Who Is at Fault in a Rear-End Collision?

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What Lawyer Deals with Car Accidents?

What Percentage Do Car Accident Lawyers Take?

What Questions Should I Ask My Car Accident Lawyer?

Will My Car Accident Lawyer Deal with the Insurance Companies for Me?

When Should You Hire an Attorney After a Car Accident?

CAR ACCIDENT SETTLEMENTS

How Is Pain and Suffering Calculated in a Car Accident Case?

What Is the Average Settlement for a Car Accident?

What Is the Average Time for a Car Accident Settlement?

Do You Always Get a Settlement From a Car Accident?

How Much is a Rear-End Accident Worth?

How Much is Pain and Suffering Worth in a Car Accident?

CAR ACCIDENT INJURIES

Can Car Accident Injuries Be Delayed?

How Long Does Pain Last After a Car Accident?

How Long After a Car Accident Can Symptoms Appear?

FREQUENTLY ASKED QUESTIONS

What Should I Do at the Scene of a Car Accident?

What Should You Do Immediately After a Car Accident?

What Should I Do in the Days Following a Car Accident?

Can You Sue Someone for a Minor Car Accident?

Can You Represent Yourself in a Car Accident Case?

Can You Sue for a Rear-End Collision?

Who Is at Fault in a Rear-End Collision?

Do You Have To Go to Court for a Car Accident?

Can I Sue After a Car Accident if I Was not Hurt?

How Is Fault Determined in a Multi-Vehicle Car Accident?

How Long Do I Have to File a Lawsuit After a Car Accident?

What Can I Do to Protect My Rights After a Car Accident?

What Damages Can I Collect for a Car Accident?

What Happens if I am At Fault for a Car Accident?

What Happens if the At-Fault Party Doesn’t Have Car Insurance?

What Is a Fair Settlement for a Car Accident?

What Is Considered a Low Impact Car Accident?

Who Can Be Sued in a Car Accident Case?

Who Is at Fault in a Rear-End Collision?In most cases, the back or “approaching” car will be found to be at blame in a rear-end accident. It is the law in certain areas that the person behind is automatically presumed to be at fault in an auto accident if it occurs because they were following too closely or were otherwise distracted driving.

Most of the time, these Colorado Springs auto accidents happen because more than one person or front driver or motorist is too preoccupied with something else to pay attention to another driver or the car in front of them.

Depending on the situation, the car in the front or rear driver of the vehicle ahead of you could be somewhat to blame. One such problem is when someone rear ends a motorist fails to provide enough room for other cars while merging or turning in front of them.

Rare and hard to substantiate, these events are rare. Identifying other driver responsible in such circumstances requires a thorough investigation into the events leading up to the collision and gathering sufficient evidence to back up the allegation. Our law firm only handles personal injury claims.

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Proving Fault and Liability in a Colorado Rear-End Collision

You’ll have to prove fault on the part of the other vehicles, the driver of the front vehicle or the car behind you, negligence on your part, and the extent of your losses before you can collect damages. To proceed, you or your Colorado Springs car accident attorney must investigate the incident and collect evidence backing up your claim.

Standard pieces of evidence in car accident cases include:

  • The police report, including documentation of any citations issued

  • Eyewitness interviews

  • Video and photos of the accident site

  • A survey of the area where the incident happened

  • Accident reconstruction

  • Expert statements.

  • Multi-vehicle accidents

The staff here has the skills to find new evidence, evaluate it, and use it to back up your insurance claims amount of loss. This is critical if you want a settlement that reflects the actual value of your case. We will focus on determining which driver is at fault, gathering evidence, staying up to date on the injury law, helping you get treatment for severe injuries, and handling the whole insurance company claims process. Call for a free consultation with an experienced attorney.

Frequency and Causes of Rear-End Collisions

The National Highway Traffic Safety Administration published a research finding that rear-ends accidents account for around 29% of all crashes that result in serious injuries or deaths. Several of the contributing factors to this sort of collision were also detailed in the research. If the car in the “lead” position was found to have done any of the following, researchers found an increased risk of an accident:

  • It was going much more slowly than the oncoming car.

  • Both the forward and reverse velocities suddenly slowed to a standstill.

  • Most rear-end accidents occurred because the oncoming motorist was inattentive.

If the rear driver and the lead driver hadn’t been paying attention, they would have seen the leading car coming too fast and could apply the brakes or swerved out of the rear car’ path in time to prevent a severe rear-ended collision. Several jurisdictions have passed rules establishing sufficient car spacing since tailgating is another significant cause of rear-end incidents.

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When the Lead Driver May Be At Fault

The negligent lead driver in the front seat may have some justification for placing some blame for a rear-end collision on their shoulders. These occurrences are uncommon, as shown by the same report that the NHTSA released. When they do happen, either the lead driver or the driver is at fault or may be at fault for:

  • Not giving adequate room while merging in front of another car.

  • Doing a U-turn in front of oncoming traffic without leaving sufficient space.

  • Drunk or otherwise impaired driving causes car accidents or endangers other motorists.

  • Driving back into the back of another car.

  • The driver pulls suddenly in front of you.

  • Uninsured driver

  • Rear end driver is driving too fast

Depending on the vehicle speed and proximity of the lead vehicle to the next car, the leading vehicle ahead driver may or may not be to blame. If the car behind was going the speed limit, but the lead vehicle still crashed because there wasn’t enough room to stop, the person behind the steering wheel or in the back may only be partially at fault.

Consequences of Rear-Endings

Rear-ending may have minor to significant repercussions. Depending on how badly you were rear-ended, the results may be disastrous. The Insurance Information Institute (III) found that in 2017, rear-end collisions accounted for 7.2% of all crash-related deaths.

Most rear-end collisions cause minor damage, so drivers may arrange it without contacting a lawyer. According to Canadian Family Physicians, even those vehicles involved only in low-speed rear-end incidents may later reveal serious injuries. The following are examples of severe injuries sustained by vehicles involved in this sort of rear hits Colorado Springs car accident:

  • Scrapes and bumps from the seatbelt, wheel, and airbag

  • Whiplash

  • Bone chips

  • Rib fractures

  • Headaches

  • Lower back discomfort.

As well as having real-world human repercussions, rear-end crashes may cause a wide range of car damage. Damage might include scuffed bumpers, brake lights, burned-out bulbs, collapsed trunks, and crooked steering wheels. Multi-vehicle pileups and wrecked automobiles are possible outcomes of the worst incidents.

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Holding the At-Fault Driver Accountable

You may be entitled to financial compensation if you were injured in a recent rear-end collision and feel the other vehicle’s front driver was at fault in the rear. The different vehicle speeds and the front driver’s carelessness must be shown in your case.

  • You may be able to show the other driver’s fault using evidence like

  • Testimony from drivers and pedestrians in the area.

  • Footage from traffic cameras at the junction or along the road where the accident happened.

  • Documentation of the extent and location of damage sustained by each vehicle.

Whether you were in the front or back seat during a rear-end incident, a Colorado Springs car accident attorney may help you recover compensation.

Even If You Were the Rear Driver, the Accident Might Not Be Your Fault

In a rear-end collision, most drivers expect the at-fault driver to pay for any damages. Yet every car crash is different, and there are exceptions to this rule when figuring out who’s at blame in a rear-end collision.

The Colorado Court of Appeals agreed in Anderson v. May that the onus of proof of non-negligence shifts on the driver in the other rear car. Hence, even while the court will likely rule that the rear driver not following the other vehicle is at fault for causing the accident, that rear driver will still have the chance to provide evidence proving fault otherwise.

  • The backseat driver can disprove the assumption of responsibility if they can show that they:

  • Were in complete command of their vehicle before the crash;

  • Were alert to their surroundings; and

  • Gave themselves enough space between their car and the automobile in front of them.

  • There was no way to prevent the crash due to the risk presented by the car in front of them.

  • The condition of the accident scene

What Is the Sudden-Emergency Doctrine?

The driver’s safety b, other motorists, passengers, & pedestrians should always come first. The driver’s duty of care may be broken in several ways, including driving recklessly, distracted driving, or drunk driving (for example, an uninsured driver at an unsafe speed or impaired).

It is reasonable to hold a motorist responsible for causing a rear end of an accident by not braking suddenly following too closely, violating the duty of care. Yet, there are times when drivers may be unable to brake suddenly and suddenly escape a rear-end accident.

The sudden-emergency theory would apply to establishing which driver is at fault in such a situation. The Legal Information Institute explains that under this approach, drivers are not responsible for accidents they cause when confronted with an unexpected threat that they could not have prevented, even if they had taken all necessary precautions.

For instance, if you are following a car at a reasonable and safe distance, and it abruptly stops short, but there is no shoulder to make enough space to veer into, you may be doomed to crash. The sudden-emergency theory might be used to argue that you were not genuinely negligent in this situation.

Both Drivers Could Be At Fault in a Rear-End Collision

In some instances, you and the driver b the other motorist in a rear-end accident may share part of the blame.

Each motorist who is at fault in a rear end collision an automobile accident may be held accountable for damages if judged negligent, even if they are only partly at fault in the rear. Article 2323 of Colorado’s Civil Code details the state’s comparative negligence legislation. Pure comparative negligence is the standard in this state.

If a victim of a personal injury accident is found to have contributed to the incident in any way, their ability to recover the compensation they get will be decreased.

In the case of a rear-end collision, for instance, both drivers may be held equally at fault if the front driver abruptly braked while the trailing the driver of the rear vehicle or the trailing driver of the back vehicle failed to maintain a safe following distance reasonable distance. Due to the 50/50 split of blame, neither side may be able to collect more than half of their losses.

You Can Sue for Injuries and Wrongful Death After a Rear-End Collision

Collisions from behind and rear-end crashes may cause anything from minor pain to life-threatening injuries. It’s common to assume that a rear-end collision is negligible, but this isn’t always true. Some rear vehicle side accident victims have lifelong injuries that cause excruciating agony or render them unable to work.

A victim of a severe rear-end accident may not survive their ordeal. In such cases, the injured party or surviving relatives in Colorado may file a claim for monetary damages and loss of Support under the Colorado Code of Criminal Procedure.

Recoverable Damages in Rear-End Collisions

You may be able to obtain compensation for your medical bills and lost wages after a rear-end crash front-end collision. Your damages from the back to rear end crash accident are as follows.

In a typical claim for damages after a rear-end collision, the plaintiff may seek reimbursement for things like

  • Medical expenses.

  • Consequences for the Future of Healthcare

  • Wrongful death damages for surviving family members include:

  • Missed pay from missing work

  • Reduced capacity to work and make a livelihood

  • Property damage

  • Rental vehicle costs

  • Further accident-related expenditures

  • Pain and suffering

Benefits of Hiring a Colorado Springs car accident Attorney to File Your Colorado Car Insurance Claim

Victims of rear-end accidents are not required to use the services of a claims adjuster. This, however, is not without its stresses and demands much time and effort. If you retain our legal services, you may focus entirely on recuperating from your injuries and restoring your life.

Our car accident personal injury claim lawyers will do the following for a car accident lawyer for you:

  • Investigate your Accident

  • Prove your claim

  • Protect your rights

  • Manage communication with insurance

  • Prepare and file your claim

  • Handle negotiations

  • Sue the at-fault driver and present evidence at trial (if necessary)

  • Advocate for you.

Since we represent clients based on contingency fee schedules, we do not ask for any of your family’s money up in advance. Instead, we get compensated based on how much money we can recover for you.

There is a statute of limitations of 3 years or fewer to file a personal injury lawsuit in Colorado, so please get in touch with our office as soon as possible if you think we can assist you.

Get Support From a Car Accident Attorney

A car accident lawyer may be able to help you figure out who is at blame in a recent or who is at fault in a serious rear ending back-end collision back-end incident you were involved in. If the other motorist was even partly at fault in a rear end collision, you might still be entitled to compensation.

If you retain the services of Warrior Car Accident Attorneys, we will investigate the circumstances surrounding your Accident and assist you in establishing liability. We may also help you construct your case and pursue compensation for your injuries and losses if the accident was the fault of another motorist.

As we are a contingency fee practice, our clients owe us nothing until we recover money for them. For more information, please get in touch with us at 719-300-1200. 

CAR ACCIDENT LAWYER

How Do I Find a Good Car Accident Lawyer?

How Much Do Lawyers Charge for Car Accident Claims?

How Much Will It Cost to Hire a Car Accident Lawyer?

Is it Worth Hiring a Car Accident Lawyer?

Should I Hire a Car Accident Lawyer for a Minor Accident?

What Does a Car Accident Lawyer Do?

What Information Does My Car Accident Lawyer Need from Me?

What Lawyer Deals with Car Accidents?

What Percentage Do Car Accident Lawyers Take?

What Questions Should I Ask My Car Accident Lawyer?

Will My Car Accident Lawyer Deal with the Insurance Companies for Me?

When Should You Hire an Attorney After a Car Accident?

CAR ACCIDENT SETTLEMENTS

How Is Pain and Suffering Calculated in a Car Accident Case?

What Is the Average Settlement for a Car Accident?

What Is the Average Time for a Car Accident Settlement?

Do You Always Get a Settlement From a Car Accident?

How Much is a Rear-End Accident Worth?

How Much is Pain and Suffering Worth in a Car Accident?

CAR ACCIDENT INJURIES

Can Car Accident Injuries Be Delayed?

How Long After a Car Accident Can Symptoms Appear?

How Long Does Pain Last After a Car Accident?

FREQUENTLY ASKED QUESTIONS

What Should I Do at the Scene of a Car Accident?

What Should You Do Immediately After a Car Accident?

What Should I Do in the Days Following a Car Accident?

Can You Sue Someone for a Minor Car Accident?

Can You Represent Yourself in a Car Accident Case?

Can You Sue for a Rear-End Collision?

Can I Sue After a Car Accident if I Was not Hurt?

Do You Have To Go to Court for a Car Accident?

How Is Fault Determined in a Multi-Vehicle Car Accident?

How Long Do I Have to File a Lawsuit After a Car Accident?

What Can I Do to Protect My Rights After a Car Accident?

What Damages Can I Collect for a Car Accident?

What Happens if I am At Fault for a Car Accident?

What Happens if the At-Fault Party Doesn’t Have Car Insurance?

What Is a Fair Settlement for a Car Accident?

What Is Considered a Low Impact Car Accident?

Who Can Be Sued in a Car Accident Case?

Who Is at Fault in a Rear-End Collision?

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