Mintz Law Firm
Lakewood Rear End Collision Attorneys
Rear-end collisions are incredibly common, especially at intersections or on congested stretches of highways. While most of these types of collisions result in only minor damages, they still have the potential to cause serious damage. The assumption tends to be that the driver who rear-ended the other was at fault for the accident, but other factors can affect the determination of liability in rear-end accident claims.
It’s crucial to have a dedicated and skilled Lakewood rear end accident attorney at your side if you were involved in a rear-end collision. Many insurance companies focus on quickly closing claims and paying as little as possible, but at Mintz Law Firm, we don’t allow insurance companies to take advantage of our clients. We aggressively pursue our client’s right to fair compensation, even if it means going to trial.
How Is Fault Determined in a Colorado Rear-End Accident?
Determining fault is an essential part of any accident claim. Colorado operates under a fault-based system, which means that to recover compensation for accident injuries, the victim must file a claim with the at-fault driver’s insurance. The at-fault driver or their insurance is liable for the losses the victim suffered as a result of their injuries and the accident. Proving fault requires proving the four elements of negligence.
Duty of Care
Individuals on the roadway, including bicyclists and pedestrians, have an automatic duty to exercise reasonable care to prevent causing other harm. The first step to proving the at-fault party is liable for an accident is establishing that at the time of the accident, they owe you a duty of care. Proving that the at-fault party owed you a duty of care typically means proving that they were operating the vehicle at the time of the accident.
Breach of Duty
A breach of duty is a violation of the legal obligation to exercise reasonable care. For instance, a driver’s duty of care involves operating their vehicle in a safe manner that actively prevents causing harm to others. If they fail to do that, they are breaching their duty of care. Behavior that is considered a violation of the duty of care may include driving while impaired, speeding, distracted driving, or any other form of traffic violation.
A driver breaching their duty of care doesn’t automatically mean that their action caused the victim’s injury. Therefore, the victim must prove causation. Causation is a clear link proven by evidence between the at-fault party’s breach and your injuries and related losses. Generally, causation is proven by stating that it’s more likely than not that the at-fault party’s breach caused your injuries. In other words, if not for the at-fault party’s breach, you would not have suffered any harm.
Once it’s clear that the at-fault party is liable for damages, the next step is to establish those damages. This means proving that you sustained losses as a result of your injuries caused by the accident. Depending on the circumstances of your accident, you may be able to recover the following compensation:
- Medical expenses
- Loss of income
- Property damage
- Pain and suffering
The amount that’s recoverable will depend on the extent of your losses and the impact that your injuries have and will continue to have on your life. A personal injury lawyer knows how to accurately estimate the value of your claim and make sure you don’t settle for anything less than you deserve.
Is the Rear Driver Always at Fault for a Rear-End Accident?
In most rear-end accident claims, the rear driver is determined to be at fault for the accident. Colorado requires drivers to leave sufficient distance between their vehicle and the vehicle in front of them to allow room to slow down or to safely stop when needed. A driver that fails to leave adequate space in front or fails to notice that traffic ahead is braking is often determined to be the cause of the accident. Therefore, they’re considered liable.
However, the front driver is not automatically free of liability. The front driver could be the cause of or a significant contributor to the accident if they unexpectedly stop in active traffic or if they are driving without a functional brake light.
In some cases, both drivers could be considered at fault for the accident. While you may think that means no one is entitled to compensation under Colorado’s comparative negligence rule, an injured accident victim can still pursue compensation even if they are partially at fault as long as they are less than 50% at fault.
Why You Need a Rear-End Accident Lawyer
The best chance for recovering compensation in any personal injury case is always to hire a skilled Lakewood rear end accident lawyer. However, when it comes to rear-end accidents, a skilled rear end accident attorney could mean the difference between recovering fair compensation and having your claim dismissed. Insurance companies will employ various tactics to discount your claim or offer lowball settlements. The fact that rear drivers are more often than not at fault for rear-end accidents is a bias that they will use to avoid paying fair compensation.
A rear end accident attorney is your advocate. They ensure that you’re not taken advantage of and will fight to recover fair compensation on your behalf. They handle communication and can negotiate with insurance companies so you can focus on your recovery rather than worrying about being unable to cover the expenses incurred by the accident.
Were You Involved in a Rear-End Accident? Contact Mintz Law Firm Today
Rear-end accident claims are challenging, and when you’re facing hefty financial burdens as a result of someone else’s negligence, it’s essential to have strong representation. At Mintz Law Firm, we have years of experience helping injured accident victims recover the compensation they deserve. Our experienced team of Lakewood rear end accident lawyers works tirelessly to ensure our clients’ best interests are protected and at the forefront throughout the entire process.
Mintz Law Firm takes on the legal aspect of an accident claim so our clients can focus on what matters most. When you partner with us, you can feel confident that your best interests are being protected and fought for. Schedule a consultation today at (303) 462-2999 or complete our online contact form for more information.