A top-rated attorney who was included in Rising Stars from 2013 to 2019, Gabriel Schwartz serves as president and attorney at Justice for Colorado in Denver. This three-lawyer, Denver firm predominantly handles criminal defense, personal injury, and traffic ticket matters. In addition, Gabriel Schwartz and his colleagues handle car accident cases for clients.

Similar to many states, Colorado is an “at fault” state when it comes to car accidents. This means that drivers can file claims against the party or parties responsible for causing a car accident. Because of this rule, determining who is at fault for a car accident is extremely important.

For certain car accidents, the fault is always assigned to a certain driver. These are called “no-doubt liability” accidents, and are very difficult to argue against. Drivers who are always at fault for a car accident are those who run a red light, are impaired by alcohol or drugs, or are backing up. Drivers who rear-end the car in front of them are also assigned fault in accidents, as are drivers who make a left-hand turn in front of cars going in the opposite direction.

Outside of these no-doubt liability accidents, determining fault is more difficult. The official police report of the accident is usually the best form of evidence when it comes to determining fault. Normally, these reports contain information about whether either driver was speeding at the time, whether paint was found on one vehicle’s dents, witness statements, and other related evidence.

Another method of determining fault in a car accident is by analyzing the location of the damage. Using principles of physics, the extent and location of the damage on all involved vehicles indicates which car was at fault for causing the accident.