State law establishes that a driver may not follow another vehicle more closely than is reasonable and prudent. This statute also establishes that each motorist must regard the speed of all other vehicles and the traffic. When one motorist hits another from the rear of another vehicle, they are presumed to be negligent.
If you have suffered injuries in a car accident, speak with a Colorado Springs rear-end collision lawyer to discuss the claims process. A skilled attorney could help you build your case and pursue fair compensation.
Tailgating accidents typically occur when one motorist is speeding and fails to slow down before hitting the car in front of them. Distracted driving is another common cause of one vehicle rear-ending another. A motorist can become distracted by talking on their cellphone, texting, other passengers, or reaching to change the radio.
Due to the growth of the city, heavy traffic and road work has been a factor that results in rear-end accidents as well. Road rage, fatigue, and drinking and driving can result in rear-end collisions and severe injuries.
State law generally assigns fault in a tailgating accident to the person in the following vehicle according to Colorado Statute §42-4-1008. However, if the injured party is found to be 50 percent at fault, then they may not receive any portion of a settlement according to the system of comparative negligence.
To establish liability in rear-end collision cases, a Colorado Springs lawyer may use photos and videos of the scene. The injured party, witnesses, or the police may take these photos or videos. This evidence may be used to bolster a claim for damages to the claimant’s vehicle as well as their injuries.
The police report is also important, as it records the weather and road conditions present at the time of the accident. This may crucial information as these conditions may influence the cause of the wreck. The police report may also note other important information that helps to assign fault such as the severity of the damage to the vehicles, the location of the accident, and where the cars were damaged.
An attorney may collect statements from the involved parties and witnesses to establish liability as well. Vehicle measurements and accident reconstruction may help determine liability. An accident reconstructionist expert may be able to give a definitive description of how the accident occurred.
One reason to contact a lawyer as soon as possible after a rear-end collision in Colorado Springs is to learn about the legal options a claimant may have. An attorney could evaluate what a case may be worth by the damages a claimant has suffered and estimate the amount of time such a claim may take.
Additionally, a legal representative could help determine fault. If the opposing party’s insurance company questions the liability of their policyholder, then an attorney could verify fault through the investigation process. When working with a legal team, they could ensure that there are no gaps in treatment and prevent the insurance company from using potential treatment gaps as excuses not to pay.
If you have sustained injuries or property damage in a car wreck, speak with a Colorado Springs rear-end collision for help. Our legal team could help you file a claim for damages while you focus on recovery. To learn what an attorney could do for you, call today.