There are few certainties in life, let alone in injury law. But one of the few that remains is the fact that a driver who causes a rear-end collision is most likely to be found liable for resulting injuries and property damage.
Insurance adjusters know and accept it. Even though insurance companies make liability determinations independent of law enforcement - even when citations are issued - the rear driver will most often be found at some degree of fault.
When you file a claim, your case is assigned to a team of adjusters, investigators, and legal and medical experts assembled to do whatever possible to reduce the cost of your claim. Consequently, when a rear-end collision occurs, insurance companies will mostly focus on reducing the costs associated with medical care, property damage, and other claims.
Insurance companies do not rely upon one person to handle a claim. Neither should you.
These claims can be complicated when a rear-end collision occurs. Insurance companies most often follow the “double-tap rule.” What this means is that if forward drivers feel one collision, the rear-most driver will most often be found responsible. But if more than one collision is felt, it most often means that middle drivers will be found at some degree of fault.
This can result in multiple insurance companies arguing over liability, and long delays in payment of damages to victims. Additionally, Colorado is a modified comparative negligence state. This means a driver who is found at some degree of fault will have a damage claim proportionately reduced. And any driver found more than 50 percent at fault will be barred from seeking a recovery.
Additionally, rear-end accidents are often associated with neck injuries and other soft-tissue injuries such as whiplash. These injuries may not present immediately after a collision. In fact, it may take days or even weeks for the full extent of your injuries to present themselves. Despite the fact that causation is well understood and such injuries can result in serious, long-term medical consequences, insurance companies commonly fight payment for such injuries because they cannot be easily diagnosed and are not readily visible on diagnostic tests, such as X-rays or CT scans. So, we can see that even in a rear-end collision there are often many complicating factors.
Early consultation with an experienced car accident lawyer in Denver is the best thing you can do to protect your rights while maintaining peace of mind throughout the claims process. At Ken Fiedler Injury Law, we believe anyone dealing with a traffic collision deserves immediate, access to experienced legal help.
We offer free and confidential consultations to discuss your rights. For each client we accept the responsibility of representing, we do so on a contingency fee basis. That means you pay nothing up front. We are paid based on a portion of the damages we are successful in winning on your behalf. So you pay us nothing unless we win.
Ken Fiedler Injury Law provides passionate, principled and proven representation to victims and families looking for an experienced personal injury lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.
If you’ve been injured in a Colorado or Illinois truck accident, contact Ken Fiedler Injury Law to discuss your options in a free initial consultation. You can send us an email by filling up the form below or call our Denver office at 720-996-0871 and our Chicago office at 312-788-2600.
If you or a loved one is injured, contact Ken Fiedler Injury Law at 720-706-6039 for a free and confidential consultation to discuss your rights.