Negligence in a scooter accident case in Denver, Colorado - Front Range Injury Attorneys

Negligence in a scooter accident case in Denver, Colorado

In a personal injury case, you can recover your damages from a party that caused the accident and has legal liability to compensate you. A scooter accident case often involves negligence as the factual and legal liability for your injuries and damages. Negligence means the responsible person failed to take proper care in driving or other act that caused your injury. If you suffered a scooter accident in Denver, Colorado due to someone else’s negligence, contact our scooter accident attorneys for a free case review.

What does being negligent mean?

Negligence refers to the failure to exercise reasonable care or caution, leading to harm or injury to oneself or others. It is an important concept that encompasses a wide range of situations, from personal responsibilities to legal obligations. When someone is negligent, they display a lack of diligence or prudence, often resulting in negative outcomes. Understanding the meaning of negligence is essential for navigating various aspects of life and ensuring the well-being of oneself and others.

Legal Interpretation of Negligence

In the legal realm, negligence holds a distinct significance. It is a fundamental concept in tort law, which addresses civil wrongs and personal injuries. To prove negligence in a legal context, specific elements must be established. These elements serve as the foundation for determining liability and compensating victims of negligence. The legal interpretation of negligence revolves around the concept of duty of care, breach of duty, causation, and damages.

What are the elements of negligence in Colorado?

To prove your case for negligence under Colorado law, an attorney must prove the client’s injuries resulted from four elements.

  • The defendant owed plaintiff a duty of care
  • The defendant breached the duty of care
  • That breach resulted in personal injury to the plaintiff
  • Plaintiff suffered damages as a result.

Within these elements, there are additional legal and factual questions. For example, the duty of care owed can depend upon both the facts and legal issues involved in your case. The duty of care may be inferred from a traffic safety law, what is known as negligence per se. The duty of care in a negligence care may also come from common law sources.

Duty of Care

The duty of care is a crucial element in establishing negligence. It refers to the legal obligation of an individual to exercise reasonable care and caution towards others to prevent harm. This duty is based on the expectation that individuals will act in a manner that a reasonable person would under similar circumstances. Failing to fulfill this duty can lead to legal consequences if harm occurs as a result.

Breach of Duty

Breach of duty occurs when an individual fails to meet the expected standard of care. It involves a departure from the level of caution and prudence that a reasonable person would exercise in a similar situation. A breach of duty signifies negligence and serves as evidence when establishing liability.


Causation is the link between the breach of duty and the resulting harm. It establishes that the negligent actions directly caused the injury or damage. Proving causation is essential for holding the responsible party accountable.


Damages refer to the harm or injury suffered by the victim as a result of negligence. In legal terms, damages can be physical, emotional, or financial. Compensatory damages may be awarded to the injured party to help alleviate the negative impact caused by the negligent actions.

How do you win a negligence case?

To win a negligence case in a scooter accident, you and your attorney must prove each element of negligence. If the judge or jury in your personal injury lawsuit decides your attorney did not prove each element, you lose. Your lawyer must prove not only each element of fault, but that you suffered damages and how much. A judge or jury in a trial can only award damages to the extent the evidence at trial proves your losses.

Building a Strong Case: To build a strong negligence case, you need to gather compelling evidence. This may include:

  • Evidence Gathering: Collecting documents, photographs, and other evidence related to the incident.
  • Witness Testimony: Obtaining statements from witnesses who observed the incident or can testify to the defendant’s negligence.
  • Expert Witnesses: Consulting experts who can provide professional opinions and support your case.
  • Documenting Damages: Keeping records of medical bills, lost wages, and other financial losses incurred due to the incident.

In a lawsuit, the negligent party also presents evidence and legal arguments. The negligent party’s attorney may present evidence disputing each or all elements of negligence. The defendant may also present evidence disputing the amount of your scooter accident damages. Legal defenses to negligence include: contributory negligence, comparative negligence, statute of limitations and assumption of risk.

  1. Negligence Case Investigation: Hiring an experienced attorney is essential for a successful negligence case. They will guide you through the investigation process, including the initial consultation, case evaluation, and legal research. A well-prepared attorney will analyze the facts, identify the strengths and weaknesses of your case, and devise a strategic plan.
  2. Negotiating a Settlement: Before going to trial, parties involved in a negligence case often engage in settlement negotiations. This can involve mediation or arbitration, where a neutral third party facilitates discussions. Weighing the pros and cons of settling versus going to trial is a decision best made in consultation with your attorney.
  3. Preparing for Trial: If a settlement cannot be reached, your case may proceed to trial. Preparing for trial involves developing a trial strategy, selecting jurors, crafting opening statements, and organizing evidence to present a compelling case.
  4. Presenting the Case in Court: During trial, you will have the opportunity to present your case in court. This includes conducting direct examinations of witnesses, cross-examining the opposing party’s witnesses, introducing exhibits, and delivering persuasive closing arguments.
  5. Expert Witnesses in Negligence Cases: Expert witnesses play a crucial role in negligence cases. They provide specialized knowledge and opinions that can help prove or dispute the existence of negligence. Selecting the right expert who can effectively support your case is paramount.
  6. Documenting Damages: Documenting damages is an essential part of a negligence case. You need to establish the types and extent of damages suffered, including medical expenses, property damage, lost wages, and pain and suffering. Gathering supporting evidence, such as medical records and financial documents, is crucial.

What is comparative negligence in Colorado?

Comparative negligence is a common defense to negligence under Colorado law. In negligence lawsuits, a defendant may raise contributory negligence or comparative negligence as a defense. Each state follows a different contributory or comparative negligence rule.

Colorado law follows a modified comparative negligence. Under Colorado’s modified comparative negligence rule, a plaintiff can only recover in a scooter accident lawsuit if the plaintiff is less than 50% at fault for the accident. If the jury or judge decides the plaintiff is 50% or more at fault, the plaintiff recovers zero damages.

Additionally, the plaintiff’s damages are reduced by the percentage the judge or jury decides the plaintiff is at fault. If a client is 40% at fault for the scooter accident, then the client’s damages are reduced to 60%.

Can I recover my damages from a negligent party in my Denver, Colorado scooter accident?

If someone else’s negligence caused the scooter accident, you likely can recover your damages from the negligent party. That may require you to pursue an insurance claim. You may also end up in a personal injury lawsuit in Denver, Colorado. The knowledgeable personal injury lawyers at Front Range Injury Attorneys can evaluate your case and advise you on your rights to pursue compensation for your damages.

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