Colorado Rear-End Collision Accident Attorneys

Our Colorado car accident lawyers will assess your case to gather relevant evidence to determine the cause of the collision. We will find proof that the other driver was liable for the accident and, in turn, should fairly compensate you.

Since rear-ended accidents can be complicated, our team at Bachus & Schanker — located at multiple offices across the state (Denver, Aurora, Colorado Springs, Englewood, and Fort Collins) and in Cheyenne, WY — will carefully examine every element of the accident you were involved in to build a strong case.

What Are Common Causes Of Rear-End Accidents?

Although improvements to vehicle safety features can help avoid accidents, rear-end collisions are still one of the most common types of car accidents in the U.S. Some causes include:

• Distracted driving, texting, talking on the phone
• Reaching for something in the vehicle
• Tailgating, failing to leave a clear distance ahead
• Weather conditions, sliding on wet pavement
• Poor road maintenance
• Brake failure
• Broken tail lights
• Drunk driving, driving under the influence of drugs
• Not accounting for lighting, driving at night without enough stopping distance
• Medical emergency

• Driver fatigue
• Speeding
• Brake checking (When a driver ahead believes the one behind is following too closely and suddenly applies their brakes as a warning.)
• Unexpected driver behavior (As a driver, you typically expect other drivers to behave in a certain manner in particular situations. For instance, safely change lanes on a broken white line on the road. If a driver suddenly behaves unexpectedly and initiates lane changing on a solid white line, you may run into them if there is no space and time to respond safely.)

These are only some of the common causes of rear-end accidents. Any error on the road can result in another driver hitting your car’s rear.  

What Kinds Of Injuries Do Victims Suffer In Rear-End Collisions?

Being suddenly struck from behind can result in several kinds of rear-ended injuries, especially when the impact causes you to collide with another vehicle or object ahead of you. Victims may suffer injuries such as:

• Broken bones
• Soft tissue damage, whiplash, neck injury
• Spinal cord injuries
• Back sprains
• Traumatic brain injury
• Cuts, contusions, bruising
• Internal organ damage
• Mental health injuries, PTSD, anxiety, flashbacks
• Emotional anguish
• Loss of lifestyle and life expectancy
• Facial disfigurement

Physical and mental injuries can result from a car accident. Fortunately, state law allows for compensation for all kinds of damages, including pain and suffering.

Whether you suffer minor or major injuries in a rear-end accident, it’s crucial to seek immediate medical attention. This is because you can suffer a serious injury without knowing, particularly when the injury is not visible. 

Since an accident can be traumatic, your body will quickly respond by releasing adrenaline into the bloodstream, preparing it for a fight-or-flight response. Accordingly, you will experience adrenaline symptoms, such as an increased heart rate, blood flow to muscles, breathing rate, and blood sugar levels. These symptoms can mask pain, allowing you to escape the danger.

You may only realize you sustained an injury in the accident once adrenaline subsides, which can be hours or days later. By this time, the injury may have worsened. Thus, you should visit a doctor after a rear-end collision to be examined.

Also, with detailed medical documentation, claiming damages can be more manageable, as you can link the accident to your injuries. It can be challenging to create this link if you take too long to visit a doctor.

What Damages Can You Recover In A Rear-End Car Accident Case?

When you bring a claim for compensation after being rear-ended in an accident, you may be able to recover costs due to:

• Medical bills
• Disability
• Mental health therapy for emotional distress
• Physical therapy
• Medical accessories like wheelchairs and crutches
• Nursing care, in-home services, both medical and non-medical
• Emotional anguish
• Physical pain
• Loss of income
• Property damage

It’s important to work with an experienced car accident lawyer who will fully value your claim and ensure you get the maximum compensation available under the law. Contact our skilled legal team to learn how we can help.

We will assess every damage you sustain to ensure you receive just compensation. Note that some of the damages you suffer from a rear-end accident can affect your life for years. For example, you may incur ongoing medical expenses or be unable to earn as you did before the accident (loss of future earning potential). 

If you fail to consider such factors when claiming compensation, you may end up spending thousands of dollars out of pocket in the future. Our car accident attorneys will examine every aspect of your life affected by the accident to determine the appropriate amount to claim.

Who Is At Fault In A Rear-End Collision In Colorado?

Generally, the driver in the back is at fault for a rear-end collision. However, the rear driver isn’t always to blame for failing to stop. Sometimes, the driver in front may also cause a rear-end accident. A rear-end car accident lawyer can help to determine fault, collect evidence, and build a strong case on your behalf.

The law for following too closely in Colorado (Colorado Revised Statutes § 42-4-1008) states that a driver may not follow another vehicle more closely than is reasonable and prudent. More specifically, the Colorado DMV says drivers should use the three-second rule when following a car.

Drivers should also be prepared to stop far enough behind another vehicle so that the rear wheels of the car ahead are visible. If drivers fail to follow these rules, there’s a good chance they are at fault for rear-end crashes.

How Can Rear-End Car Accident Lawyers Help?

Rear-end car accidents can be devastating and result in unwanted pain and suffering. Car accident lawyers represent individuals injured in crashes and collisions with:

Investigating The Incident

To investigate the incident, your lawyer can obtain more information about the accident from you and the witnesses. They can also review the photos you took at the accident scene to gather more information regarding the location of the vehicles, weather conditions, and surroundings. Such an investigation should prove negligence and causation of the accident, two critical elements in car accident claims.

Filing Claims

Once your lawyer determines you have sufficient grounds to file a claim with the other driver’s insurance company, they can guide you on the following processes and documents to submit.

Building Evidence

Your lawyer will continue gathering any solid evidence that can support your claims, including medical records, police reports, witness statements, and evidence of lost wages and any other accident-related costs.

Negotiating Settlements

If the insurance company accepts your claim, a settlement negotiation will begin. A rear-end accident lawyer can build a strong case to prove you deserve the compensation you are asking for. 

Negotiating settlements can take time. A skilled rear-end accident attorney will only agree to a fair settlement.

If Necessary, Take Your Case To Trial

If the other driver’s insurer refuses to offer fair compensation during negotiations or denies responsibility altogether, your next step should be to take the case to court. Your lawyer can guide you throughout the lawsuit until you receive what you deserve.

Our Colorado rear-end car accident attorneys have the resources and determination to get results. Helping victims is all we do. We know that little details make a big difference, which is why we believe in open communication and involve our clients in all stages of the claims process. We work hard to customize a case that meets your goals so you can focus on healing with peace of mind.

FAQ

Will My Insurance Company Cover My Expenses After I’m Rear-Ended?

When a rear-end crash occurs, the parties may assume that their insurance will quickly and fairly compensate the victim for damages. However, it’s not always that simple. Insurance companies want to pay as little as possible and may contest fault. Disagreements can arise regarding damage claims or a party involved in the incident may not have sufficient insurance.

Is Colorado An At-Fault State?

Yes. Colorado abolished its no-fault laws in 2003 and became an at-fault state. An at-fault state holds a party legally liable if they cause an accident, and the victim must file a claim through the at-fault driver’s insurance. In contrast, a no-fault state allows a driver’s personal insurance to cover medical bills and damages no matter who was at fault for the accident.

Can You Be At Fault If You Get Rear-Ended?

Though it is unusual, there are some circumstances where the driver in front may be at fault. This may be the case when a car backs up after stopping and hits another vehicle or a driver pulls out in front of a car without adequate space to do so. Additionally, if the vehicle in front is in disrepair, such as broken tail lights, that driver may also be found at fault.

However, even though a driver ahead may make a mistake that causes a rear-end accident, the following driver may also be considered negligent, as they are expected to maintain a safe following distance. They should have had enough space and time to stop safely.

What Is Comparative Fault In A Rear-End Collision?

Comparative fault is when multiple drivers share responsibility for an accident. For example, the driver in the back may not have left enough room to stop for hazards ahead, but the driver in front may not have working taillights. Comparative fault fairly resolves legal responsibility and damages between the parties in cases of shared liability.

The degree of negligence for each party is expressed as a percentage. For example, a driver in front may be found to be 40% responsible for a rear-end accident and the other one at the back 60%. If a plaintiff is 50% or more at fault for a collision, they may not be eligible to claim damages.

Do I Need An Attorney After Being Rear-Ended?

A lawyer has the judgment, skill, and experience to guide you through the claims process after a rear-end collision. They utilize resources to determine what happened and help you obtain fair compensation. With the help of a Colorado rear-end accident attorney, you can have confidence that you’ve done all you can to receive the compensation you deserve.

We are conveniently located near you in Denver, Fort Collins, Colorado Springs, Aurora, Englewood, and throughout the state. We are also located in Cheyenne, Wyoming, where we are dedicated to providing our clients with quality services regarding car accident cases. Our attorneys are ready to serve you and fight for the compensation you deserve.