Who Is At Fault For A Rear-End Auto Accident In Colorado?
Who Is At Fault For A Rear-End Auto Accident In Colorado? A rear-end car crash in Colorado A rear-end car crash in Colorado involves two cars that are hit from behind by another car. This type of crash can be extremely dangerous and often results in serious injuries or even death. Rear-end car crashes are often caused by distracted driving, such as texting while driving. If you have been involved in a rear-end car crash, it is important to seek legal help as soon as possible. An experienced car accident lawyer can help you navigate the legal process and get the compensation you deserve.
Crash in Colorado
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 According to one Washington Post report, approximately 1. 7 million rear-end collisions occur in the U. S. each year, resulting in about half a million injuries and 17,000 fatalities. The National Highway Traffic Safety Administration (NHTSA) has concluded that 87 percent of all rear-end collisions happen for one simple reason: The at-fault driver was distracted and wasn’t paying attention to the road.
A rear-end car crash in Colorado
A rear-end car crash in Colorado involves more than one car. So what happens when not just one of the drivers is at fault? That’s where comparative negligence comes into play. Comparative negligence means more than multiple drivers can be at fault for a percentage of a rear-end crash, although it can be difficult to determine those percentages. If a driver is rear-ended by someone after coming to an abrupt stop for a hazard in the road, it may seem black and white that they are not at fault. However, if that driver was looking at their phone while driving, then looked up and suddenly had to stop for a hazard they may have seen earlier, they could be held liable for a certain percentage of the crash It might seem like identifying the at-fault driver is obvious after a rear-end crash, but there could be small details that can completely shift the liability picture. Even if fault is no longer in question, how much money the claimant is entitled to might be in dispute, especially if they were partially the cause for the accident. That’s why it’s important to at least have an initial consultation with a car accident lawyer, whose assistance can be crucial to all phases of the car accident lawsuit process, including proving fault. If there’s no lawsuit, a lawyer can ensure a favorable outcome to the car insurance settlement process.
There is a presumption of negligence in rear-end car accidents in Colorado.
Generally, the occurrence of auto accidents does not raise a presumption of negligence on behalf of a driver of an automobile in the state of Colorado. However, in the case of a rear-end collision, a presumption of negligence is raised. In cases of rear-end automobile accidents, a plaintiff is generally entitled to submit Colorado Jury Instruction-Civil 11:12 which provides “ When a driver of a motor vehicle hits another vehicle in the rear, the law presumes [, and you must find,] that the driver was negligent.”
The presumption applies to liability. Liability is when a driver is legally responsible to another driver because of his or her actions, or failure to act. In personal injury cases, there may be several parties who have a percentage of liability or legal responsibility for a rear-end auto accident.
Rear-end automobile accidents typically occur at stoplights or at intersections controlled by stop signs. When a driver is rear-ended, the crash may involve two or more cars. In accidents involving multiple cars, our attorneys have, likewise, been able to assess liability not only a driver who strikes another vehicle from the rear, but other involved vehicles who have been improperly stopped at a traffic control signal. In Arapahoe County Colorado, M.T.C 604(C)(I) requires vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line. Where drivers have not stopped at a clearly stopped limit line, liability may be assessed against other drivers who may have caused and/or contributed to an accident.
Mandelaris Law, LLC has the resources to deal with rear-end auto accident cases and the skills to deal with the insurance company to ensure full compensation for your accident-related losses. Call: (303)357-9757 to speak with an attorney free of charge today.