How New Legislation Could Impact Your Personal Injury Claim After Car Accident?

A car accident can take a toll on your physical health, emotional well-being, and financial stability. If your suffering was a result of someone else's fault, you have the right to file a personal injury claim to recover compensation. You may be able to recover a wide range of damages that were a result of the car accident, including your medical bills, lost wages, and property damage.

You may also be able to recover non-economic expenses, such as your pain and suffering. However, the legal process for personal injury claims is often complex, and it can get even more complicated with the introduction of new legislation. Let's explore how new legislation could impact your personal injury claim after a car accident.

Why Car Accident Laws Change

Each state has its own set of laws governing personal injury claims, and these laws can vary widely, especially when it comes to car accidents. What might be true in one state could be completely different in another. For example, how fault is determined in auto accidents in Colorado, could be different to other states.

As a result, new state-specific legislation could dramatically impact your ability to seek compensation after a car accident. States often have to update the laws to address the evolving nature of the technical landscape, changing traffic patterns, rising traffic fatalities and injury rates, or anything else that requires a change.

Insurance Requirements

Colorado has introduced new changes to auto insurance requirements in 2024. Car owners are now required to carry a higher minimum insurance. Currently, Colorado has insurance requirements of $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage. However, the state has increased these requirements under legislation. The new minimum insurance requirements are $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage.

How would this impact your personal injury claim? The higher minimum insurance requirement means that you would have higher coverage limits in personal injury cases. This could translate to increased compensation for medical expenses, lost wages, pain and suffering, and other damages. Additionally, higher coverage limits may reduce the need for injury victims to file multiple claims against different parties.

Hands-Free Driving

From 1st January 2025, Colorado drivers will no longer be allowed to use a mobile electronic device while driving, unless they use it via a hands-free device. This new legislation is aimed at reducing car accidents that result from distracted driving.

Use of a cell phone behind the wheel is a common type of distraction for drivers, and can often lead to catastrophic accidents. However, the law extends to all types of devices. The state already has a law prohibiting texting while driving, but a new law broadens this restriction to include manually operating a phone or any mobile device for phone calls or other purposes while behind the wheel.

Autonomous Vehicles

The introduction of autonomous vehicles has disrupted the automotive industry and brought major changes to transportation and mobility. It's not a surprise that autonomous vehicles have become more prevalent in Colorado, and this has demanded new legislation.

The new laws help provide more clarity on the responsibilities of manufacturers, vehicle operators, and other parties who could be held liable for a car accident. As autonomous vehicles don't have a driver, that changes the legal landscape significantly.

Under Colorado's new legislation, liability in the event of an accident involving an autonomous vehicle will depend on several factors. This includes issues with the vehicle's hardware or software. The part responsible for the car accident in Denver could be the party that manufactured or designed that specific component of the AV. For example, if the vehicle's software or sensors failed to function properly, the company that created or maintains the software could also face legal consequences.

Generally, the injury victim would most likely file a claim against the car manufacturer first because they are the primary party responsible for the vehicle. However, as liable parties become more clear, the victims may have to file claims against the specific at-fault party. You can consult with a Denver lawyer familiar with car accidents to check how this legislation applies to your case.

Child Safety

In 2024, Colorado updated its child safety laws that apply to personal injury claims involving car accidents. Children who are under the age of 8 now must use a booster seat. The previous age for this requirement was 8.

Children who are 2 and weigh less than 40 pounds, must use a rear-facing car seat in the back. Previously, this law only applied to children who were 1 and younger and weighed 20 pounds or less. The updated child safety laws could impact personal injury claims. If the laws aren't followed, it could affect liability. Non-compliance may strengthen claims by showing negligence. Proper restraint could also influence the severity of injuries and compensation amounts.

How to Navigate Legislative Changes?

The first step to navigating legal changes that could impact your personal injury claim is to do so under the specific provision of the new laws. You can do your own research, but to make it easier for you and for greater reliability, you should engage a personal injury attorney in Denver. They can offer insights into whether the changes will affect your case positively or introduce new challenges.

Once you understand the impact of the legislation, you can work with your attorney to build a strong case. Most of the new legislation involved emerging technologies or trends in accident patterns, however, the federal and state government can introduce new laws for all types of issues. Some of the laws might not directly impact your case.

However, it's important to stay updated throughout the claims process, as laws can change over time. What might not have been relevant at the start of your case could become a critical issue.