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Rear End Car Accidents in Colorado Springs

by | Dec 13, 2021 | Car Accidents

Rear End Car Accidents in Colorado Springs

MY CAR WAS REAR-ENDED. SHOULD I HIRE A PERSONAL INJURY ATTORNEY?

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Night traffic, cars on highway road on sunset evening night in busy city

You’re delayed in stop-and-go traffic or at a red light when you’re abruptly rear-ended. You didn’t see it coming, and you weren’t prepared for it—and now you’re hurt. You had no choice but to accept it, and now you’re unsure what to do.

According to research from the National Highway Transportation Safety Administration NHTSA, rear-end accidents are the most common form of an automobile accidents. Rear-end collisions account for around 29% of all automobile accidents. Rear-end collisions account for roughly 2 million car accidents in the United States each year.

According to Colorado Highway Safety and Motor Vehicles, there are 17 million licenced drivers in the state, and over 400,000 motor vehicle incidents occur each year, resulting in around 254,000 injuries.

If you were involved in a rear-end collision in Colorado caused by a careless motorist, you should consult a rear-end accident lawyer. Warrior Car Accident Lawyers can help you find a rear-end Colorado accident lawyer or a rear-end truck accident lawyer as quickly as possible. When someone else’s carelessness causes your injuries, an expert rear-end automobile accident lawyer can help you collect the compensation you deserve for medical costs, missed earnings, and pain and suffering.

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WHAT EXACTLY IS A REAR-END COLLISION?

It’s fairly straightforward. A rear-end collision occurs when your automobile is struck from behind by another vehicle. If you are struck while driving, the force will be less than if you are hit when stationary. They are, however, incredibly hazardous since both automobiles might end up endangering others around them if they lose control.

A VARIETY OF FACTORS CAUSES REAR-END COLLISIONS

When the leading automobile is stopped or going at a reduced pace, most rear-end collisions occur. However, the driver behind the vehicle may influence the leading vehicle due to several factors, which might change the degree of the injuries inflicted. These are some examples of these conditions:

The most prevalent cause of a rear-end collision is tailgating, which occurs when a motorist follows the automobile in front of them too closely. When drivers do not maintain a safe distance from the automobile ahead of them, they have less time and space to respond if they need to stop unexpectedly.

Speeding may result in more catastrophic rear-end collisions since the force of contact is higher when the driver does not have enough time to slow down to prevent colliding with the vehicle ahead of them.

Distracted driving occurs when the vehicle driver that caused the accident is not paying attention to what is going on in front of them on the road. Texting, conversing on the phone, or eating/drinking are all examples of this.

Dangerous weather conditions may put everyone’s safety on the road in jeopardy. Rain, fog, snow, and ice may make roadways slicker and reduce response time, causing motorists to lose control of their cars.

REAR-END COLLISION INJURIES ARE COMMON

Rear-end collisions are regrettably fairly prevalent, and many individuals underestimate the seriousness of the injuries that might result. Rear-end collision injuries might take weeks or even months to manifest themselves. Seatbelts and airbags assist in minimising bodily movement during an accident. Even in what seems to be a tiny, low-impact rear-end accident, you or your passenger may suffer bodily and psychological traumas, including:

  • Traumatic brain injury (TBI)
  • Whiplash
  • Trauma from inflated airbags, such as burns and other types of injuries
  • Back discomfort that doesn’t seem to go away
  • Damage to the spine
  • Trauma to the head
  • Suffering and chronic pain
  • PTSD
  • Concussion

DETERMINING FAULT IN A REAR-END COLLISION

It might be difficult to determine who is to blame in a rear-end collision. Unless the vehicle in front of them is driving backwards, the vehicle’s driver that impacts the automobile in front of them is the one to blame for insurance reasons. However, if a motorist slams on their brakes to avoid colliding with a pedestrian or another vehicle, and the vehicle behind them is unable to stop in time, the driver may not be at fault.

Many people naturally feel the motorist who rear-ended you is at fault when they are struck from behind. While this is normally the case, you may not be entirely blameless in this instance.

Did you come to a complete halt in the middle of a busy road? Are your taillights in good condition? Is there a problem with your signals, or has the light gone out? If any of the preceding variables had a role in the crash, the motorist behind you might not be found automatically accountable.

State Laws determine liability in a Rear-End Collision

When you’re rear-ended, it’s critical to know how your state handles vehicle accidents. Do you live in a fault-based or fault-free state?

Anyone may sue anyone in an at-fault state. A motorist wounded in an automobile accident might file a lawsuit against their own insurance company, the other driver, or both.

All drivers in a no-fault state are required to have insurance. When they are involved in an accident, they may seek compensation from their insurance policy rather than the other driver’s. Each person involved in a rear-end collision in that state files a claim with their insurance carrier, regardless of who caused the accident.

THERE ARE 12 NO-FAULT STATES IN THE UNITED STATES

These are some of the states:

  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

Colorado is a state with no-fault insurance. If you were a driver or a passenger in a rear-end collision in Colorado, you must first claim with your insurance carrier, with no need to show blame. However, only the amount of your insurance limitations will cover medical expenditures and missed income.

Because there are fewer lawsuits for minor sums in states that use an at-fault system for all accidents. The average payout for Colorado rear-end crashes is greater than the average settlement for rear-end collisions in states that use an at-fault system for all accidents.

You may still be eligible to file a personal injury lawsuit if the costs incurred from an automobile accident exceed the limitations of your insurance policy.

DAMAGES, BOTH MONETARY AND NON-MONETARY

Non-economic damages, such as pain and suffering, mental anguish, and loss of pleasure are not covered at all under no-fault insurance. When making an insurance claim with their insurance provider, victims may only recover reasonable medical expenses.

However, if you fit the requirements and can go outside of the no-fault system, you may be able to recover non-economic damages as well as alternative types of compensation, such as:

LOST WAGES

If you are unable to work while healing, you may be able to recoup your lost wages. Bonuses, overtime, and other perks that you would have received while working may be covered by your wages.

IN-HOME ADJUSTMENTS

If your injuries necessitated the use of a stairlift, a hospital bed, or other adaptations, you may be able to recoup those expenses by bringing a personal injury case.

OTHER COSTS

While recovering from their injuries, victims may have to pay for childcare, house cleaning, and gardening services. If these costs are not incurred in the normal course of business, you may be able to recover them by filing a vehicle accident case against the at-fault party.

It is necessary for Colorado for drivers to have medical payments coverage covering MedPay, according to the state’s no-fault statutes. This coverage covers up to $10,000 for practically all injuries caused by an automobile accident, subject to certain limits. Up to 80% of essential medical care and 60% of lost income due to injuries will be covered by the amount paid out to the insured.

If you were seriously injured in the collision, you might be able to file a responsibility claim or a car accident lawsuit against the at-fault motorist. You may be able to get compensation for non-economic losses such as pain and suffering if you file a claim outside of no-fault.

In no-fault jurisdictions, the legislation specifies the sorts of injuries that qualify as severe injuries, allowing the accident victim to launch a lawsuit against the at-fault motorist.

A victim may pursue a personal injury lawsuit against the at-fault motorist who caused their injuries if their damages exceed $10,000 or if their injuries are significant.

SERIOUS INJURIES FROM REAR END ACCIDENTS

A plaintiff may obtain damages in tort for pain, suffering, mental anguish, and inconvenience resulting from physical injury, illness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only if the injury or disease comprises in whole or in part of:

1. A significant and irreversible loss of a vital physiological function

2. Permanent harm, other than scars or deformity, within a fair degree of medical probability

3. Scarring or deformity that is significant and lasting

4. Death.

If your losses are less than $10,000, you must choose the no-fault option, which means you won’t be able to recover damages for non-economic losses like pain and suffering.

Your no-fault policy does not cover property damage, automobile repair expenses, and other charges. If your automobile is damaged in an accident, you may make a third-party claim with the at-fault driver’s insurance carrier under that driver’s property damage liability policy. You may submit a claim with your insurance company if the accident was your fault and you have collision coverage.

INJURED IN A COLORADO REAR-END ACCIDENT?

First and foremost, if you have been engaged in a Colorado rear-end incident, whether you are the driver of a car that has been rear-ended or the motorist who has rear-ended another vehicle, contact the police. Then you should speak with a Colorado rear-end accident lawyer to learn more about your legal options in light of the facts of your accident.

Warrior Car Accident Lawyers’ experienced rear-end car accident lawyers can explain all of your choices under Colorado law and assist you in exploring all possibilities to get the reimbursement you deserve.

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Our experienced and competent Colorado personal injury and rear-end accident injury attorneys may be reached at any time by calling 719-300-1100 or by emailing us online.

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