Negligence is a legal concept that plays a key role in many personal injury cases. Put simply, negligence occurs when someone fails to use reasonable care under the circumstances and, as a result, causes someone else to suffer an injury.
Negligence can arise in many situations, from traffic crashes to accidents caused by unsafe property conditions. Still, the fact that an accident happened does not automatically mean someone was negligent. An injured person generally must establish several specific elements to hold another party responsible.
What Are the Elements of Negligence?
Under Colorado law, a person bringing a negligence claim generally must establish that the defendant owed them a legal duty of care, breached that duty, and caused an injury as a result. The Colorado Supreme Court has identified four basic elements: duty, breach, injury, and causation.
Each element matters. If an injured person cannot establish even one of them, their negligence claim may fail.
Duty of Care
A duty of care is a legal obligation to act with an appropriate level of care under the circumstances. The specific duty involved depends on the relationship between the parties and what was happening when the accident occurred.
Drivers, for example, have obligations intended to prevent unreasonable risks to others on the road. Whether a legal duty exists in a particular negligence case is a question of law for the court.
Breach of Duty
Once a duty has been established, the next question is whether the defendant breached it. A breach can involve something a person did or, in some circumstances, something they failed to do.
Examples of conduct that could support a negligence claim, depending on the circumstances, include:
- A driver failing to pay adequate attention to traffic and causing a car accident
- A motorist following another vehicle too closely
- A person creating an unreasonable risk of injury to someone else
- A person failing to take reasonable precautions under the circumstances
Showing that someone acted carelessly is only part of the equation. The injured person must also connect that conduct to the injury they suffered.
Causation
A defendant’s breach must cause the claimed injury. Colorado’s civil jury instructions address causation in negligence cases and recognize that more than one act or failure to act can contribute to an injury.
This issue can become especially important when several events or people played a role in an accident. Photographs, witness statements, medical records, video footage, and expert testimony may help establish what happened and how the defendant’s conduct contributed to the injury.
Damages
Finally, the claimant must have suffered an injury that resulted in damages. In a personal injury case, these damages may include medical expenses, lost income, pain and suffering, and other losses caused by the injury.
The type and severity of the injury can affect the nature and value of the damages claimed. Generally, the claimant must be able to show that the defendant’s negligence caused the losses for which they are seeking compensation.
What Damages May Be Available in a Negligence Claim?
A person who establishes negligence may be able to recover compensation for losses caused by the injury. What that compensation looks like will depend on the circumstances and how the injury has affected the person’s life.
Depending on the case, damages could include compensation for:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent impairment or disability
- Other accident-related losses
Documentation can make an important difference when establishing these damages. Medical records, bills, employment documents, receipts, and similar records may help show the financial and personal impact of an injury.
What Happens if I Was Also Negligent?
Accidents are not always entirely one person’s fault. Sometimes, the injured person and another party both contributed to what happened. Colorado uses a modified comparative negligence system to address these situations.
Under Colorado Revised Statutes § 13-21-111, an injured person’s negligence does not prevent recovery when that negligence is less than the negligence of the person from whom recovery is sought. However, the person’s damages are reduced according to their percentage of negligence.
For example, suppose an injured person has $100,000 in damages but is determined to be 20% negligent. Their recovery could be reduced by 20%, leaving $80,000. If their negligence is as great as the negligence of the person against whom recovery is sought, the statute does not permit recovery under this rule.
Because of this system, disagreements over who was at fault can have a significant impact on a Colorado personal injury claim.
How Can I Prove Someone Was Negligent?
A negligence claim ultimately comes down to evidence. What evidence is most useful will depend on how the accident happened and which parts of the claim are disputed.
Evidence may include accident reports, photographs, surveillance or dashboard-camera footage, witness testimony, medical records, and other documentation. In some cases, expert testimony may also help explain technical issues or show how an accident occurred.
The goal is not simply to prove that an accident happened. The evidence must help establish the required elements of negligence and connect the defendant’s conduct to the person’s injuries and resulting losses.
Contact the Colorado Springs Personal Injury Lawyers at Kimball Injury Law, LLC for Help Today
Negligence may sound straightforward, but personal injury claims can quickly raise difficult questions about fault, causation, damages, and Colorado law. Understanding how these pieces fit together can be especially important when an insurance company disputes responsibility for an accident.
If you were injured because of someone else’s careless conduct, Kimball Injury Law, LLC can review what happened and explain your legal options. Contact us at (719) 357-9444 to arrange a free consultation with a Colorado Springs personal injury attorney.
