A rear-end collision is defined as the front of a car striking the back of another car. In Colorado, there is a presumption of negligence that the person who strikes the back of another car is the at-fault driver. That presumption is almost always upheld. It is the burden of the person that rear-ended another car to overcome that presumption by proving that the other driver was completely or as much at-fault.
Fortunately, a Fort Collins rear-end accident lawyer is knowledgeable about the negligence laws and can help you recover compensation using the presumption of fault to your advantage. Let a seasoned Mac Hester Law attorney guide you in starting a claim and investigate possible options for another driver’s liability in causing the auto collision.
Common Reasons for Rear-End Collisions in Fort Collins
A common reason for a rear-end collision occurring in Fort Collins includes following too closely behind other cars, especially on the main, highly trafficked road. When cars are following too closely and tailgating, they could cause a rear-end car accident.
Drivers could also be talking on their cell phones, texting, or browsing websites while they are driving.
Methods to Help an Attorney Establish Liability
A lawyer could use various methods to establish liability in a Fort Collins rear-end auto collision case, including:
- Reviewing the traffic accident report to determine the law enforcement officer’s conclusion on the investigation
- Reading the statements to see what the eyewitnesses stated about the movement of the vehicles
- Evaluating their statements about what the vehicles did and who was at fault
- Call or have an investigator call witnesses and interview them
- Obtain traffic light sequence information from an engineer for the city of Fort Collins
- Collect photographs taken by the injured person, the at-fault driver, or witnesses at the scene
If there are traffic cameras at the intersection or location, video footage of the accident could be recovered and prove to be valuable evidence in a case, as well.
Furthermore, if the at-fault driver or their insurance company denies or contests liability, sometimes the legal representative for the injured party may hire an accident reconstructionist to piece together what happened.
The Role of Comparative Negligence in Car Accident Cases
The state of Colorado has comparative negligence as opposed to contributory negligence. Comparative negligence means that the at-fault driver is compared to the fault of the injured party. If the injured party is 50 percent or more at-fault, they may not be able to recover anything.
If the injured party is less than 50 percent at fault but has some percentage of fault, a partial amount of damages could be recovered. For example, if a person was 30 percent at fault, the person would be able to recover 70 percent of their damages against the at-fault driver.
Contact a Fort Collins Rear-End Accident Lawyer Sooner Rather than Later
It is important to contact a lawyer as soon as possible after a Fort Collins rear-end accident because there are time limits to filing a legal claim. For example, if the at-fault driver was in a government vehicle or works for the government, the Colorado Governmental Immunity Act applies. The Governmental Immunity Act gives only 180 days in which to notify the governmental entity of a legal claim against it.
Let Mac Hester Law worry about the deadlines for your claim and building a solid case so that you can focus on healing from your injuries. To consider your personal injury claim, call today to speak to someone about your case.