In most rear-end accident cases, the rear driver is considered to be at fault for the accident. Colorado drivers are required to leave sufficient distance between their vehicle and the vehicle in front of them to allow them room to slow down and stop safely when needed. When a driver fails to leave adequate space in front or fails to notice that traffic ahead is braking, the driver may cause a rear-end accident.
Rear-end accidents are common, especially at intersections, in construction zones, and on congested stretches of Colorado highways where traffic frequently backs up. Many of these accidents result in only minor damage. But some rear-end crashes cause serious injuries. It’s usually assumed that the driver in the rear caused the accident, but other factors can affect the determination of liability in a rear-end crash.
If you have been injured in a rear-end car accident in Colorado, you may be entitled to compensation for medical bills, lost earnings, property damage, and pain and suffering. The car accident attorneys at The Wilhite Law Firm have the knowledge and experience to evaluate your injury, gather evidence to support your injury claim, and help you seek a fair settlement. Contact us today for a free consultation.
How Is Fault Determined in a Colorado Rear-End Accident?
Determining fault is a necessary part of the car accident claim process. Colorado has a fault-based system in place for resolving car accidents. The driver or other party who is at fault for causing an accident is responsible for the losses that others suffer, such as medical expenses and lost wages.
While the rear driver is normally considered at-fault in a rear-end collision, sometimes the driver of the front vehicle may cause or contribute to a rear-end accident by stopping unexpectedly in an active traffic lane or driving without functioning brake lights. These kinds of factors affect the determination of fault after a collision.
In some cases, both parties may be at fault for a rear-end accident. Under Colorado’s comparative fault negligence system, an injured individual can pursue compensation for losses even when he or she is partly at fault, as long the percentage of fault is less than 50 percent.
To prove who may be liable in a rear-end car accident, a skilled rear-end accident attorney at The Wilhite Law Firm will investigate the accident. Our legal team will seek evidence, such as:
- The police accident report
- Photos and videos of the accident scene
- Statements from eyewitnesses
- Video footage from security or traffic light cameras
- Opinions from expert witnesses
- Medical records
- Income statements
- Vehicle repair estimates
What Are Common Rear-End Collision Injuries?
A rear-end collision may result in severe injuries, depending on the speed the driver in the back was traveling at the time of the accident. Some common rear-end collision injuries include:
- Whiplash – Whiplash is one of the most common injuries suffered in car crashes, particularly rear-end collisions. Whiplash is a soft-tissue injury that affects the shoulders, neck, and upper back. Whiplash often results when the head and neck are jerked violently back and forth as a result of an impact to the rear of a car. Whiplash can cause reduced range of motion in the neck, soreness, chronic pain, numbness, and other symptoms. Sometimes, a whiplash injury will not be apparent immediately after an accident. That’s why it’s so important to see a medical professional after a rear-end accident. A doctor may be able to identify and start treating your injury before you experience pain and stiffness in your neck.
- Traumatic brain injury – Traumatic brain injuries, or TBIs as they are commonly called, usually occur due to a violent blow to the head. This may occur during a rear-end collision if a person bangs their head against the steering wheel or glove compartment. TBIs can range from minor concussions to life-threatening subdural or epidural hematomas, requiring emergency medical treatment. TBIs can also result in cognitive changes, such as changes to a person’s emotions, mood, personality, and memory.
- Spine and spinal cord injuries – Spinal injuries can range from pinched nerves and herniated disc to fractured vertebrae and injuries to the spinal cord. If the spinal cord is compressed or severed, it could result in permanent paralysis.
- Internal injuries – Internal injuries often occur due to a violent blow to a certain part of the body. Common internal injuries include a punctured lung caused by a broken rib, a ruptured spleen, a ruptured liver, a ruptured diaphragm, and ruptured kidneys. Internal injuries may be life-threatening.
What is the Process for Obtaining Compensation for Losses After a Rear-End Car Accident?
If you sustained injuries in a rear-end car accident and another motorist was at fault, you may be entitled to compensation to cover the cost of your medical bills and related losses. The compensation is designed to cover:
- Medical expenses, including hospital bills, physical therapy expenses, the cost of prescription medications, treatments, procedures, tests, scans, and more
- Lost earnings, if you are unable to return to work due to your injuries
- Vehicle damage, including repairs to your vehicle
- Pain and suffering caused by the accident, which may include things like emotional distress, mental anguish, PTSD, loss of enjoyment of life, and more
Your best chance at getting the compensation you deserve is to consult with an experienced car accident attorney as soon as possible after the accident. Insurance adjusters will try various tactics to discount your settlement or deny your claim. They may even offer you a quick settlement that seems generous at first glance, but, in reality, is much less than you actually deserve.
At The Wilhite Law Firm, our attorneys have the knowledge to counter insurance companies’ tactics and help clients seek full compensation reflecting the seriousness of their losses.
Contact Our Colorado Car Accident Lawyers
If you were injured in a rear-end car accident, don’t hesitate to reach out to The Wilhite Law Firm today. Our team will evaluate your case, launch an investigation into the accident, collect pertinent evidence to strengthen your claim, identify the at-fault party, and aggressively pursue compensation on your behalf. Contact us today for a free consultation.
