Legal Question in Personal Injury in Colorado

FATAL CAR ACCIDENT: My friend and her 10 yr. old son were killed. This intersection

has a lot of accidents. 2006-2014 only 3 fatalities. The girl driving the other vehicle was not injured, and this is her statement given to the police when they arrived. Officer asked (how fast were you driving?) Girl Answered (I'm not sure, the light turned yellow so I sped up) Officer asked (why didn't you try to stop?) Girl Answered I had the right of way if some one hits me it's their fault. The intersection is Bradley and Mark Sheffel Roads. 80925 The traffic signal is red, until an approaching vehicle triggers the sensor and than it turns green, My friend was driving 70 MPH when her light turned green and she hit the brakes and turned the wheel, her attempts to avoid the accident. The other vehicle was driving 72 MPH when her light turned green, and she doesn't hit the brakes and admits to speeding up when her light turned yellow.

FACTS: Both drivers were speeding. Only one driver made attempts to avoid the

collision and her and her son are dead. WHO IS ACOUNTABLE?

Asked on 10/30/14, 7:26 am

1 Answer from Attorneys

Evan Banker Chalat Hatten Koupal & Banker PC

I am so sorry for your loss. I've read the news coverage on this accident, and this would be a complex case. There are unusual right-of-way issues if both drivers were in fact seeing a green or yellow light at the time of the collision, and potential government immunity issues if the signal was not working properly. These are highly fact-based inquiries, and I would need more information to answer your question definitively. More importantly in the short term, while the case against the other driver is subject to a two year statute of limitations (it is shorter for wrongful death than general automobile collisions) any potential claims against the city for the operation of the traffic signal must be initiated with a CGIA notice within 180 days of the collision. It is imperative that if your friend's husband is even considering pursuing that claim, he retain counsel promptly. I would be glad to speak with him without charge or obligation to explain in further detail.


Evan Banker

Chalat Hatten Koupal & Banker

(303) 861-1042

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Answered on 10/30/14, 9:33 am

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