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Compensation for Tailgating-Related Crashes in Denver

Posted in Blog on July 6, 2016

Tailgating accidents happen each and every day on the roads of Denver. Drivers are in a hurry and drive too closely behind another vehicle. When the car in front has to hit the brakes suddenly, a driver behind that is following too closely has an inadequate amount of time to slow or stop as well. When the rear driver cannot stop in time, a rear-end collision occurs.

Understanding Tailgating-Related Accidents


Denver drivers find themselves involved in tailgating-related crashes under one of two scenarios: either the driver hits the brakes and someone else rear-ends them, or another driver slams on the brakes ahead of a driver’s vehicle causing the driver to rear-end the vehicle in front of them.

Most rear-end accidents are clean cut cases. On of the two drivers involved in the rear-end accident did something wrong. The cause of the accident could be:

  • The behind driver was following too closely;
  • The behind driver was speeding;
  • The front driver slammed on the brakes with no good cause;
  • The behind driver was driving while distracted, e.g., not paying attention, texting, or using a phone;
  • The behind driver misjudged the distance between their vehicle and the vehicle ahead of them;
  • The front driver slowed suddenly to make a turn that they almost missed; and/or
  • The front driver accidentally put their vehicle in reverse at a light or stop sign.

Some Rear-End Accidents are the Fault of the Front Driver

While many of the rear-end accidents that happen in Denver are due to the negligence of the driver that is to the rear, sometimes the accident is the fault of the driver in the front. Some drivers find themselves involved in rear-end accidents where a driver cuts in front of them and then slams on the brakes, causing the driver behind to rear-end the vehicle that slammed on the brakes. The driver was doing everything right, but still ended up involved in a rear-end accident due to the negligence of someone else. The driver in front could recklessly slam on the brakes to make a turn, or could slam on the brakes because they are not paying attention to what they are doing.

Comparative Fault In Colorado

What happens if both the driver to the front and the driver to the rear are both at least partially responsible for causing the rear-end collision? Colorado is a comparative fault state, meaning that a car accident victim may still be entitled to damages in a car accident lawsuit if he or she is partly at fault for causing the accident. This is true so long as the victim is not more than fifty percent responsible for causing the accident. Victims who are more than fifty percent responsible for causing the rear-end collision cannot recover for their injuries or losses.

When You Need a Lawyer for a Tailgating Accident in Denver

If you have been involved in a tailgating-related automobile accident, you should contact the personal injury lawyers at Zaner Harden Law. An experienced Denver car accident lawyer can help you with filing a personal injury insurance claim or lawsuit. We can help you with all aspects of an automobile personal injury case.