Who Is At Fault for a Rear-End Collision in Denver?

Rear-end collisions are the most common type of car accident in Denver, all of Colorado, and nationwide. They happen everywhere, from city streets downtown to I-70 and I-25 during rush hour. Some are fender-benders, while others result in serious injuries and even death. If you have been injured in a rear-end collision in Denver, it is vital to understand your legal rights.

You may find it difficult to think about making a claim when you are busy juggling medical appointments, repairing or replacing your vehicle, and the day-to-day pain and disruption of your injuries. The Denver car accident lawyers at Burg Simpson can help you make a claim and prevent the insurance company from taking advantage of you.

It is easy to assume that the driver in the rear is always responsible for the wreck. While that is usually the case, that does not mean their insurance company will make it easy or compensate you fairly.

Call Burg Simpson at 303-792-5595 today for a FREE case evaluation. We serve the victims of rear-end collisions in Denver and communities throughout Colorado.

Common Causes of Rear-End Accidents

Multiple factors can contribute to a rear-end collision. Determining what caused the accident is essential for proving that you are entitled to compensation.

Some of the most common reasons why one driver may rear-end another include:

• Traffic congestion: On major roads and interstates, traffic can often become backed up. Drivers may start to move, only to have to come to a sudden stop. The stopping distance between vehicles is usually minimal, and drivers may not be quick enough on the brakes.
• Adverse weather conditions: In the winter, snow and ice can make roads slick. Drivers who fail to adjust to adverse conditions may lose control and crash into the back of another vehicle.
• Distracted driving: In spite of Colorado’s new hands-free law, many motorists still engage in distracted driving. By slowing reaction time and taking the driver’s eyes and attention off the road, cell phone use and other distractions make drivers much more likely to cause an accident.
• Speeding: Motorists who speed or drive too fast for conditions have less time to stop. This can lead to major accidents on blind corners and highways, where traffic can come to a sudden halt.
• Aggressive driving: Tailgating is common in cases of aggressive driving or road rage. If the vehicle in front has to stop suddenly, the tailgating driver may slam into the back.
• Drinking and driving: Alcohol and drug use inhibit perception and decision-making. This, combined with the high speeds at which drunk driving accidents often occur, can make a rear-end crash especially serious for the victims.
• Out-of-town drivers: Tourism is a multi-billion-dollar industry in Colorado. While we welcome visitors from across the country and around the world, out-of-town drivers may get into rear-end crashes due to their unfamiliarity with local roads and rapidly changing weather.

The cause of the crash can have a significant bearing on whether you can sue for a car accident. You owe it to yourself to explore your rights as soon as possible if you have been rear-ended.

Who Is At Fault in a Rear-End Collision in Colorado?

In the event of a rear-end collision, the driver in the rear is presumed to be negligent. This standard can be found in Colorado Jury Instruction 11:12, which is the instruction given to juries for determining fault when one driver rear-ends another.

This may seem like the final word on the matter; if a driver rear-ends you, they are at fault for the accident. However, it is important to note that this instruction establishes a “presumption of negligence.” This presumption may be challenged by the defendant if the lead driver:

• Suddenly and unexpectedly stopped
• Failed to signal when merging or changing lanes
• Left too little room when changing lanes or merging
• Reversed into oncoming traffic
• Had faulty brakes or non-functioning brake lights

If the jury finds that the rear driver exercised reasonable caution given the circumstances, they may find that the lead driver was at fault. Alternatively, fault may be shared by both drivers.

What If I Was Partly At Fault for the Collision?

Colorado Revised Statutes § 13-21-111 establishes a modified comparative negligence standard. It states that a plaintiff is not barred from recovering damages so long as their share of fault was not as great as the defendant’s. This means you can still recover partial compensation if the driver rear-ended you, provided any negligence on your part is less than 50%.

Fault can be deceptively complicated in rear-end accident cases. This is especially true if you are rear-ended by a commercial truck. No matter the type of vehicle, you should speak to an attorney ASAP.

Should I Report a Rear-End Collision?

Yes. Drivers in Colorado are required to report any accident to the police that results in injury, death, or property damage (see Colorado Revised Statutes § 42-4-1606). Failure to report an accident is a class 2 misdemeanor traffic offense.

Once they are notified of an accident, the police will investigate and prepare a crash report. This report may contain critical information about the collision, including who the officer believes was at fault. If you got rear-ended in or around Denver, it is imperative to obtain a copy of the crash report when preparing your case.

What to Do After a Rear-End Collision in Denver

Nobody expects to be rear-ended. It can happen in an instant, and the consequences may be severe. You might feel dazed and even shocked afterward, making it difficult to think clearly or know what to do next.

Here is what you should do at the scene of a rear-end accident, as well as the steps to take in the days and weeks ahead:

1. Seek Medical Attention

Whiplash, brain injuries, and other types of trauma may not produce symptoms right after the crash. Timely diagnosis is crucial for starting the appropriate treatment and ensuring that these injuries do not become serious.

Call 911 if you or anyone else suffers a serious injury. Victims may need to be transported to a local hospital (such as Denver Health or HCA HealthONE Sky Ridge) for emergency care.

2. Report the Accident

As noted above, the police will need to be notified of any rear-end collision in Denver. Wait for a police officer to arrive so you can answer their questions and find out how to get a copy of the report.

3. Exchange Information with the Other Driver

You will need the driver’s:

• Name
• Address
• Contact information
• Vehicle license plate number
• Insurance information

Do not apologize or suggest that you contributed to the crash. This gives the rear driver’s insurance company grounds to challenge your claim.

4. Collect Evidence

If it safe for you to move about the scene, the following steps can help you get a jump on your car accident claim:

• Take photos of the position of the vehicles and any damage, skid marks on the road, and your injuries
• Speak to any witnesses in the area and ask how they can be reached
• Make note of weather and lighting conditions
• Gather physical evidence such as debris in the roadway, paint transfer on vehicles, etc.
• Look for nearby video cameras and request the footage

Do not worry if you are unable to collect all of this information on your own. A skilled rear-end accident lawyer in Denver can investigate on your behalf.

5. Contact a Car Accident Attorney

There is no reason not to reach out to a lawyer if you have been rear-ended. You can call Burg Simpson right from the scene at 303-792-5595.

If the other driver’s insurance company tries to contact you, it is best to avoid speaking with them until you have an attorney. The insurance company does not have your best interest in mind. A Denver rear-end accident injury lawyer will know the tricks the insurer may use to devalue your claim and fight for fair compensation on your behalf.

Common Injuries in Denver Rear-End Collisions

Drivers and passengers in the lead vehicle may sustain a number of different injuries due to the force of a rear-end impact. Common examples include:

• Bone fractures
• Whiplash and other neck injuries
• Spinal cord injuries
• Facial trauma
• Traumatic brain injuries
• Damage to internal organs
• Back injuries
• Nerve damage

A rear-end accident is a traumatic experience. Whether you start to feel pain and disorientation immediately or symptoms do not arise for several days, timely medical attention is essential for both your well-being and the success of your case.

Complete medical records document the severity of your injuries. They can also help to prove that you were hurt as a result of the accident, rather than due to a pre-existing condition or delays in seeking medical care.

What Is the Average Payout for a Rear-End Collision?

A rear-end collision in Denver can range from a minor fender-bender to a catastrophic accident. Knowing the average value of a claim will not do you much good because the damages can vary so widely.

The more important question is, how much are you entitled to? A rear-end accident attorney will seek to answer this question by accounting for all of the damages in your case. These may include:

• Medical expenses
• Lost wages
• The cost of ongoing care and household assistance
• Rehabilitation and therapy expenses
• Assistive devices, home and vehicle modifications, and other out-of-pocket costs
• Loss of earning capacity
• Permanent disability
• Scarring and disfigurement
• Pain and suffering
• Loss of enjoyment of life

If a rear-end collision results in a fatality, surviving family members may be able to recover compensation through a wrongful death claim. The damages available to you and your loved ones may include funeral and burial expenses, loss of financial support, loss of companionship, and more.

Bottom line: The payout for a rear-end accident is not one-size-fits-all. A capable car crash lawyer will evaluate multiple factors to determine the compensation you may be due and negotiate the best settlement on your behalf.

How an Accident Attorney Can Help

Many people mistakenly assume that a rear-end crash is simple or straightforward. It can actually be quite complicated, especially if the other driver’s insurance company tries to blame you or refuses to offer the compensation you deserve.

Do not hesitate to seek legal guidance if you were rear-ended due to a driver’s negligence. A car accident lawyer in Denver can help with all aspects of the claims process. This includes:

Reviewing Your Case for FREE

You may be hesitant to contact an attorney due to concerns about cost. Fortunately, most personal injury attorneys offer FREE consultations. Burg Simpson is no exception.

The initial consultation gives you the chance to discuss your case and ask questions free of charge. It is also an opportunity to determine whether you feel comfortable having this lawyer represent you.

Denver injury lawyers generally handle car accident claims on a contingency fee basis. You do not have to pay anything upfront, and you are not responsible for fees until the case is successfully resolved. This arrangement ensures that you do not have to worry about the cost of seeking legal counsel.

Investigating the Accident

Your lawyer will immediately investigate the collision to prove that the rear driver was at fault. This may require a wide range of evidence, including:

• The police crash report
• Witness statements
• Video footage of the accident
• Photos of the damaged vehicles and the accident scene
• Skid marks, debris, and other physical evidence
• Medical records

Reconstructing rear-end collisions can help to establish the sequence of events and prove that the other driver caused the accident. Experts in various fields can aid in the reconstruction, as well as provide testimony in support of your claim.

Calculating Damages

Attorneys draw on their experience to calculate the damages you may be due for a rear-end collision in Denver. There are three types of damages that may be available in your case:

• Economic damages, or losses with a quantifiable monetary value. This may include bills for medical treatment, hospital care, surgery, and rehab, as well as lost income.
• Non-economic damages, which compensate you for pain, suffering, and other adverse effects associated with the accident.
• Exemplary damages are only available at trial, and only if the court finds evidence of “fraud, malice, or willful and wanton conduct” (see Colorado Revised Statutes § 13-21-102).

You probably have some idea of the costs associated with the crash. This may include medical bills, the cost of repairing your vehicle, and money you have lost from being unable to work. A skilled lawyer can account for any and all compensable losses, both now and in the future.

Negotiating with Insurance Companies

Claims involving minor accidents are often settled quickly. However, if you were seriously injured or lost a loved one, it may take longer to negotiate a fair settlement. Waiting might be difficult, but it will be a relief having an attorney act on your behalf and not having to communicate with the insurance company on your own.

During negotiations, you can focus on recovering from your injuries. Your lawyer should communicate with you often, provide updates on your claim, and discuss any settlement offers.

Taking Your Case to Trial, If Necessary

Settlement negotiations may stall because the insurer refuses to pay what you deserve. If this is the case, the next step might be to file a car accident lawsuit.

Litigation can be time-consuming and complicated. It is crucial to have a proven trial lawyer prepare your case and represent you in court. Few car accident cases ultimately go to trial, but you need to have an experienced attorney present your case.

Insurance companies in Denver know the law firms that take their clients’ cases to trial. No insurer wants to go to court when the opposition has a reputation for winning. This increases the likelihood of a favorable settlement before trial.

Hurt in a Rear-End Collision in Denver? Burg Simpson Can Help!

Injuries in a rear-end crash can alter your life long-term or even permanently. As Good Lawyers. Changing Lives.®, Burg Simpson strives to obtain the compensation you need to recover from the accident and rebuild your life.

Proving the rear driver was at fault is of the utmost importance. Our rear-end car accident lawyers investigate immediately and collect evidence so we can prepare a strong claim on your behalf. From settlement negotiations to trial proceedings, you can count on our firm to represent you with the utmost skill and compassion.

Contact Burg Simpson for a FREE consultation if you were rear-ended in the Denver area. Our car accident attorneys serve clients throughout Colorado from our office in Englewood.