Rear-End Collisions in DenverRequest Free Consultation
Rear-end collisions are among some of the most common types of vehicular collisions. In a rear-end accident, a driver collides with the back of the vehicle in front of them. While it may not seem like these accidents can result in much harm, they can cause devastating injuries and property damage.
If you’re in a rear-end crash, always speak with a Denver Rear-end accident attorney right away. They can assess how your crash occurred and who you can hold liable for your injuries and losses.
Typical Causes of Rear-End Accidents in Denver
Rear-end collisions are often the result of driver negligence. Some of the dangerous driving behaviors that contribute to these types of accidents include:
A driving distraction is anything that takes your mind off of driving, hands off the steering wheel, and/or eyes off the road.
Common driving distractions include:
- Cell phone use, like texting or emailing
- Changing the radio station
- Reaching for something
- Grooming, like shaving, styling hair, or putting on makeup
- Eating and drinking
- Strong emotions
A distracted driver can easily miss something, like the vehicle in front of them slowing or stopping.
Speeding is a contributing factor in numerous accidents, including rear-end collisions. When a driver speeds, they endanger themselves and others.
- Increase the impact of a collision
- Decrease the efficiency of protective equipment, like seatbelts and airbags
- Increase stopping time and distance
- Cause a driver to lose control of their car
When speeding is involved, rear-end accidents are much more serious, resulting in irreparable property damage and substantial physical harm.
Following Too Closely
Following a vehicle too closely, also referred to as tailgating, can easily result in a rear-end crash. Under most state laws, drivers are required to keep a reasonable distance between their vehicle and the vehicle in front of them. This is because when there is such little space between cars, the rear vehicle is more likely to hit the vehicle ahead.
Brake checking is a common hazardous driving behavior. When a driver engages in brake checking, they press on their brakes suddenly and without warning. Drivers have different motivations for brake checking but often do so to scare or anger the rear driver.
This unnecessary behavior isn’t just irritating, but it can also result in rear-end collisions. However, instead of a victim driver getting rear-ended, the victim is usually the one that rear-ends the vehicle in front of them, making it appear as though they are at fault.
Driving Under the Influence
Impaired driving is illegal in every state, and with good reason. When an individual is under the influence of alcohol or drugs, they cannot drive at the same capacity as they can sober. Alcohol and drugs seriously affect the body, making it more difficult to drive responsibly.
Surprisingly enough, substantial fatigue can have similar effects on the body as alcohol. A sleep deprived driver’s body mimics the effects of a DUI.
Some fatigue or tiredness is normal for many. However, severe fatigue can affect a person’s ability to drive. Driving while fatigued can increase the chances of the driver dozing off and driving dangerously.
Experiencing road rage is commonplace for many drivers. Road rage refers to the anger and frustration you feel caused by stressful traffic situations.
For example, many drivers experience road rage during rush hour traffic. Because roads are congested and cars are so slow to move, this can cause a driver to become enraged and engage in risky behaviors, like tailgating, weaving in and out of lanes, and speeding.
Traumatic Brain Injuries
With the sudden and unexpected impact, your head, neck, and body can violently jolt forward. This often happens when you are in the front vehicle, as you don’t see the rear vehicle coming and, therefore, don’t brace yourself for the impact.
One of the types of brain injuries common to rear-end accidents is the coup-contrecoup brain injury, as the head often hits the steering wheel. Sustaining this type of brain injury means your brain hit the skull on one side and whipped back, hitting the side opposite of the first point of impact. Essentially, this injury is two in one.
Back and Spinal Cord Injuries
When you’re hit in the rear of your vehicle, your back may suffer injury. Sprains and strains of the back are common.
Also located in your back is the spinal cord. The spinal cord is fragile and susceptible to injury during a car accident. Injury to the spinal cord can have detrimental repercussions, including paralysis.
Soft Tissue Injuries
The soft tissues in the body include the muscles, joints, tendons, ligaments, nerves, and blood vessels. In a rear-end accident, any part of the body can sustain injury, causing intense pain and discomfort. Injuries to soft tissues can cause permanent damage.
Chemical burns result when the airbag deploys, as this releases certain chemical substances. If the airbag ruptures, chemical burns can be worse due to high-temperature gasses.
Airbags deploy rather quickly, at speeds of about 220 MPH. During deployment, a car accident victim may sustain friction burns on the face, neck, or upper body from the rapid deployment.
Bones are tough and can withstand high degrees of force. However, some bones are more fragile than others. Rear-end accident victims can suffer fractures anywhere in the body, but especially the ribs, clavicle, and bones in the neck.
Who Is Responsible for a Rear-End Accident?
Simply put, the driver that caused the rear-end collision is the one responsible. While this is straightforward enough, rear-end accident claims come with their own set of complications. One of the biggest issues with these claims is the matter of liability.
In a majority of rear-end collision cases, the finger is automatically pointed at the vehicle in the back. This makes sense, considering it appears as though the driver in the rear was driving negligently. However, contrary to popular belief, the rear driver isn’t always responsible.
Fault simply depends on the cause of the collision. Accidents involving brake-checking are particularly tough to handle because, in a brake-checking collision, the driver in the front (the one brake-checking) is usually to blame.
Establishing liability can be one of the hardest parts of a rear-end accident collision. This is one of the primary reasons it’s crucial to have legal representation throughout your claim.
Proving the Other Driver’s Negligence
Negligence is usually at the heart of a rear-end accident case. Therefore, you must prove the other driver acted negligently, resulting in your collision.
To successfully show negligence, you must prove:
- The other driver owed you a duty of care
- Their actions (distracted driving, speeding, tailgating, etc.) caused them to breach their duty of care
- Their breach resulted in your rear-end collision
- As a result of your accident, you sustained injuries and other related losses
In a car accident claim, it is not enough to say someone caused your accident; you must provide sufficient proof. Your car accident attorney can collect the necessary evidence to prove the other driver’s negligence, getting you one step closer to monetary recovery.
Evidence of Liability
Strong evidence is key in rear-end collision claims, especially if there is a liability issue.
Evidence that can help prove liability, along with cause and damages, include:
- Witness statements
- Police reports
- Black box data
- Traffic camera and surveillance footage
- Medical records
- Expert testimony
Among the many case tasks your car accident attorney can complete on your behalf, they can request and obtain evidence to substantiate your claims and build your case.
Taking Action Against the At-Fault Driver
Not only can a rear-end accident result in property damage and injuries, but it can also cause you to face significant financial burdens. For this reason, you should not shy away from exercising your rights and taking action against the responsible driver.
Acquiring fair compensation can relieve financial pressure and give you peace of mind as you move forward.
If you’re unfamiliar with the car accident process in Denver, you likely don’t know where to begin. Fortunately, you don’t have to try to navigate the claims process alone. When you hire a car accident attorney, your lawyer can take over and handle everything for you.
Depending on your circumstances, pursuing monetary recovery may require a car insurance claim or a personal injury lawsuit.
Insurance Claim vs. Lawsuit
In many accident cases, the starting point is a collision claim. State law regarding fault vs. no-fault varies, but Colorado is a fault state. In a fault state, the victim is entitled to file a third-party insurance claim against the at-fault driver’s car insurance company.
When you file your collision claim, the insurance company’s adjuster will investigate everything, including the cause and resulting damage and injuries. Based on their findings, they can decide whether to approve or deny your claim. If approved, they’ll provide a settlement offer in hopes you’ll accept it and move on.
If the insurance company is unwilling to settle fairly or outright deny your claim, you may have additional legal options. Your car accident attorney can review and provide guidance.
When an insurance claim doesn’t go as planned, filing a personal injury lawsuit is often the way to go. Also, if the at-fault driver has no insurance coverage, you may have the chance to skip straight to filing a legal claim against them.
Handling a lawsuit can be daunting, as it usually requires more time, effort, and patience. Still, when a skilled car accident attorney is in charge of your accident case, you don’t have to worry about navigating your legal battle yourself. Your lawyer can handle everything on your behalf.
Figuring out the best course of action for your case and getting started can be quite a challenge. This is one of the reasons why it’s beneficial to hire a car accident lawyer early on in your case.
How a Car Accident Attorney Can Help
A car accident attorney can do everything for your case, so you don’t have to.
Accident lawyers have the experience, resources, and skills to:
- Investigate your accident
- Communicate with the insurance company
- Determine cause
- Establish liability
- Calculate your damages
- Gather evidence
- Engage in settlement negotiations
- Go to trial if necessary
Throughout the life of your case, you can rely on your lawyer to provide the kindness and care you need while also aggressively fighting to protect your rights. When you put your rear-end collision claim in the hands of a seasoned attorney, you can feel confident knowing you’ve made the right choice for yourself and your case.
Following a Rear-End Collision, Do Not Wait to Seek Legal Representation
Time is limited to pursue justice and financial recovery for your rear-end collision claim. Following your accident, schedule a consultation with a local car accident attorney. A personal injury lawyer in Denver can represent your best interests and work toward getting you the most favorable case result.