Rear-End Collision Lawyers in Denver, ColoradoLast updated on: April 7, 2021
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Rear-end collisions are some of the most common types of accidents in the United States, and they frequently occur in Denver. Injuries from these accidents may range from minor to severe and life-threatening, often depending on the vehicles’ speeds and other factors such as vehicle size. While many rear-end collisions do not result in fatal or life-threatening injuries, victims may nonetheless suffer serious injuries after being rear-ended.
If you or your loved one has been rear-ended in Denver, you should contact the experienced car accident attorneys from Zinda Law Group at (800) 863-5312 today for a free consultation. If we are not able to win your case, you will not owe us anything.
whY do most rear-end collisions occur?
Rear-end accidents may occur in almost any particular traffic situation for a variety of causes. However, there are various factors that may indicate a higher likelihood of a fender bender occurring in Denver. For example, these collisions are often more likely to occur when one or more of the following factors are present:
- Poor weather conditions, such as rain or ice, causing slick roads
- Heavy traffic causing vehicles to be packed together tightly
- The driver in front cuts off another driver
- The driver in front slows down or stops suddenly at an intersection
- The driver in the rear gets too close to the driver in front or is tailgating
- The driver in the rear is fatigued, distracted, or otherwise inattentive
- The driver in the rear is speeding, resulting in a longer stopping distance
Common causes of rear-end collisions
Aside from common factors that may increase the likelihood of a rear-end collision happening, some specific causes of these accidents often stem from distracted driving and may include:
- Texting and driving
- Listening to music too loudly while driving and losing focus on the road
- Failing to keep one’s attention on the road at all times, such as by turning one’s head to look at a distraction
- Rough-housing between passengers and potentially also the driver
- Making a cell phone call while driving
- Improper lane changing or merging
common injuries suffered in rear-end collisions
While many accidents suffered in a fender bender in Denver may leave you with relatively mild or manageable injuries, some collisions lead to suffering serious or even life-threatening injuries. Commonly suffered injuries in car accidents include:
- Whiplash injuries to the neck
- Seatbelt rash injuries
- Soft tissue neck or spinal injuries
- Knee injuries, often from striking the dashboard at the point of impact with the other vehicle
- Head injuries, which are often serious
- Chest and shoulder injuries
- Internal injuries or bleeding
- Facial injuries or disfigurement
colorado laws on following too closely
Perhaps the most important Colorado law intended to prevent many rear-end collisions is Colorado’s “following too closely” law. Pursuant to Colorado Revised Statute § 42-4-1008, Colorado law prohibits drivers from following another vehicle “more closely than is reasonable and prudent” taking into consideration the speed of such vehicles as well as the traffic on the road and the condition of the roadway itself, such as if the road is wet due to poor weather conditions.
which driver may be liable for a rear-end collision?
Despite many common misconceptions, and what many insurance companies may claim, the driver in rear is not always automatically at-fault for a rear-end collision. As a result, the driver in the back is not going to always be liable for every rear-end accident. If you have been rear-ended in Denver, and you suffered injuries, you should contact an experienced personal injury lawyer in Denver like the skilled team at Zinda Law Group to help you better understand who may be liable for your injuries. Depending on the circumstances of your specific case, the driver of the vehicle in the rear, or the driver in front may either be liable for your injuries.
Driver in the Front
Despite the common misconception that the driver in the rear is always liable for rear-end collisions, the driver in the front may be liable for such accidents in a number of situations. Further, this potential liability often goes beyond simply if the driver in front was attempting to “brake-check” you by slamming on breaks in response to perceiving a driver in the rear as tailgating. For example, the driver in front may be liable for your rear-end accident for various reasons, such as:
- Causing a crash intentionally such as by slamming on brakes after observing the car in the rear following too closely
- Failing to leave the road when experiencing car trouble
- Accelerating in reverse
- Slamming on brakes for no reason or when it was inappropriate to do so
- Driving at a very slow pace when traffic conditions do not justify doing so or with no reason and impeding traffic
- Leaving the vehicle in the roadway while failing to turn on hazard lights or other warning signals
- Stopping suddenly while failing to turn off
- Failing to keep brake lights and other safety equipment in operable condition
Finally, your lawyer may also be able to prove the driver in front was responsible for your accident in cases where driver fraud led to the accident. In some cases, the driver in front may have intentionally caused an accident, such as by backing up to hit your car while you are stopped at a red light, before then blaming you for the damage.
Drivers may also work together to box in a third, unsuspecting driver until the driver in front slams on brakes to cause an accident. Then, passengers in the vehicle in front will file their own claims for damages, which may include inflated amounts demanded to compensate them for their pain and suffering. Your personal injury lawyer in Denver may help you understand each of these requirements and factors regarding potential liability for anyone who may have been responsible for causing your collision.
Driver in the Back
Meanwhile, the driver in the rear may indeed be liable in many rear-end collisions, but this liability is not automatic, and your Denver rear-end collision lawyer will still need to prove the driver in the rear was at-fault for the accident, such as by proving that one or more of the following circumstances applied to the driver in the rear:
- Failing to keep their eyes on the road
- Following too closely and leaving enough space to stop between the vehicles, pursuant to CO Rev. Stat. § 42-4-1008
- Driving recklessly
- Tailgating the driver in front
- Texting and driving
- Driving while under the influence of alcohol or drugs
- Failing to maintain the vehicle properly such as ensuring brakes are functioning properly
how may comparative negligence affect my case?
Comparative negligence laws in Colorado may also impact the value of your case. For example, a fender bender in Denver often involves comparative negligence. In some rear-end accidents, one driver may only be partially at fault for causing the collision. Under Colorado’s comparative negligence system, this allows for more than one party to be at fault for a rear-end collision. Both parties may be to blame for the accident; it must be determined how much fault to assign to each party for purposes of calculating the amount of your injuries and damages that the other driver may be responsible for paying.
Often, a jury may determine the overall amount of your injuries, and then determine what percentage of the fault may be attributable to each party. Then, the jury may simply subtract the percentage attributable to your own negligence, before then potentially awarding you with the full amount of compensation.
colorado statute of limitations
In Colorado, you will generally only have three years from the date of your rear-end collision in which to file any potential lawsuit. If you were injured in Denver in a rear-end collision, you should contact an attorney as soon as possible to make sure you do not inadvertently wait too long to file any potential lawsuit to seek any compensation you may be entitled to. Pursuant to Colorado Revised Statute 13-80-101, the statute of limitations, or legal time limits for filing a claim seeking compensation for injuries suffered in car accidents, continues to be three years from the date the accident occurred. However, if you are filing a wrongful death claim after a death of your loved one, the statute of limitations will only be two years, pursuant to CO Rev. Stat. 13-21-201.
how zinda law group can help you
Fortunately, by hiring an experienced rear-end collision lawyer in Denver, you will have access to numerous resources which will help you put together a strong case to pursue any potential claim. Our attorneys may help you first understand your legal options better, before then discussing potential next steps with you. Your lawyer may often discuss who may be liable for the accident and your injuries, as well as how you may be able to file a claim with the applicable insurance company before you file a personal injury lawsuit.
Further, the skilled team at Zinda Law Group may be able to help you pursue any compensation you may be entitled to through a variety of additional ways, including:
- Thoroughly investigating your evidence to determine who may have been at fault
- Gathering as much evidence and documentation as possible to support your case
- Filing a claim with the insurance company on your behalf
- Negotiating with the insurer on your behalf to reach a mutually satisfactory settlement agreement
- Filing a personal injury lawsuit if no settlement can be reached
- Taking your case to trial where your attorney will be tasked with convincing the jury that the other party was liable for the accident and any of your resulting injuries, the extent of which your attorney will also have to prove
CONSULT THE rear-end collision LAWYERS AT ZINDA LAW GROUP TODAY
At Zinda Law Group, we have a skilled team of rear-end collision lawyers who help clients pursue any compensation they may be entitled to after being injured in a rear-end accident, fender bender, or any other car accident in the Denver area. Zinda Law Group may be able to help you pursue compensation by handling your claim and any potential lawsuit for you while allowing you to focus on recovering from any of your injuries suffered in the accident.
Our attorneys have years of experience helping victims of car accidents pursue the maximum compensation they may be entitled to after being injured in a rear-end collision in Denver. Call (800) 863-5312 today for a free consultation with one of our Colorado personal injury lawyers. You will not pay anything unless we can win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.