Who Is at Fault in a Rear-End Collision in Denver, CO? 2024

Some of the most common types of car crashes in Denver and across the US are rear-end collisions. When there is heavy traffic or sudden stops in traffic, rear-end accidents are more likely to happen. These collisions can happen at any speed and in any situation. Determining who is at fault in a rear-end collision in Denver, CO, is essential for handling insurance claims and any possible legal issues.

It is very important to be familiar with Colorado’s traffic laws, the rules of negligence, and the different factors that can contribute to rear-end crashes.

The General Rule of Rear-End Collisions

In most cases, the driver who hits the car in front of them is found to be at fault in a rear-end collision. Rear-end collisions usually occur because a driver was following another car too closely, was distracted, or was going too fast for the road conditions.

When drivers are in traffic, they must stay alert and keep a safe distance from the car in front of them so they have time to react to sudden stops or changes in the flow of traffic. Refusing to take these precautions could be seen as negligent.

Exceptions to the General Rule

Often, the driver in the back is at fault for a rear-end accident, but there are times when the driver in front may share blame or even be fully responsible. Shared responsibility or full fault of the front driver may occur due to the following reasons:

• Sudden reversing. If the driver in front of you unexpectedly reverses into you, you may not be responsible for the accident.
• Brake checking. If a driver slams on their brakes without good reason, this is called “brake checking” and could cause an accident. It can be hard to prove this behavior without solid evidence, such as dashcam footage or statements from witnesses.
• Mechanical failure. If the car in front of you has a mechanical issue, like broken brake lights, you may be able to argue that you were unaware they were braking. In this case, both you and the front driver may be held responsible as the front driver’s mechanical issue contributed to the accident, while you are expected to pay attention to other cars and keep a safe distance.
• Accidents that react in a chain. When more than one car rear-ends another, it’s harder to figure out who is at fault. Most of the time, the driver who starts the chain reaction, usually the first car to rear-end another car, is responsible. Other drivers may also be responsible based on their reactions.

How Evidence Helps Determine Fault

Different pieces of evidence will be very important in building a case to determine who is at fault in a rear-end accident. Key pieces of evidence include:

• Police reports. When there’s an accident, the police are usually called to the scene to investigate what happened and record their findings. Their report can include things like skid marks, damage to cars, and statements from witnesses, all of which can help them figure out who caused the accident.
• Statements from witnesses. People who were present when the accident occurred can give important details about what they saw before and during the crash. From their point of view, it may be easier to determine whether the driver in front or behind was at fault.
• Traffic cameras: Many roads and crossroads in Denver have traffic cameras. The video from these cameras can show how the accident happened and back up claims about what happened in the moments leading up to the crash.
• Damage to the vehicles and skid marks. The position of the vehicles and the severity of damage to the vehicles can also help figure out how the accident happened. Skid marks on the road can help establish if the driver behind or in front slammed on their brakes.
• Dashboard cam videos. If either car has a dashboard cam, the video can be very helpful in showing how the crash happened. This can be especially helpful when someone is checking their brakes or behaving recklessly.

FAQs

Who Is Usually at Fault in a Rear-End Collision?

Usually, the rear driver is considered at fault in a rear-end collision. This is because drivers are expected to maintain a safe following distance, allowing enough time to stop if the car in front slows down or stops suddenly. There are exceptions to this, such as when the front driver switches lanes abruptly or their brake lights are malfunctioning.

What Is the Rear-End Statute in Colorado?

In Colorado, the driver of the vehicle that hits another from behind is generally presumed to be at fault. This presumption is based on the expectation that drivers must always drive at a safe distance from the car in front of them and be prepared to stop to avoid crashes.

How Is Fault Determined in a Rear-End Car Accident in Colorado?

In Colorado, negligence and reckless behavior determine who is at fault in a car accident. Investigators, insurance companies, and courts look at things like police records, witness statements, traffic laws, and physical evidence from the scene of the accident to figure out which driver was careless or broke the law. Under the “modified comparative negligence” rule, it is possible for drivers in Colorado to share the blame for an accident.

Is Colorado a No-Fault State for Car Accidents?

Colorado is not a no-fault state for car accidents of any kind. The state operates on a fault-based system, meaning the driver found at fault for the collision is liable for the resulting damages. Injured parties can submit claims with the at-fault driver’s insurance company to recover compensation for medical bills, property damage, and other damages. Colorado also has a modified comparative negligence system in which fault can be shared.

Contact Cheney Galluzzi & Howard

Being involved in a rear-end collision can be a huge inconvenience. You may have options available to you to recover damages caused by the driver. Cheney Galluzzi & Howard can help. Contact us today for more information.