Who Is Responsible for My Rear-End Car Accident?
IN A REAR-END COLLISION IN COLORADO SPRINGS, I WAS SERIOUSLY INJUREDAccording to the National Highway and Traffic Safety Administration, Rear-end crashes account for around one-third of all traffic collisions. In other words, someone rushing into the back of another motorist causes one out of every three automobile accidents. This figure demonstrates how prevalent these crashes are, emphasizing the need of educating oneself about them.
By definition, a rear-end collision happens when a vehicle’s driver collides with the car in front of them. Distracted driving, tailgating, and inclement weather are common causes of rear-end crashes.
When a rear end accident happens to you, you deserve a free consultation with an experienced rear end car accident attorney to guide you through the personal injury claims process and explain all of your options. Personal injury attorneys, at least those here at Warrior Law Firm, specialize in rear end collisions. It is one of the more common auto accidents we see caused by a negligent driver.
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BEING A VICTIM OF A REAR-END CRASH IN COLORADO
Being involved in a rear-end accident is usually a bad experience. Whether you were the accident victim or the at-fault driver, you’ll almost certainly be dealing with onerous medical costs, paperwork, pain and suffering, and/or mental anguish. Whatever the conclusion, it’s reasonable to conclude that a rear-end accident isn’t good. They are inconvenient, unpleasant, and painful at times.
Fortunately, Colorado has a clear understanding of who should be held liable in rear-end automobile accidents, making a recovery considerably easier for victims. Almost every rear-end automobile accident lawsuit involves the motorist in the back being held responsible for the damages.
You may have heard this remark before and wondered whether it was true. In reality, most of the time, this is correct. Because there are just a few different types of rear-end crashes, this is the case. Similarly, the back motorist would be blamed in 9 out of 10 of those unique scenarios.
SCENARIOS IN WHICH A REAR-END ACCIDENT OCCURS INCLUDE THE FOLLOWING:
SCENARIO 1: ON-THE-ROAD PEDESTRIANS CAUSE CARS TO REAR-END
Driver A slams on the brakes to avoid colliding with a toddler who suddenly rushed out onto the road. Because of the abrupt halt, Driver B rear-ends Driver A. Driver B is to blame for not keeping an appropriate stopping distance between their automobile and the car ahead of them at all times, even though the youngster running out into the road was unforeseeable.
SCENARIO 2: DRIVERS REAR-END OTHER VEHICLES DUE TO POOR VISION
On a dusty road, Driver A is driving. The dirt is causing a cloud of dust to form, obstructing the eyesight of Driver B, who is following closely behind. Driver A comes to a complete halt at the approaching stop sign. Driver B is blind and collides with Driver A in the rear. Driver B is to blame for not slowing down enough to compensate for the impaired eyesight and give the dirt time to clear. A visual accident caused by fog might be said to be the same. Any motorist must maintain a safe speed in a low-vision situation to have adequate time to stop if necessary.
SCENARIO 3: CARS ARE REAR-ENDED DUE TO LANE SWITCHING
Driver A starts to merge over after flashing his blinker to signify a lane change. Driver B accelerates as they anticipate a free lane. However, Driver A abruptly reverses their decision and returns to their former lane. Driver B cannot stop quickly enough and collide with Driver A. Driver B will be held responsible once again for failing to maintain sufficient stopping space between themselves and the vehicle in front of them. However, since Driver A made a slightly irregular movement, it’s feasible that they’ll be deemed partly liable under comparative negligence rules.
SCENARIO 4: CARS CAN REAR-END DUE TO CARELESS TURNS
Driver A wants to make a right turn into a petrol station, but he’s in the center of the road. He slams on the gas and tries to pass Driver B, but he doesn’t drive fast enough. He is hit from behind by Driver B. Driver A will be found accountable in this rare scenario since Driver B could not have anticipated Driver A’s dangerous driving techniques.
SCENARIO 5: COLLISIONS AT THE END OF A CHAIN REACTION
There will be times when more than two cars are involved in a rear-end accident, nearly usually at junctions or in heavy traffic circumstances. This situation generates a domino effect, a chain reaction that occurs when many automobiles collide in the back.
Car B collides with the back of Car A in front of them. Car C slams into the back of Car B due to Car B’s abrupt stopping without slowing down or using brake lights. This results in a chain reaction, which is a sort of multiple-car collision.
Applying the same rear-end collision culpability criteria as in the previous example to circumstances like these makes determining who is at blame simple. Once again, the driver in the rear of the accident that started it all is almost always the at-fault party. Our auto accident attorneys know how to hold the at-fault driver responsible. Don’t trust the personal injury lawyers you see on tv.
If Driver C rear-ends Driver B, who is stopped at a red light behind Driver A, the force of the initial collision may propel Driver B’s vehicle into Driver A. Drivers A and B would both demand restitution from Driver C in this situation, such as for suffering neck pain, spinal injuries, and neck injuries.
Under extremely rare circumstances, Driver B may cut off Driver C, resulting in a rear-end collision. Driver B may be pushed into Driver A and rear-end him as a result of this. Drivers A and C would be held responsible in this case. However, it’s rare to see a motorist bold enough to cut between two moving cars in such a narrow area.
COMMON REAR-END COLLISION INJURIES IN COLORADO
The majority of the time, a rear-end collision does not result in anything positive. The most favourable part of any car accident is escaping with minor injuries, or even better, escaping unhurt. However, there is nearly always property damage and medical expenditures to contend with in the end.
There’s also the possibility of traffic fines and even harsher penalties if the guilty party’s insurance coverage isn’t adequate to cover the harm they’ve caused. Innocent drivers who obey the road laws are often the ones who are hit by a reckless driver, leaving them with severe or lasting injuries, unpaid medical expenses, a damaged vehicle, and potentially mental turmoil. Unfortunately, a number of these rear end car accidents result in the death of a victim.
INJURIES CAUSED BY WHIPLASH
Whiplash is a term used to describe discomfort and stiffness in the neck and shoulder region caused by being flung forward quickly and forcefully by the power of a collision.
The action, frequently described as snapping forward and backwards, pushes the neck and spine much beyond their usual range of motion. Whiplash is a word that describes the abrupt movement of your neck, shoulders, and spine.
According to the National Highway Traffic Safety Administration, whiplash affects 20% of those involved in a rear-end car accident accident. Almost 80% of individuals have discomfort and soreness that lasts for more than a week. Furthermore, half of the people report discomfort and soreness that lasts longer than a year.
INJURIES TO THE BACK
The power of an impact when your automobile is struck from behind in an accident might gravely harm your spine. This is the case because the human spine is a fragile structure that hasn’t evolved to endure the blows that man-made equipment may deliver.
A rear-end accident may compress your spine, causing harm to your spinal discs, disc herniation, facet joint damage, and/or injury to your spinal cord and nerves. This may be a serious concern because the spine and neck are so important to the human body’s functioning. Similarly, the many nerves that link to the spine make these injuries more painful and upsetting.
INJURIES TO THE HEAD AND FACE
Almost every automobile on the road today has airbags, which are meant to protect the head and face in the case of a car accident. These devices are a significant advancement in vehicle safety that has been credited with saving almost as many lives as the seat belt. However, having an airbag does not guarantee that you will be protected from harm.
In reality, the majority of rear end car accidents happen at modest speeds. Because airbags normally only inflate at speeds of approximately 20 mph, there’s a risk it won’t deploy at all.
Your face may crash into the steering wheel or dash if an airbag fails to activate. The force of your face colliding with one of these hard items has the potential to shatter your nose, fracture your cheek or jawbone, injure your eye socket, and possibly induce traumatic brain injury.
Impacting the steering wheel, dash, or even the airbag may result in scratches, bruises, and scrapes to your face and head, in addition to the more catastrophic repercussions.
If a rear-end accident happens at high speeds and the airbag deploys, the airbag provides its own set of dangers. This Medscape article highlights some fascinating statistics concerning airbag-related injuries.
INJURIES TO THE ARMS AND HANDS
Because most individuals are gripping the steering wheel when they’re hit from behind, injuries to the arm, shoulders, hands, fingers, and wrists are a distinct possibility. These bodily components may jolt violently, jam into something, get pinned, or even shatter due to the strain. Although some injuries may not seem as catastrophic as other injuries, living with a severely crippled arm or hand may be exceedingly difficult.
INJURIES CAUSED BY NOT WEARING A SEATBELT
Seatbelts are, without question, our saving grace when it comes to car safety; but, nothing is completely foolproof. Your torso is pushed forward against the seatbelt in a rear-end collision. Although this will save your face from colliding with the steering wheel or dash, the strap itself may lacerate your skin, bruise your body, or cause whiplash.
How to Avoid a Rear-End Collision in Colorado
1. Increase the distance between you and the vehicle in front of you. The more space you have in front of you, the more time you have to come to a complete stop.
2. Avoid driving when preoccupied since this is one of the leading causes of rear-end crashes.
3. Always check your mirrors if the car in front of you fails to stop in time.
4. Start braking early so that the motorist in front of you has the time to come to a safe halt.
5. Examine your safety features, such as brake lights, which are critical for alerting traffic behind you that you are coming to a halt.
6. Keep an eye on the weather forecast and drive appropriately. Wet roads, particularly in Colorado, maybe a severe problem that often results in rear-end crashes.
7. Pay attention to your surroundings since this is your greatest protection. Continue to look in your mirrors while you’re stopped at a red light.
While driving, keep an eye out for inattentive or impaired driving symptoms in the automobile ahead of you. Take note of any changes in the road’s condition and drive appropriately. These suggestions may seem easy, but maintaining a keen awareness of your surroundings may go a long way toward keeping you safe.
REAR-END COLLISION DAMAGES IN COLORADO
It is conceivable to be engaged in a rear-end accident where the car has minor damage, but the driver sustains significant injuries. Contact a knowledgeable and experienced vehicle accident attorney if you have been hurt in a rear-end collision to discuss your options for recovering damages. The following are examples of possible damages:
DAMAGES UNIQUE TO THE SITUATION
Special damages can be simply shown and calculated with a calculator, such as lost earnings, medical costs, and automobile damage.
DAMAGES IN GENERAL
Non-economic losses are referred to as general damages. These injuries are caused by physical and emotional pain and suffering. To give you a sense of scale, general damages are typically 1.5 to 5 times the amount of special damages. This number, however, might vary greatly.
If there are numerous defendants in a lawsuit, each of whom is represented by a separate insurance company, the value of a settlement may rise since there will be more coverage for your injuries. As previously said, rear-end car accidents sometimes include many vehicles. Thus this is a distinct possibility.
SETTLEMENTS AND COMPENSATION IN REAR-END COLLISION CASES IN COLORADO
No amount of apologies or auto repairs can compensate for significant harm or the loss of a loved one’s life. It also won’t be able to cover your medical bills, which will start piling up quickly following your accident. Even though you’ll never be the same as you were before the accident, there is undoubtedly assistance available to put you in the best possible situation after a rear-end collision.
Your personal medical expenses coverage might help you get back on your feet. You can only go so far with MedPay. Any injuries that are more significant than the usual $10,000.00 policy may be used to sue the accountable party for damages.
With the help of a skilled and determined rear end car accident lawyer, you may be able to collect much more than just the cost of your medical bills, including lost earnings, emotional and mental suffering, and other expenses. The stress of dealing with your physical injuries and losses is difficult enough, but being saddled with a lifetime of medical debt and financial struggle is the last thing any rear-end crash victim wants.
Determining Fault in a Rear-End Collision in Colorado
Is it usually the person in the backseat who is at blame in a rear-end accident?
Remember how I said that in 9 out of 10 collisions, the person in the rear was at fault? What about the other one out of ten times?
The second motorist in a rear-end accident has nearly always been deemed the guilty party under Colorado law. Still, recent instances submitted before the Colorado Supreme Court have helped to conclude that this may need to alter a bit.
This ruling has opened the door for the rear driver to sue the person who collided with them in front of them for damages. This flaw might be total or partial.
The presumption of negligence that attaches to a rear driver in a rear-end motor vehicle collision case can be rebutted or avoided in this case, according to the Colorado Supreme Court, by the production of evidence from which a jury could find negligence on the part of the front driver that contributed to the injury-producing collision.
This element of Colorado’s comparative negligence legislation permits jurors to decide how much blame each party should bear. This ratio is then used to calculate damages. For example, if a motorist is 90 per cent at blame, he or she is responsible for 90 per cent of the damages.
Remember when Driver C slammed into Driver B, leading both of them to crash into Driver A? Driver B, on the other hand, did nothing wrong. They were only waiting for the light to turn green at a stop signal. They had no choice except to collide with Driver A in front of them. They should not be held accountable in this situation.
SPEAK WITH A REAR-END ACCIDENT ATTORNEY IN COLORADO SPRINGS
If you have any doubts or concerns about proceeding with your injury case, having an attorney on your side who regularly deals with similar situations would be quite advantageous. We provide free consultations to customers so they may acquire answers to their issues and make better choices.
Please contact Warrior Car Accident Lawyers now at 719-300-1100 for a free consultation and case review about all of the above.