The trailing driver is presumed at fault in most rear-end crashes. Colorado law requires drivers to leave enough space to stop safely, so when a rear-end collision happens, it’s usually because the driver behind either followed too closely or wasn’t paying attention. That presumption is a starting point, not an absolute rule, and it can be challenged with the right facts.
When the presumption doesn’t hold
If the front driver stopped suddenly and unnecessarily in an active lane, reversed unexpectedly, or had non-functioning brake lights, some of the fault can shift back onto them. These cases usually come down to exactly what the evidence shows about both drivers’ actions in the seconds before impact.
What to do next
If this is where you are right now, call Mile High Legal at (720) 853-5779 for a free consultation. We handle Colorado car accident and injury claims on contingency, meaning you pay nothing upfront and nothing at all unless we recover money for you.


