Rear End Collisions
At Cook, Bradford & Levy, rear-end collisions are the most common type of car accident that our clients are involved in. Under Colorado law, the driver who rear-ended you is presumed to be at fault for the crash. An experienced Boulder rear-end collision attorney can explain to you that the presumption of fault means that the other driver starts off from a position of liability, or being responsible, for the crash. In other words, unlike other scenarios, in rear-end collisions the at-fault driver must then be able to justify why he is not at fault for the crash.
Even though Colorado law presumes a driver who rear-ended you to be at fault for the crash, an experienced Boulder rear-end collision lawyer knows that liability is not always clear. On more than one occasion our attorneys have seen defendant drivers deny many of the usual factors that caused the rear-end collision such as distracted driving, driving too fast, and failing to keep a safe distance between vehicles. While these drivers may feel better about themselves and think they are somehow less responsible for the crash, their excuses do not change the fact that they rear-ended someone else and are presumed to be at fault.
A Boulder rear-end collision attorney knows that the standard for driving safely in Colorado is that you must drive as a reasonable person would under the circumstances. To illustrate, when there are icy conditions on the road we know that a reasonable person would drive slowly, carefully, with good tires, and leave plenty of room between cars. If the evidence appears to show that the defendant driver was following good driving practices at the time he or she rear-ended you, an experienced Boulder rear-end accident attorney will tell you that you still have a case. In addition to the presumption against the at-fault driver, our experienced attorneys will almost always be able to identify something that the driver who caused the rear-end collision did wrong, or should have done better. After all, if they driver who rear-ended you had been doing everything correctly under the circumstances, then there would never have been a crash in the first place. Our established Boulder rear-end collision attorneys regularly conduct investigations into the cause of car accidents and have many tools at our disposal such as taking the deposition of the other driver, hiring an engineer or accident reconstructionist, talking to human factors experts, interviewing witnesses including the investigating officer (if there was one), examining maintenance records, and many other avenues.Presenting Your Rear-End Collision Case
As touched on above, Cook, Bradford & Levy Boulder rear-end collision lawyers will thoroughly investigate your case and compile all of the evidence against the at-fault driver. Once we have gathered as much evidence as possible, we will present your case to the at-fault driver’s insurance company in a “demand package.” This will include the fruits of our investigation to date as to the cause of the crash, as well as an explanation of how the crash impacted you and your family physically, emotionally, and financially. In short, we tell your story to the insurance company in a thorough report supported by as much evidence as possible. At that point, we will see how much money the insurance company offers to settle your case. A Boulder rear-end collision lawyer will work with you to see if we can reach a settlement with the insurance company that fully compensates you for your damages and losses.
At Cook, Bradford & Levy, most of the time we are able to resolve our clients’ cases through negotiations. However, in the event the insurance company fails to fully compensate you for your damages arising from the rear-end accident, our experienced rear-end collision attorneys are ready to discuss with you the potential benefits and risks of filing a lawsuit against the at-fault driver and his or her insurance company. We believe that courtroom trial experience matters, and if we need to litigate your case, we have the experience and a successful track record of doing so. Filing suit does not mean that you will automatically be going to court. Rather, it means the insurance company is now in a position where they are forced to re-evaluate your case with a new set of eyes (usually the insurance company’s lawyer). Rear-end collision lawyers with experience in litigation will also have additional opportunities to gather evidence to further support your case through depositions, inspecting the at-fault’s vehicle, etc. Once this is complete, we are usually able to resolve our clients’ rear-end collision cases with the help of a mediator, and for more financial compensation than the insurance company initially offered.
If you have been in a rear-end collision in Boulder County, we understand that you probably have questions. Our experienced Boulder rear-end collision lawyers are ready to answer your questions and help you get your life back on track. We encourage you to reach out to our friendly and knowledgeable attorneys at 303-543-1000 and set up a free consultation to discuss your case in detail.