Fault on a rear-end crash is usually the easy part. Boulder County files get fought over injury severity and over whether conditions rather than the driver caused the impact.
The wind or the road surface caused it, not our driver. Conditions on the exposed corridors get offered as an intervening cause.
Colorado measures the following distance against the condition of the highway, so poor conditions raise the required distance rather than excusing a shorter one. The weather record and the maintenance record both go into the file.
The impact was too minor to injure anyone. Bumper systems are engineered to absorb and rebound from low-speed impacts rather than to record them, so visible damage tracks occupant injury poorly.
Same-day documentation, imaging and a treating physician opinion answer that directly. It surfaces most often in the internal collector crashes, where speeds genuinely are low.
You stopped too suddenly. Under C.R.S. 13-21-111 an insurer needs to move only 50 percent of the fault to defeat the claim completely, which is why this one is pushed hard even when it is weak.
On a road where the queue forms in the same place most afternoons, slowing for it is what a careful driver does. The scene evidence and the accounts of other drivers in the queue establish that.
The injury is inconsistent with the reported speed. Adjusters compare the stated impact speed against the treatment and argue the two do not match.
Reported speeds at a scene are estimates rather than measurements. The imaging and the clinical findings carry more weight than a number written down in the minutes after a crash.
The other driver had no coverage. Colorado is a fault-based state, so the claim runs against the at-fault driver liability insurer, and where that driver carries minimum limits or nothing, uninsured and underinsured coverage on your own policy or an employer commercial policy may apply.
A town this size sends most of its traffic somewhere else, so the striking driver is frequently insured in another county entirely.
Those questions are worked through in is Colorado a no-fault state and in hit by an uninsured driver in Colorado.