Denver Rear-End Accident Lawyer

Rear-end accidents frequently occur when traffic slows or stops suddenly at an intersection or in congested traffic, and the driver behind you fails to brake in time. Because these crashes often occur at lower speeds, insurance companies frequently argue that the impact wasn’t severe enough to cause a real injury, even though whiplash and soft tissue injuries are common at these speeds.

A rear-end collision at highway speeds involves far greater force than one in stop-and-go traffic, which increases the risk of serious injuries such as herniated discs, spinal cord damage or traumatic brain injury. These cases typically involve higher damages and require detailed medical documentation to establish the full extent of your injuries.

When a rear-end collision involves three or more vehicles, determining fault often becomes more complicated. If you were driving the lead vehicle and were rear-ended by the car directly behind you, that driver may not be the only one responsible for your injuries. The driver who initially caused the chain reaction may also share liability if their negligent actions set the collision in motion. Determining the percentage of fault attributed to each driver requires a careful review of the evidence associated with your accident.

A driver who is texting, using their phone or adjusting a navigation system may fail to notice traffic slowing or stopping ahead of them until it’s too late to brake. Cell phone records and any available dashcam or traffic camera footage can help establish that distracted driving caused the rear-end car accident.

A driver under the influence of drugs or alcohol has significantly impaired reaction time, which makes a rear-end car accident far more likely when traffic slows or stops ahead of them. In addition to pursuing compensation from the driver’s insurance, these cases may be eligible to recover punitive damages depending on the circumstances of the accident.

During your free consultation, Mr. Pushchak will ask you about the events of the accident, the injuries you’ve suffered and how they’ve affected your daily life. He’ll explain your legal rights under Colorado law and answer any questions you have about the claims process. By the end of the conversation, you’ll know exactly what to expect as your case moves forward.

Mr. Pushchak will move quickly to gather the police report, witness statements and any available traffic camera or dashcam footage documenting the accident. This evidence establishes the cause of the accident and builds the foundation of a strong case on your behalf.

Mr. Pushchak works with medical experts who can document your injuries, establish their severity and identify the need for any potential future follow-up procedures that should be included in your damages. This documentation also provides conclusive evidence that your injuries were caused by the car accident, making it more challenging for insurance companies to connect them to a prior condition.

Mr. Pushchak will negotiate with the insurance company on your behalf to arrive at a settlement that fairly compensates you for your damages. This negotiation typically involves a series of counteroffers, with the goal of arriving at an agreement that is satisfactory for both sides and reflects the total value of your damages. Throughout negotiations, Mr. Pushchak will fight aggressively to help you maximize the value of your compensation.

Mr. Pushchak’s goal is to settle your case whenever possible, since this provides you with a faster outcome and ensures you receive compensation for your damages. But there are some instances where a settlement may not be in your best interests. Mr. Pushchak prepares every case for trial, and he will pursue your compensation in court if the insurance company fails to make a fair offer. His extensive litigation experience and thorough trial preparation gives you the greatest chances of success if your case goes to trial.
You won’t pay anything out of pocket to have Mr. Pushchak represent you. His fee consists of a percentage of your recovery, and you owe nothing if he doesn’t win your case.

Some of the most common causes of rear-end car accidents include:

• Following Too Closely – Tailgating prevents drivers from having enough room to stop safely if the traffic ahead them slows or stops suddenly.
• Speeding – Driving above the speed limit extends the distance a vehicle needs to come to a stop, increasing the likelihood of a rear-end collision.
• Fatigued Driving – Fatigue slows a driver’s reaction time, which can make it harder to stop in time if the vehicle ahead of them stops suddenly and without warning.

Failure to Account for Wet or Icy Road Conditions – Poor road conditions increase a vehicle’s stopping distance well beyond what’s needed on dry pavement, and drivers failing to adjust their speed accordingly is a common cause of rear-end accidents.

In the vast majority of rear-end car accidents, the driver who struck you from behind is the liable party. Colorado’s modified comparative negligence laws require that driver to be at least 51% responsible for the collision for you to recover compensation, and in rear-end accidents that standard is almost always met. However, depending on the circumstances of your accident, additional parties may also be at least partially responsible for your damages:

• The driver who rear-ended you is the primary liable party in most rear-end car accident cases
• The driver of a third vehicle may be partially at fault if they hit the car behind you, causing that vehicle to rear-end you
• An employer may be liable if the driver who struck you was operating a company vehicle or performing work duties at the time of the crash
• A vehicle manufacturer may bear responsibility if a mechanical defect, such as brake failure, contributed to the driver’s inability to stop in time
• A government entity may be liable if a road defect, inadequate signage or a malfunctioning traffic signal contributed to the accident

Colorado law entitles you to recover both economic and non-economic damages from the negligent driver who caused your injuries in a rear-end car accident.

Economic Damages

Economic damages refer to the financial costs you’ve incurred due to the injuries you’ve suffered in the car accident. Depending on the specifics of your case, your economic damages may include:

• Emergency room visits, diagnostic imaging and follow-up medical treatment
• Physical therapy and other rehabilitation costs
• Costs of future medical treatment if your injuries require ongoing care
• Lost wages due to missed work during your recovery
• Lost earning capacity if your injuries limit the work you can do going forward
• Vehicle repair or replacement costs

Non-Economic Damages

Non-economic damages compensate you for the ways the accident has affected your life beyond the financial costs. They may include:

• Pain and suffering
• Emotional distress, including anxiety related to driving
• Loss of enjoyment of activities you valued before the accident

Colorado law gives you three years from the date of your accident to file a car accident lawsuit. Missing this deadline generally prevents you from recovering compensation.

While you have three years to file your claim, it’s best to hire a lawyer shortly after the accident. Speaking with Mr. Pushchak right away enables him to investigate your case while evidence is still fresh. This reduces the chances that photo and video footage may get erased or witness recollections fade. A timely investigation is one of the most important steps you can take to increase your chances of a successful recovery.

The driver who struck you from behind is at fault in the vast majority of rear-end car accidents. Drivers are required to maintain a safe following distance and ensure they have enough time to stop without hitting the car in front of them. Even if the other driver claims you braked suddenly or without warning, a rear-end collision typically indicates they failed to maintain this safe following distance. In Colorado, there is a presumption of negligence if you rear end someone.

The value of your case depends on the severity of your injuries, the cost of your medical treatment, your lost wages and the impact the accident has had on your daily life. Mr. Pushchak can give you a more accurate estimate of your case’s value after reviewing the specific details of your accident and injuries during your free consultation.

Seek medical attention, even if your injuries seem minor at first, since some injuries don’t produce symptoms right away. Call 911 to report the accident and request a police report. Exchange information with the other driver, and photograph the vehicle damage, the accident scene and any visible injuries. Avoid discussing fault with the other driver or their insurance company before speaking with an attorney.

Yes. An admission of fault at the scene doesn’t guarantee the insurance company will offer fair compensation for your damages. Insurance companies still routinely dispute the severity of injuries and try to minimize settlement offers, even in cases where liability was never in question.

Colorado law gives you three years from the date of your accident to file a rear-end car accident lawsuit. Waiting to contact an attorney can still hurt your case within this window, since evidence such as traffic camera footage may no longer exist and witnesses’ memories of the crash fade over time.