How to Tell Who Hit Whom in a Car Accident
During the chaos of a car accident, it can be difficult to determine who hit whom. Determining fault is rarely simple. In some cases, both drivers insist they had the right of way. Other times, one party leaves the scene or offers a different version of events.
Knowing how fault works can help you protect your rights and strengthen your case after a car accident in Denver, CO. In this guide, we’ll explain the evidence used to determine who hit whom, the role of insurance companies, and how Colorado’s fault laws apply.
Fault in Colorado Car Accidents
Colorado uses a fault-based system for car accidents. That means the person who caused the crash is responsible for paying damages. Police reports, insurance claims, and lawsuits will all revolve around the question of who was at fault.
Fault affects:
- Who pays for vehicle repairs
- Who pays for medical bills
- Insurance premium increases
- Legal responsibility in court
If you’re blamed for a crash you didn’t cause, you could face serious financial and legal consequences.
What Evidence Is Used to Determine Who Hit Whom?
Law enforcement, insurers, and attorneys look at many types of evidence when deciding who hit whom in a car accident.
Common indicators include:
- Vehicle damage location: Damage on the front of one car and the rear of another often points to a rear-end collision.
- Skid marks or debris: These can show speed, direction, and stopping distance.
- Surveillance or dashcam video: Footage may clearly show the sequence of events.
- Witness statements: Neutral bystanders may confirm which driver caused the crash.
- Traffic citations: If one driver is cited for a violation, it may suggest fault.
- Traffic law violations: Right-of-way violations, failure to yield, and improper lane changes are strong indicators.
Investigators often build a picture from multiple clues. No single piece of evidence is usually enough on its own.
What if Both Drivers Are at Fault?
In Colorado, more than one driver can share responsibility for a collision. The state follows a modified comparative negligence rule. If you are less than 50% at fault, you can still recover a portion of the award, but it will be reduced by your share of the blame. For example, if you were 20% at fault and had $10,000 in damages, you could receive $8,000.
If you are found to be 50% or more at fault, you cannot recover damages from the other driver.
Can an Insurance Company Decide Fault?
Yes, insurance companies conduct their own investigations and make liability decisions. They review the same evidence, such as photos, witness statements, police reports, and damage assessments.
However, insurers don’t always get it right. They may side with their own customer, unfairly shift blame to you, or minimize your injuries. You don’t have to accept their decision without question. You can appeal or file a lawsuit if you disagree with the outcome.
What to Do After a Crash to Protect Yourself
If you’re involved in a crash and fault is unclear, take steps right away to protect yourself:
- Call the police so there’s an official report
- Take photos of all vehicles, damage, and the scene
- Get names and contact info for witnesses
- Record your own statement while the details are fresh
- Notify your insurer and stick to the facts
- Avoid admitting fault or speculating about what happened
Even a small comment can be used against you during the claims process, so be careful what you say.
Contact Zaner Law Personal Injury Lawyers Today for a Free Consultation With a Denver Car Accident Attorney
Establishing who hit whom in an auto accident is essential for protecting your legal rights and financial future. In Colorado, fault determines who pays and how much. If you’ve been in a crash and aren’t sure who was responsible, an attorney who can help you collect the right evidence and understand the process can make all the difference.
Zaner Law Personal Injury Lawyers can provide that assistance, navigating the complexities of insurance claims and legal proceedings with expertise and a commitment to your well-being. Don’t delay; call us to secure your free consultation with a Denver car accident lawyer now.
We are located in Denver, CO, proudly serving all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120
Denver, CO 80202
(720) 613 9706
