NFL Quarterback Missed Broncos Game After a Car Accident

On October 27, 2024, the Denver Broncos beat the Carolina Panthers at Empower Field at Mile High 28-14. Unfortunately, veteran quarterback Andy Dalton was not available for the game after he and his family were involved in a car accident Tuesday afternoon. Dalton’s wife, Jordan, posted the family was “a little banged up.” Specifically, Dalton sprained his thumb in the car accident. The sprain was bad enough to force Dalton to miss this week’s game against the Broncos. The Colorado car accident lawyers at Bowman Law decided to use Dalton’s accident to discuss lost wages after a car accident.

Damages Recoverable After a Car Accident

The measure for damages in a personal injury case is the dollar amount that will restore the victim to the financial equivalent before the injury. The evaluation starts with liability. If an investigation determines Dalton was not at-fault for the accident, he may be able to recover damages resulting from the accident. While medical bills are typically the most significant form of quantifiable economic damages, a proper evaluation requires the consideration of lost wages  and lost earning capacity.

Lost wages and Lost earning capacity damages compensate victims for an impairment of the ability to earn money that would have existed but for another’s negligence. The standard measure is stated in general terms as the difference between what the victim could earn before the negligent conduct and what the victim actually earned. Loss earning capacity is based on hypothetical events. Because predictions about earning potential are necessarily speculative, there is usually some level of uncertainty inherent in any determination of lost earning. Consequently, Colorado courts make clear an exact calculation of what a victim would have earned is unnecessary.

Dalton, like all NFL players, receives a weekly salary. These payouts, called game checks, represent a weekly pro-rata portion of a player’s yearly salary. As the name suggests, players receive checks throughout the season as they play in games. If a player is injured and misses a game, NFL rules require the team to pay the player if the injury was related to playing football or otherwise part of his team’s activities. However, teams are not required to pay players if they get hurt in an incident unrelated to playing football or otherwise part of the team’s activities.  

Unfortunately, Dalton’s injuries are likely to fall outside the scope of team activities because, at the time of the accident, he was picking up his children from school and driving for personal use. Even though the accident was not his fault, the Panthers would likely not have to pay Dalton for the game he missed against the Broncos, nor any other game he subsequently misses because of the accident.

Does that mean Dalton is out a quarter million dollars? Not necessarily. Victims of personal injury in a car accident may recover damages to make them whole. Depending on the at-fault driver’s insurance policy, Dalton could seek compensatory damages that include the lost wages he suffered by not being able to play on Sunday. This is obviously a significant amount of money and, if the at-fault party’s insurance coverage is sufficient, must be the focus of recovery for Dalton.

Proving Lost Wages After a Car Accident

Anytime someone is injured in a car accident to the point they cannot work, they should be compensated for the wages lost. To get lost income, a car accident victim has to show the accident resulted in the victim missing time from work. It must be shown there were no ancillary unrelated reasons.

While Dalton is a professional quarterback who has earned millions of dollars in his career, he could be entitled to lost wages just like anyone else if the accident was not his fault. If the Panthers do not give Dalton a game check for the Broncos game, he could bring a claim for lost wages to compensate him for the missed income. Dalton’s salary this year is $4,000,000. NFL teams play 17 regular season games, meaning Dalton could potentially miss out on approximately $235,295.00 when he missed the game in Denver. So how can Dalton prove his lost wages?

• Paystubs

Players’ paystubs look similar to those many of us receive. Paystubs are the easiest and most common way to demonstrate lost wages, as they contain nearly all the information required to establish lost income.

Noteworthy, even if Dalton ends up getting paid for the Broncos game, he still could potentially claim lost wages. If Dalton gets paid pursuant to benefits he has with the Panthers or the NFL, he can still claim lost wages. As with anyone who receives benefits from their employer, such as sick and/or vacation time, Dalton would not lose his lost wages claim simply because he actually received money for the Broncos game. These benefits are there for the player’s choosing. Had the accident not occurred, Dalton would not have had to use these potential benefits. Therefore, the value of those benefits must still be compensated. This concept applies to anyone who uses benefits while missing work because of a car accident, whether an NFL quarterback, doctor, construction worker, police officer or any other occupation.

• Loss Earning Capacity

You can recover past missed income, or used benefits, if they are caused by an at-fault driver in a car accident. However, victims can also recover for lost earning capacity if they can provide evidence of an impairment to earn money in the future. Lost earning capacity is defined as the difference between what a victim could earn before the negligent conduct of another and what the victim actually earned. Lost earning capacity is speculative and always contains some uncertainty. Thankfully, Colorado courts establish an exact calculation is unnecessary.

In Dalton’s case, he may have the ability to claim lost earning capacity, depending on what happens in the future. For instance, if Dalton’s thumb injury is bad enough to force him to retire, he can claim lost earning capacity for future games he would have played if he had not needed to retire. While Dalton is 36 years old, he has not indicated he plans to retire from the NFL anytime soon. If this thumb injury does force him into early retirement, he can show supporting documentation of what he expected to earn in future seasons had he kept playing.

Contact a Car Accident Lawyer to Discuss Lost Wages

Even if you are not an NFL quarterback, you have a right to be compensated for what you lost after a Colorado car accident. If you or a loved one suffered lost wages after a Colorado car accident, contact the Colorado car accident lawyers at Bowman Law at 720.863.6904 or email us. Our experienced Colorado car accident lawyers are standing by to speak with you