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Colorado Injury Firm

Fort Lupton Rear-End Car Accident Lawyer

Rear-end collisions are the most common type of car accident, according to the National Highway Transportation Safety Administration. Many rear-end crashes are just minor fender benders that result in a hassle of insurance paperwork, but others result in severe injuries and even fatalities. If another car rear-ended your car, you might be in a great deal of physical and emotional pain, and you may also be suffering financially. A hardworking attorney could fight for your rights. A Fort Lupton rear-end car accident lawyer will work with you to aggressively pursue the best possible outcome for you.

Types of Harm Caused by a Rear-End Collision in Fort Lupton

Even relatively minor rear-end collisions can cause harm to a person in a lead car. Most commonly, people experience whiplash, which occurs when the impact of a collision forces the head back and forth, resulting in neck, shoulder, and upper back injuries. However, unlike with fractures, whiplash cannot be seen on an x-ray, so it can be challenging to prove. An at-fault driver and their insurance company may argue that the whiplash pain is exaggerated and fight to deny a claimant’s recovery for whiplash injuries. A skilled lawyer will present the medical evidence in the best possible light to show how real a claimant’s whiplash injury is.

In addition to whiplash, victims of rear-end collisions commonly suffer from:

  • Back injuries, including spinal cord injuries and paralysis
  • Head injuries, such as concussions and other traumatic brain injuries
  • Disfigurement of the face
  • Injuries to the arms and legs
  • Injuries caused by seat belts or airbags
  • Death

A Fort Lupton rear-end car accident lawyer will review a claimant’s injuries to determine what type of damages to pursue in a claim and can help maximize the recovery of damages.

Proving Liability in a Fort Lupton Tailgating Collision

Generally, in a rear-end collision, liability is easier to determine because the at-fault driver is usually considered to be the tailgating driver. Insurance companies and courts typically recognize that the driver who rear-ends another car is the negligent party and thus legally responsible for the accident. However, there are certain situations where the rear driver is not considered to be solely at fault, including:

  • Driving with no lights on
  • Driving with a broken brake light or taillight
  • Hitting the brakes for no valid reason
  • Suddenly driving in reverse
  • Driving with a flat tire or other mechanical problem

In situations where the lead vehicle bears some degree of responsibility, Colorado courts apply a standard of comparative negligence in which the court reduces the rear driver’s damages in proportion to the lead driver’s degree of liability, as set forth in Colorado Revised Statutes Section 13-21-111. If the court finds that the lead driver was 25 percent responsible for the accident because they drove with one broken tail light, then the lead driver will recover 25 percent fewer damages. If the court finds that the lead driver was 60% responsible for the accident because they drove with no lights on in a blinding blizzard, then the court will award the lead driver no damages because Colorado law prohibits recovery of damages when the claimant is more responsible for the accident than the other party.

Acquiring Help from a Fort Lupton Rear-End Car Accident Attorney

Although you may think that the driver who hit your car from behind will automatically be held legally responsible for your accident, that may not be the case. You really should reach out to a local lawyer as soon as possible to discuss the details of your case. A skilled attorney will stand up for you against another driver or their aggressive insurance company who is trying to deny liability and place the blame back on you. A Fort Lupton rear-end car accident lawyer will work hard to reach the best possible outcome for your case. Call today to get started.

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