of limb
Emotional distress and loss of enjoyment of life
Lost wages during recovery
Loss of earning capacity during recovery or due to long-term disabilities
Semi Truck and Car Accident Cases in Aspen, Basalt, Carbondale, Snowmass and Glenwood Springs, Colorado
Semi-Truck vs. Car Accidents in Aspen, Basalt, Carbondale, Snowmass + Glenwood Springs, Colorado
Accidents involving semi-trucks are increasing due to the growing number of commercial trucks on the roads. By 2030, it's estimated that accidents involving large trucks could become the fifth-highest cause of death in the USA. The most common causes of these accidents are driver fatigue and distracted driving. Under tight deadlines, commercial truck drivers may fail to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations regarding driving, break, and rest hours. Other common causes include poor truck maintenance and improper cargo loading.
Tragically, 90% of fatalities in semi-truck versus car accidents are the occupants of the car. The immense force of an 18-wheeler, 40-ton semi-truck colliding with a car can be lethal for car passengers.
Complexity of Semi-Truck vs. Car Accident Claims in Aspen and surrounding areas
Claims involving commercial truck accidents are typically complex and require extensive documentation, including:
Truck black box recordings
Driver health and DUI tests
Truck logbooks
Maintenance records
Several factors contribute to the complexity and length of the compensation process in these cases:
Multiple Liable Parties: In truck accidents, liability may extend beyond the truck driver to include the truck company, maintenance company, carrier company, and even the manufacturer of the truck or its parts. Correctly attributing liability often requires expert opinions and considerable time.
Serious Injuries: Injuries from truck accidents are often severe, leading to longer recovery times, higher medical costs, and greater loss of income. The injured party may need to wait to claim compensation to include all these costs.
High Insurance Coverage: Semi-trucks usually carry insurance coverage up to or exceeding one million dollars. Insurance companies will seek to minimize their payouts through prolonged negotiations and by scrutinizing the car driver's actions for any potential negligence.
Given these complexities, seeking legal advice from an experienced attorney can be crucial in navigating the claims process and securing the compensation you deserve.
Motorcycle Accidents in Aspen, Colorado and surronding areas
Motorcycle accidents are alarmingly common and often result in serious injury or death. Approximately 80% of all motorcycle accidents result in injury or fatality, primarily due to the lack of physical protection for riders. While minor accidents might result in cuts, bruises, whiplash, and broken bones, nearly 50,000 motorcyclists in the United States suffer from severe head, chest, or lower-body injuries each year. Tragically, around 2,000 motorcyclists die on American roads annually.
Most motorcycle accidents involve head-on or rear-end collisions with other vehicles, with two-thirds of these accidents caused by the other vehicle violating the motorcycle’s right-of-way or failing to slow down. A frequent excuse from car drivers is that they did not see the motorcycle or noticed it too late to avoid the accident.
Complexities of Motorcycle vs. Car Accident Claims in Aspen, Colorado and surrounding areas
Proving car driver liability is the most challenging aspect of motorcycle accident compensation claims. Many motorcyclists involved in accidents may not comply with all road safety regulations, such as having the proper insurance and license, or wearing a helmet and safety gear. This non-compliance can lead the car driver to argue that the motorcyclist shares some or all of the liability for the accident.
Additionally, insurance companies for the car driver may dispute claims for injuries and damages that occurred while the motorcyclist attempted to avoid a collision, rather than those directly caused by the impact.
Hit-and-run incidents further complicate matters. Without eyewitnesses, injured motorcyclists may never identify the responsible party to seek compensation.
Car Accidents involving a Bus
Did you get into an accident with a bus in Aspen, Basalt, Carbondale, Snowmass or Glenwood Springs, Colorado?
Accidents Involving a Bus
Bus accidents are relatively uncommon, accounting for a small percentage of injuries in the US due to the limited number of buses in operation and stringent federal and state safety regulations. However, when bus accidents do occur, they can be particularly hazardous due to the bus's large size and the higher likelihood of passenger injuries resulting from the lack of safety features found in cars. Notably, 40% of bus accidents involve school buses, where passengers are primarily children, making them more susceptible to injury and stress.
If you or a loved one has been injured in a bus accident, whether as a bus passenger or as a driver or passenger of another vehicle involved in the collision, you may be eligible to file a claim for damages. Bus companies often offer settlements to resolve such claims. However, it is advisable to seek legal counsel before accepting any settlement offer, as it may not adequately cover your medical expenses, lost wages, pain, and suffering. A different legal approach may result in fairer compensation.
Complexities of Bus vs. Car Accident Claims
Bus accidents often involve commercial vehicles, complicating liability issues. Liability may extend beyond the bus driver to the bus owner, which could be a private company or a governmental entity. This is especially relevant if there was a failure in due diligence regarding the hiring, training, or regular performance checks and medical examinations of the bus driver.
Several factors complicate these claims:
Government Agencies: Public transportation departments and other governmental entities are often protected by sovereign immunity against most lawsuits. To seek compensation, you must either prove negligence on the agency's part or sue the driver personally. You have a six-month window to file a claim against a government agency.
Private Companies: Private bus companies typically have substantial insurance coverage and strong legal teams. Without an experienced lawyer to advocate for your rights, these companies may attempt to limit their liability and minimize compensation payouts.
Uber/Lyft/Ride-Sharing Accident Claims
The rise of ride-sharing services like Uber and Lyft has led to an increase in related accident claims. Unlike professional taxi drivers, ride-sharing drivers are not necessarily trained professionals and are equally prone to accidents. However, seeking compensation in such cases can be complex.
In Colorado, ride-sharing companies must provide their drivers with accident insurance of at least $1 million per incident, covering both passenger claims and those from other drivers during a ride or while the driver is en route to pick up a passenger. Additionally, there is coverage when the driver is online and available to accept rides ($50,000 per person and $100,000 per accident as of 2022). If the driver is offline, the ride-sharing company bears no liability.
Determining compensation depends on the driver's status at the accident time—whether they were providing a service, available online, or offline. These details must be clarified to establish if insurance coverage applies. As expected, insurance companies will strive to minimize their payout, adding another layer of complexity to these claims.
Why Choose Ben Rose for Your Car and Truck Accident Case?
If you've been injured in a car or truck accident, choosing Ben Rose to represent you is the first step toward securing the justice and compensation you deserve. With his personalized attention, compassionate support and aggressive advocacy, Ben Rose is the attorney you can trust to fight for your rights.
Proven Track Record: Over the years, Ben Rose has successfully represented numerous clients and achieved many successful outcomes, including settlements up to seven figures. Ben’s track record of success speaks for itself, and clients trust Ben to aggressively pursue their claims and achieve favorable outcomes.
Personalized Attention: At Ben Rose Law, every client receives personalized attention and tailored legal representation. Ben takes the time to listen to his clients' concerns, answer their questions, and keep them informed at every step of the legal process. Clients can trust that their case is in capable hands with Ben Rose Law.
Compassionate Support: Car and truck accidents can be traumatic experiences, and Ben Rose Law is committed to providing compassionate support to clients during these challenging times. Ben and his team understand the emotional toll that accidents can take and are dedicated to guiding clients through the legal process with empathy and understanding.
Aggressive Advocacy: When you choose Ben Rose Law, you're choosing a team that will fight tirelessly to protect your rights and pursue the compensation you deserve. Ben is known for his aggressive advocacy both inside and outside the courtroom, and he will not hesitate to take your case to trial if necessary.
Contact Ben Rose Law today to schedule a consultation and take the first step toward getting the legal representation you need.
Phone: 970-431-0777
Email: ben@theaspenlawyer.com
Hundreds of clients represented. Millions and Millions Won.