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Determining fault in a swerve accident

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May 11, 2021

The law of vehicular control that governs auto accident causation in Colorado does not make allowances for obstacles or animals in the path of vehicles as they roll down the highway. All motorists are required to stay in their own lane at all times when driving, and accidents where they are out of their proper lane will typically result in a fault determination when a case is settled for financial damages.

All drivers in car accidents are assessed for comparative fault when a case is adjudicated, if not beforehand by the respondent insurance companies. Colorado’s modified comparative negligence law can further complicate the problem.

Colorado modified comparative rule

Some states allow anyone injured in an accident to recover some financial damages unless they are totally at fault for the mishap. All attorneys who represent victims of car accidents understand that total fault is always problematic for injured drivers. Many other states use some form of modified comparative fault law, with Colorado using the version that compares individual fault against the total fault of other drivers. Injured driver comparative fault percentage assignment must be less than the total of all other percentages.

Shared fault can still matter

When drivers swerve in the roadway and cause a collision in the opposing or parallel lane, they are usually found totally at fault unless another motorist was in violation of the law in some respect, such as driving under the influence or speeding. Luckily for some drivers who do avoid hitting a highway obstacle just to then strike a vehicle, shared fault among all drivers can still result in the injured swerving driver being compensated to some percentage of total damages when sufficient insurance protection is available.

The truth about swerve accident cases is that they can still be complicated, and insurance companies are always looking for technicalities that allow them to reduce claim values. Due to the potentially complicated nature of the state’s comparative negligence law, it is important for all Colorado residents who are injured in an accident to retain an aggressive accident attorney to represent their best interests when claims are evaluated.

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I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

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Max Bryson
84 days ago
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Mr. Larson was competent, conscientious, and honest, while handling my case diligently. He was tenacious in mediation, and used experience and knowledge to settle my suit satisfactorily. I recommend his services to anyone who has been wrongfully injured.
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Suazo Family
270 days ago
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I had a great experience with Larson. He was professional, responsive, and explained everything clearly. I felt supported the whole time as he was very helpful, patient, and easy to talk to, he answered all my questions and made a stressful situation much easier I would definitely recommend him! The paralegal (Ranon) she was excellent and very nice every interaction I had with her!
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nacho libre
560 days ago
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Mr.Larson and Ranon are amazing my work gave me the run around with workman’s comp and then I got Mr Larson to defend me and it’s one of the greatest decisions I’ve ever made I’d recommend them to anyone going thru it! Thank you Ranon and Mr.Larson for everything you guys have done!
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Katy Harrington
646 days ago
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Mr. Larson and Ranon were AMAZING with my case. They always answered my questions and fought for me in a time I couldn’t fight for myself! Everything was simplified for me and they always made sure I understood what was going on. They are a very friendly team and it was a pleasure working with them over the last 2 years!
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Michael Pacheco
666 days ago
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Mr.Larson and his paralegal are very honest, caring, and professional. Highly recommend!!
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German Alcorta
851 days ago
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This is my second time going through him and he has done a great job.
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Austin Sisson
894 days ago
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Mr. Larson and his staff were excellent to work with on my case. They kept me informed at every step, answered all of my many questions, helped me understand early on what this process would be like, and ultimately made an extraordinarily stressful time in my life far easier to manage. The valley is fortunate to have Mr. Larson here. If you are needing legal services and live here in the valley, I absolutely recommend going with him. He is honest, hard-working, and takes all of the time you need to help you navigate your case. I sincerely appreciate all of the work from he and his staff over the past year and a half. Thank you again!
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Shirley Atencio
1008 days ago
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Mr. Larson and staff were great! They kept me updated throughout the process of my case. It’s awesome to have a big time lawyer in our community. I’m grateful for their support, guidance, and hard work,
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B Mulcahy
1162 days ago
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Willow Wortham
1230 days ago
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He was awesome!
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Jenny Bush
2458 days ago
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Aaron Vigil
2489 days ago
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William Drain
2495 days ago
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Mr. Larsen was very professional and helpful. The office is just stunning. Well kept grounds.
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Corbin Hales
2505 days ago
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Good
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VOID EDGE (ORIAM VOID)
2725 days ago
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Good help
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Katie Lopez
3316 days ago
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Keith Vance
4373 days ago
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Unlike larger Colorado law firms that treat their clients as case numbers or files, we treat our clients as individuals with unique injuries and needs. We will meet with you personally to gain a clear understanding of your injury and how it has affected your day-to-day life.

As your case progresses, we will work with you every step of the way. We will take the time to answer all your questions and keep you updated on your case and will even find reputable medical and psychological service providers so you can get the health care you need — and we will make arrangements for them to be paid when your case is over.

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