Who Is at Fault for a Rear-End Collision in Colorado?
In a Colorado rear-end collision, the driver of the trailing vehicle is almost always considered at fault because state traffic law dictates that every driver must maintain a reasonable and prudent distance from the vehicle ahead. This distance must allow enough space to stop safely if the lead vehicle brakes, regardless of the reason.
Consequently, when a rear driver strikes the car in front, the law creates a strong legal presumption that the rear driver violated their duty by driving too closely, speeding, or driving while distracted. This presumption of negligence immediately places the burden on the rear driver to prove that the crash was somehow the fault of the lead driver.
However, the question of fault is not always absolute, as Colorado uses a modified comparative negligence system. The driver who was hit may bear some percentage of fault if their own negligence contributed to the crash, such as driving with non-functioning brake lights, suddenly and unnecessarily reversing, or making an abrupt, unwarranted stop to antagonize the driver behind them. If the lead driver is found to be 50% or more at fault, they cannot recover any compensation. Because insurance companies will aggressively seize upon any evidence of contributory negligence to reduce their payout, we can immediately investigate to decisively establish the rear driver's total fault and work to defeat any attempts to shift the blame to you.
How Long Do I Have to File a Rear-End Accident Lawsuit in Colorado?
Colorado’s statute of limitations restricts the amount of time you have to file a personal injury lawsuit after a rear-end accident. For most claims involving injuries from a motor vehicle accident, including a rear-end collision, the law generally grants you three years from the date of the crash to start the legal process.
If you fail to file your lawsuit before this strict deadline expires, the court will almost certainly bar your claim. You will lose all legal right to seek compensation from the negligent driver, regardless of how severe your injuries are or how clearly the other driver caused the crash.
While three years may sound like plenty of time, we cannot stress enough that a delay in contacting us can severely compromise the strength and value of your case. We urge you to act now.
Here’s why you should discuss your case with our team at Justice Now Injury Lawyers as soon as possible after a rear-end collision:
- Evidence can vanish quickly. Some of the most powerful evidence, such as skid marks, vehicle debris, witness statements, and accident scene video footage, can disappear. We can immediately dispatch investigators to secure this important evidence before it is lost, forgotten, or destroyed.
- The insurer’s clock is running. The insurance company for the at-fault driver is not waiting. They will immediately begin building a defense case against you, looking for any way to shift blame, minimize your injuries, and pressure you into a low, fast settlement before you retain aggressive legal counsel. Insurance companies fear us, and we can immediately confront them and protect you from their tactics.
- We need to connect your injuries to the crash. A gap between your accident and seeking medical attention or legal representation gives the opposing side ammunition to argue that your injuries are not serious or were caused by something other than the crash. We can establish a clear, documented timeline that directly links your trauma to the impact.
- Maximum compensation demands time. Building a case for full compensation requires exhaustive effort, including gathering all your medical records, consulting with experts, and conducting thorough discovery. Waiting until the last minute forces rushed decisions and compromises the total value we may otherwise be able to obtain.
What Types of Compensation Can I Recover in a Rear-End Accident Case?
When you suffer injuries in a rear-end accident due to negligence, you can recover damages designed to make you financially “whole” again by covering your losses. These damages are split into two primary categories: economic damages and non-economic damages.
Economic damages) compensate you for losses that have a clear, objective dollar value. These are losses that can be proven with bills, receipts, pay stubs, and other verifiable financial documentation.
We can fight to secure compensation for all current and future economic losses you face, including:
- Medical expenses
- Lost wages and earning capacity
- Property damage
Non-economic damages compensate you for the subjective, non-monetary impact the injury has had on your life. These losses do not come with a bill or receipt, making them more challenging to quantify, but they are often substantial. We can use medical evidence and testimony to establish the true value of these damages. While Colorado law places a statutory limit on the non-economic damages you can recover, we can argue for the highest award the law allows in your specific case.
Our rear-end accident attorney can pursue full compensation for your non-economic damages, which may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Understanding Your Rights After a Rear-End Accident
In the aftermath of a rear-end accident, it’s crucial to understand your rights and the steps you can take to protect yourself legally. Many victims are unaware that they may be entitled to compensation for medical expenses, lost wages, and emotional distress. At Justice Now Injury Lawyers, we believe that informed clients make the best decisions. Our knowledgeable attorneys are here to guide you through the claims process and ensure that your rights are fully protected.
Key aspects of your rights include:
- Right to Compensation: If you weren’t at fault, you could be entitled to compensation from the other driver's insurance to cover your losses.
- Right to Seek Legal Counsel: You have the right to consult with an attorney who specializes in personal injury law to understand your options best.
- Right to File a Claim: If negotiations with insurance companies fail, you have the right to pursue a legal claim in court.
- Right to Medical Care: You should seek medical attention right away, and any delay in treatment can impact your case negatively.
At Justice Now Injury Lawyers, we’re committed to helping you navigate these complex issues to ensure that your voice is heard and your needs are met. Contact us today for a free consultation, and let us help you secure the justice you deserve.
Why Choose Justice Now Injury Lawyers for Your Case?
When faced with the aftermath of a rear-end accident, choosing the right legal representation is crucial. At Justice Now Injury Lawyers, we not only specialize in personal injury cases but also deeply understand the unique challenges victims face. Here are several reasons why we stand out as your go-to law firm in Denver:
- Experienced Legal Team: Our attorneys have years of experience handling rear-end accident cases, and we are well-versed in Colorado's traffic laws and insurance regulations.
- Personalized Attention: We prioritize your needs and provide tailored legal solutions. Every case is unique, and we will develop a strategy custom-fit to your specific situation.
- No Upfront Fees: We operate on a contingency fee basis, meaning you only pay us when we secure compensation for you. This ensures that everyone has access to quality legal representation.
- Proven Track Record: Our firm has successfully recovered millions in compensation for clients, and we’re committed to fighting for your maximum recovery.
- Ongoing Support: From the initial consultation to the resolution of your case, we keep you informed every step of the way. Our team is always available to answer your questions and concerns.
Let Justice Now Injury Lawyers be your ally in navigating the complexities of your rear-end accident claim. Schedule a free consultation today to discuss your case and learn how we can help you secure the justice and compensation you deserve.
Don’t shrug off or overlook the long-term impacts of a rear-end collision. Call (720) 802-1466 or contact us online to schedule a time to explore your options for recovering compensation.
