At low speeds, it may seem like a rear-end collision can be categorized as a simple “fender bender,” a crash with minimal impact on anyone involved. In the event of a fender bender, the drivers involved exchange insurance information, take some pictures, and go on with their day after this annoyance. The claims process is relatively simple, and the insurance company will issue payment after the claimant submits an estimate for repairs from a trusted mechanic.
But what if your rear-end collision has a greater set of consequences? Whiplash can be a very serious injury for people of any age, and it can occur at any speed. In addition, airbags can cause injuries, even more so if they deploy at low speeds. There are so many variables that go into any car accident that it is nearly impossible to say what injuries can happen at what speeds, or from what type of accident.
If you have been injured in a rear-end collision, contact us today to discuss your legal options. We offer an initial consultation where you will be able to talk about the accident, the injuries you have sustained, the impact that they have had on your life, and learn more about our process when we are representing car accident clients. Read more below about rear-end collisions, and schedule your consultation immediately to get started on the process of getting the compensation you deserve.
Who Is At Fault In a Rear-End Collision?
It might seem at first glance that the person who hit the car in front of them is at fault, but this is not necessarily the case. There are a lot of different things that can cause an accident, and although driver inattention is a big one, there are many other things that we will explore when determining fault for your situation.
Lead Driver At Fault
It is expected that you will not tailgate the car in front of you, so that you have ample time to come to a stop if they must hit their brakes unexpectedly, but here are some examples where the lead driver could cause a rear-end collision:
- The lead driver reverses unexpectedly
- The lead driver takes a sudden turn with no turn signals
- The lead driver does not have working brake lights
- A driver stops in the middle of the road without their hazard lights (or other lights) on
Rear Driver At Fault
It is much more common to find that the driver in the back is at fault in a rear-end accident. Some common factors for their fault are:
- Distracted driving
- Rear driver was speeding
- Rear driver had brake failure or poorly-maintained safety functions on their vehicle
Comparative Negligence In a Rear-End Collision
Determining who is at fault can be tricky in these situations, and to complicate matters, Georgia abides by Comparative Negligence Laws. These laws state that in the event of a personal injury, there is a percentage of fault applied to each involved party. This means that if the plaintiff were to be awarded $10,000 in a personal injury lawsuit, but found to have been 30% negligent, then they will ultimately receive 70% of their total award, or $7,000.
Proving Fault In a Rear-End Collision
When you are working with our team of Atlanta car accident attorneys, we will explore a variety of options to prove who was at fault in your accident. This can include things like traffic cameras, eyewitness accounts, toxicology or arrest reports, and even your and the other driver’s testimony.
If you were rear-ended, the evidence is in your favor for proving the other driver at fault. If you were the rear driver, we will need to take additional steps to prove that the lead driver was at fault by using any sort of additional reports possible.
Contact Us Today
If you have been injured in a rear-end collision, contact us immediately to begin the process of building your case for the compensation you deserve. We will explore every detail of your accident to determine the best way to go about seeking money for your claim, and will work through negotiations with the insurance company if we are able to, before moving to a full lawsuit in the Georgia courts.