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Who is at Fault in a Rear End Accident?

Posted by Jeremy Rosenthal | Oct 20, 2020 | 0 Comments

There is some misconception about rear-end accidents in Colorado. Many people think that the rear driver in a rear-end collision is always at fault. Most of the time, the rear driver is at fault. However, in some situations, the driver in the front car may have caused the accident and could be held liable for damages. 

Rear-End Accidents in Colorado

Earlier this year, there was a fatal accident on I-25 caused by a rear-end collision. According to the State Patrol, the tailing driver rear-ended another vehicle at high speed, causing the vehicle to hit a guardrail and go airborne, flipping end over end. The two drivers involved suffered injuries but survived. However, one of the passengers died in the accident. 

Many rear-end collisions involve low-speed accidents. A driver may be distracted at an intersection and roll forward without realizing the car in front has stopped. This can be common in heavy stop-and-go traffic in places like Denver and Boulder. However, even a low-speed collision can cause serious injuries. 

Fault in Rear-End Accidents 

Fault in a car accident is important to determine because the at-fault driver is usually liable for damages. If one driver causes an accident that injures another driver, the at-fault driver may be required to pay for losses and costs associated with the crash, including: 

Fault may be shown through negligence. All drivers on the road have a duty of care to others. If one driver breached that duty which caused the accident, the driver may be liable. Fault can also be shown through violating a traffic law. For example, if a driver ran a stop sign and caused an accident, they may be negligent because they violated a traffic law which was intended to prevent accidents, and the violation was a cause of the accident. 

When the Lead Driver May Be At Fault

There are times when the driver in front may be at fault for an accident. For example, if a car comes to a stop at a light and is across the line or is in the crosswalk, the driver may try to reverse out of the intersection. If another car has already pulled up behind the driver, the driver backing up may hit the car in the rear. In this case, the front driver may be at fault for reversing while not watching for vehicles behind. 

Road rage may also cause an accident with the driver in front at fault. Some drivers get angry with a vehicle they think is going too slow in the left lane. In revenge, the driver may pull up in front of the “slow” driver and slam on the brakes. If the driver does this negligently, they may be liable for causing an accident. 

As with many accidents, the driver who caused the accident may not admit fault and try and blame the accident on the other driver. If a driver is refusing to admit they did something wrong, there is no need to argue with them on the side of the road. If the insurance company refuses to pay for the damage, you may want to take the case to court to make sure you get the compensation you are owed. 

Colorado Car Accident Injury Lawyer

The attorneys at have successfully represented drivers and passengers in Denver, Aurora, and throughout Colorado who were injured in an accident. Even if the insurance company does not take your claim seriously, our experienced attorneys will fight to get the maximum compensation available for your injuries. Contact us today for a free consultation. 

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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