At McCormick & Murphy, we have over 50 years of combined legal experience. We have represented the interests of hundreds of people just like you, and we are ready to help. To see what our past clients have to say about us, please read our reviews on Google.

If you are ready to speak with a car accident lawyer from our Colorado Springs office now, please call us at 719-389-0400. This initial case review is 100% free with no obligations. Or, if you prefer email, please fill out this short form, and a representative from our office will be in touch with you soon. If you aren’t ready to speak with us, please browse the information below in order to gain an understanding of the car accident personal injury process.

Injured in an auto accident? Bills piling up? We can help:

  • Were you injured in a car accident that was caused by no fault of your own?
  • Are your medical bills piling up?
  • Are you unable to work?
  • Is the insurance company offering a settlement that simply won’t cover your expenses?

If you answered yes to any of these questions, it’s in your best interest to speak with an experienced car accident attorney. Only by getting a case review from a qualified lawyer can you be sure that you are receiving fair compensation for your injuries.

VIDEO: Do I have a Viable Car Accident Case?

You’ve been involved in an auto accident: Now what?

Needless to say, the first thing you need to do after an auto accident is ensure your own immediate health and safety. Once you are in are sure that you are out of harms way, you should take the following measures:

  1. Seek immediate medical care for any and all injuries
  2. Refrain from speaking with the insurer of the other parties involved in the accident
  3. Gather any and all pertinent information regarding the accident and the scene of the accident
  4. Contact your Colorado Springs auto accident attorney to start working on your behalf
  5. After receiving guidance from your attorney, report the accident to your insurer

Accident Questions

Question: What kind of damages are recoverable in an auto accident claim?

Answer: The legal system in place in Colorado Springs allows auto accident victims to recover financial compensation for a variety of different losses that occur as a result of an auto accident. A skilled and experienced Colorado Springs auto accident attorney will be able to achieve fair compensation for any of the following losses:

  • Loss of wages
  • Expenses for assisted living (in the case of serious injuries)
  • Cost of medical bills (in-patient and out-patient)
  • Pain and suffering resulting from the auto accident

When an auto accident results in a fatality, surviving family members of the victim are able to file wrongful death claims to recover compensation for the monetary losses associated with the wrongful death.

Question: What are punitive damages and when they can be claimed in an automobile accident case?

Answer: Colorado statute C.R.S. § 13-21-102, defines punitive damages as follows:

(1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual damages sustained by such party, may award him reasonable exemplary damages. The amount of such reasonable exemplary damages shall not exceed an amount which is equal to the amount of the actual damages awarded to the injured party.

(b) As used in this section, “willful and wanton conduct” means conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff.

The Colorado Court of Appeals has ruled that malice, as used in this section, may be found by the jury or the court from the reckless and wanton acts of the injuring party, such as discloses an utter disregard of consequences, aside from any intentional malice in its odious or malevolent sense. Cohen v. Fox, 26 Colo. App. 55, 141 P. 504 (1914).

The Colorado Supreme Court has ruled that “Wanton and reckless” disregard as used in this statute means conduct that creates a substantial risk of harm to another and is purposefully performed with an awareness of the risk in disregard of the consequences. Tri-Aspen Construction Co. v. Johnson, 714 P.2d 484 (Colo. 1986); Juarez v. United States, 798 F.2d 1341 (10th Cir. 1986); Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. App. 1993); Archer v. Farmer Bros. Co., 70 P.3d 495 (Colo. App. 2002).

In a lawsuit in Colorado Springs a trial judge allowed McCormick & Murphy to include a claim for punitive damages where a driver, who was facing a red traffic signal, attempted to make a right turn from the left lane of traffic, driving across three through lanes of traffic and a right turn lane, striking McCormick & Murphy’s client, who was in the process of making a left hand turn.

Question: What is the legal effect of failing to use mandatory seat belts?

Answer: In the context of motor vehicle accidents, Colorado has enacted mandatory seat belt law for the driver and persons in the front seats of a motor vehicle. When a person fails to wear their safety belts and they are involved in a motor vehicle collision, C.R.S. 42-4-237 allows the defendant to introduce evidence of failure to use the safety belt as failure to mitigate damages. The defendant may also ask for a jury instruction that the jury should reduce the award of non-economic damages for pain and suffering that could’ve been prevented had the person been wearing a seat belt.

Question: What if a cell phone was in use?

Answer: It is against the law in Colorado to use a cell phone when driving a motor vehicle. Doing so can subject the driver to fines of $50–$100 dollars. It is also dangerous and can cause serious motor vehicle collisions.

Our Client’s Stories

Kim’s Story

Kim, a 23-year-old vibrant young woman of slight build, employed in a local shoe store, was a passenger in a vehicle that was rear-ended in a moderate speed collision.
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Initially, the at fault vehicle denied responsibility, claiming there was a phantom vehicle that was responsible for cutting him off and causing the collision. Kim sustained low back and hip pain.

She noticed that her low back would “pop all the time.” Her doctors found that her sacroiliac joints were locking and malfunctioning. Surgery was performed to correct this.

Initial efforts to settle were unsuccessful, with the defendant offering just $10,000, followed by a statutory offer of $75,000.

Two weeks before the 10 day trial, the defendant agreed to pay $325,000 to settle the claims

Mike’s Story

Mike an apprentice electrician, was a backseat passenger in a one car collision with a wooden utility pole.
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Mike sustained chronic back pain from the collision for which he tried multiple treatments and remedies, without success. He tried to get his claim settled. The insurance company would not offer more than $7,500.

McCormick & Murphy filed a lawsuit on his behalf.

Initially, the defense lawyer apologized that the claim was undervalued and immediately offered double what the claims adjuster had offered. Depositions and discovery continued. It was learned that the driver had only a $50,000 liability insurance policy. Mike offered to settle for the policy limits.

The insurance company continued to dribble money at him starting at $19,000, then $21,000, and $26,000, and eventually $27,500.

The case proceeded to trial and jury verdict was entered in Mike’s favor. With interest, Mike was awarded $97,862.96.

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Featured Car Accident Review:

I was rear-ended in Colorado back in 2009. I hired McCormick and Murphy and they filed a lawsuit on my behalf. Eventually the insurance company settled my case for $65,000.00. I thought McCormick and Murphy did a great job for me, and I was very pleased with them.

Reviewing: Car Accident Legal Services
Date published: 06/09/2014
Rating: ★★★★★ 5 / 5

Talk to McCormick & Murphy

The auto accident attorneys at McCormick & Murphy have a proven record of obtaining fair settlements for their clients in Colorado Springs. They have helped hundreds of auto accident victims obtain compensation to help them pay for medical bills, rehab treatment, lost income, as well as pain and suffering.

If you have suffered injuries as the result of an automobile in Colorado Springs, we invite you to contact the auto accident attorneys at McCormick & Murphy. You will speak with an attorney, at no cost, who will listen to the specifics of your case and tell you whether you may be able to recovery damages for your injuries. For your free case review call 719-389-0400.

Disclaimer: Information provided on this site is NOT formal legal advice. It is generic legal information. Under no circumstances should the information on this site be relied upon when deciding the proper course of a legal action. Always get a formal case evaluation from a licensed attorney if you think you might have a personal injury lawsuit.