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Why Choose Matlin Injury Law for Your Rear-End Accident Claim?
Choosing the right legal representation significantly impacts the outcome of your personal injury claim. Matlin Injury Law provides dedicated legal support to accident victims throughout Colorado. Our firm brings extensive local experience to every case. We help handle the specific details of Colorado traffic laws and insurance regulations effectively.
Our legal team prioritizes personalized attention for every client. You are not just a case number; you are an individual seeking justice and stability after a traumatic event. Our attorneys, led by Brian Matlin, Esq., maintain a strong commitment to client communication, keeping you informed at every stage of the legal process. We operate on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. We also offer free initial consultations to help you understand your legal options without any financial risk.
Legal Representation for Rear-End Collision Victims in Colorado
Rear-end collisions are among the most common types of traffic accidents in Colorado. While some people dismiss these as “fender benders,” the physical reality is often much more serious. Our legal service involves a comprehensive approach to your recovery. We investigate the crash thoroughly, gather important evidence, and prove liability. Additionally, we negotiate with insurance providers to work toward a fair settlement.
This service is important for drivers or passengers struck from behind, particularly in “low-impact” crashes. Insurance companies frequently contest injuries in these scenarios. They claim that minimal vehicle damage means no one could have been hurt. However, the physics of a rear-end impact often result in significant soft-tissue injuries or spinal damage. We work to help victims avoid paying for someone else’s negligence out of their own pockets.
Handling the Details of Colorado Rear-End Accident Claims
Understanding the legal framework is important for a successful claim. Colorado Revised Statutes § 42-4-1008 addresses the issue of “following too closely.” The law requires drivers to maintain a distance that is “reasonable and prudent.” This takes into account vehicle speed, traffic conditions, and the state of the highway. When a driver violates this statute and causes a crash, it serves as evidence of negligence.
Colorado also follows a modified comparative negligence rule. If you are partially at fault, your compensation may be reduced by your percentage of fault. However, you can still recover damages if you are less than 50% responsible. This rule becomes important in multi-vehicle pile-ups. Determining the sequence of impacts requires a detailed analysis. We handle these issues by working with accident reconstruction experts to build a clear picture.
How We Evaluate and Strengthen Your Rear-End Collision Case
At Matlin Injury Law, we use a thorough evaluation process to build a strong case for our clients. We start by gathering all available medical documentation. In rear-end cases, medical records provide objective evidence of injuries like whiplash or herniated discs. We also utilize accident reconstruction and witness statements to solidify the facts of the crash.
Strengthening your claim starts immediately after the accident. Seeking immediate medical attention is important, even if you feel “fine” at the scene. Adrenaline often masks pain, and many rear-end injuries take hours or days to manifest. Furthermore, we advise all clients to avoid giving recorded statements to the other driver’s insurance company. These adjusters are trained to elicit statements that can devalue or deny your claim. We manage all communication with the insurance companies on your behalf.
Speak with a Colorado Rear-End Collision Lawyer Today
If you or a loved one suffered injuries in a rear-end crash, seek legal help. The Colorado car accident statute of limitations sets a strict deadline for filing a claim. Evidence can disappear quickly. Matlin Injury Law is ready to provide the support and advocacy you need. We will handle the investigation, the insurance companies, and the legal issues. This allows you to focus on getting your life back on track.
Contact Matlin Injury Law today to schedule your free, no-obligation case review. We will listen to your story, evaluate your claim, and explain your legal options. Remember, we work on a contingency basis. You owe us nothing unless we recover compensation for you.
Call us today at (303) 854-6078 to start your journey toward recovery.
FAQs
Is the rear driver always at fault in a Colorado rear-end collision?
While the rear driver is typically at fault, they are not “always” responsible. In most cases, the trailing driver bears liability for failing to maintain a safe following distance. However, exceptions exist. For example, the lead driver might suddenly reverse or have non-functioning brake lights. If they cut off the rear driver and slam on the brakes, they might share responsibility. We examine the specific facts of your accident to determine liability.
What are the most common causes of rear-end crashes in Colorado?
Distracted driving accidents top the list of causes for rear-end collisions. Checking a phone or adjusting the radio can lead to a crash in seconds. Other common causes include tailgating, speeding, and driving under the influence. Poor weather conditions, like ice or snow on Colorado roads, also cause accidents. Mechanical failures, such as brake malfunctions, contribute to these accidents less frequently.
How does Colorado’s "presumption of fault" work in these cases?
Colorado law generally operates under a rebuttable presumption of negligence for the rear driver. This means the law assumes the rear driver is at fault unless they prove otherwise. This presumption stems from the requirement to maintain a safe distance from the vehicle in front. Overcoming this presumption requires significant evidence of the lead driver’s negligence.
What types of compensation can I recover after a rear-end accident?
Victims of rear-end collisions can seek various forms of compensation, known as damages. These include economic damages, such as medical expenses, lost wages, and loss of earning capacity. You can also pursue non-economic damages for pain and suffering and emotional distress. In cases involving extreme negligence, punitive damages might also be available. We work to calculate the full settlement value to help cover your future needs.
How long does it take to settle a rear-end collision claim?
The timeline for a settlement varies based on the details of the case and injuries. Some claims settle within a few months. Others involving disputed liability or extensive medical treatment can take a year or longer. It is often best to wait until you reach “Maximum Medical Improvement” (MMI) before settling. This helps make sure all medical costs and long-term impacts are included in the demand.
What should I do if the insurance company offers a quick settlement?
Be extremely cautious of early settlement offers. Insurance companies often attempt to settle quickly before the full extent of injuries is known. Once you sign an agreement, you waive your right to seek further compensation. If you later need surgery or physical therapy, the insurance company will not pay. Always have an experienced attorney review any offer before you sign anything.
Can I still file a claim if my car has minimal visible damage?
Yes, you can. Modern vehicles are designed to absorb impact, often leaving the exterior looking intact. The force of the collision is transferred directly to the occupants. This impact can cause significant internal and soft-tissue injuries. Our law firm has represented many clients in cases where vehicle damage was minimal, but injuries were life-altering. We use medical experts to explain the mechanics of these injuries to insurance adjusters.
Will my case have to go to court, or will it settle?
The vast majority of personal injury cases settle out of court. Insurance companies generally prefer to avoid the expense and unpredictability of a trial. However, we prepare every case as if it is going to trial. This thorough preparation gives us maximum leverage during negotiations. If the insurance company refuses a fair settlement, we are prepared to go to court.
Do I really need a lawyer for a "simple" rear-end accident?
While you are not legally required to have a lawyer, representation often results in higher compensation. Insurance companies have teams working to minimize their payouts. A lawyer levels the playing field. We understand the tactics insurance companies use and how to counter them. We also handle the administrative burden of the claim. This allows you to focus on your recovery rather than paperwork and phone calls.