Not every car accident case is clean-cut. This one had a twist — and our team turned it into a masterclass in litigation strategy.
When most people think of a rear-end collision, they assume the driver who did the rear-ending is automatically at fault. It’s one of the most deeply held assumptions in personal injury law — and frankly, it’s one that insurance companies love to exploit.
In a recent case, Jordan Law attorney Michael Harris faced exactly that challenge. Our client had rear-ended the defendant’s vehicle. On the surface, that sounds like a tough position to be in. But as Michael will tell you, the surface is rarely the whole story.
The Setup: A Stopped Truck with No Warning
The defendant was operating a commercial delivery truck that had stopped on the roadway — without hazard lights on and without placing the required warning triangles. The investigating officer agreed: he cited the defendant driver for both violations.
Under Colorado law, there is a presumption of negligence when a driver rear-ends another vehicle. That’s a real legal hurdle. But Michael saw something the other side didn’t fully appreciate: a presumption can be overcome, and pressure points can be found in almost any case.
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The Strategy: Use the Deposition as a Weapon
Michael’s approach centered on one of the most powerful — and underutilized — tools in a plaintiff attorney’s toolkit: the defendant’s own deposition.
Rather than simply asking what happened, Michael walked the defendant through his company training, his understanding of proper safety protocols, and critically — what he would do differently if he could go back.
The defendant’s answer? Nothing.
He was driving safely. He did everything right. Given another chance, he’d do it all the same way.
That answer, freely given, became the foundation for something significant.
The Punitive Damages Play
Under Colorado law, punitive damages exist to deter future misconduct. Once a defendant testifies under oath that he understood the situation, believed his conduct was appropriate, and would repeat it without hesitation — you’ve just built the scaffolding for a punitive damages claim.
That’s exactly what happened here. Armed with that deposition testimony, Michael successfully moved the court to amend the complaint to add punitive damages.
That single procedural move changed the entire landscape of the case:
- It elevated the financial exposure for both the defendant driver and the corporation
- It created potential conflicts between the two defendants, who may now need separate legal counsel
- It applied pressure that shifted the negotiating dynamic dramatically in our client’s favor
When two defendants start looking sideways at each other and wondering whose insurance is going to take the hit — that’s leverage. Real leverage.
The Takeaway
Cases that look difficult on the surface often have pressure points that skilled attorneys know how to find and exploit. The “who rear-ended whom” question was never the whole story here. The whole story was a commercial driver who ignored safety requirements, put our client at risk, and then — under oath — showed no remorse and no intention to change.
Michael Harris and the Jordan Law team made sure the other side felt every bit of that.
If you or someone you love has been injured in a vehicle accident — even one where the facts seem complicated — don’t assume you don’t have a case. Call Jordan Law at (303) 465-8733 for a free consultation. We know where to look.
Jordan Law Accident & Injury Lawyers serves clients throughout the Denver metro area, including Greenwood Village, Centennial, Littleton, Aurora, Denver, Boulder, and surrounding communities.