Did you suffer preventable injuries in a rear-end crash that someone else caused? If so, you deserve fair financial recovery for your losses. Get the legal help you need to demand monetary compensation and accountability from the at-fault party. Turn to an Atlanta rear-end collision lawyer from Butler Kahn for help.
Your health and recovery should be your top priority after an accident. Let us handle the rest. We purposely limit the number of cases we take on to ensure we can give you and your case the attention you deserve. Contact our firm for a free initial case review to talk to an Atlanta rear-end collision lawyer about your legal options.
What Are the Main Causes of Rear-End Accidents?
Some of the most frequent causes of rear-end collisions in Atlanta include:
- Tailgating – If drivers follow too closely behind the vehicles in front of them, they sometimes don’t leave enough room to slow down or stop when the cars ahead of them brake.
- Distracted driving – Motorists distracted by their cell phones, food, or personal grooming often fail to notice when the vehicles ahead of them have slowed down or stopped.
- Drunk driving – Intoxicated drivers have altered perception and impaired reaction times. This can prevent them from hitting the brakes in time when road users in front of them slow down or stop.
- Drowsy driving – Fatigue can also reduce a driver’s reaction time, increasing the risk of rear-end collisions when vehicles ahead of them brake or the driver falls asleep at the wheel.
- Speeding – Speeding increases a vehicle’s stopping distance, giving drivers less room for error when it comes to slowing down or stopping in time to avoid rear-end collisions.
What Are the Most Common Injuries from a Rear-End Collision?
Examples of injuries that rear-end accident victims often suffer include:
- Whiplash
- Broken bones
- Concussions and other brain injuries
- Neck and back injuries
- Spinal cord injuries
- Dislocated joints
- Soft tissue injuries
- Facial injuries
- Lacerations, abrasions, and bruising
- Emotional injuries
- Post-traumatic stress disorder (PTSD)
- Wrongful death
In severe rear-end collisions, victims can also suffer serious, life-threatening injuries such as internal organ damage, internal bleeding, traumatic amputations, and paralysis.
How Do I Prove Fault in a Rear-End Accident?
Although the driver in the rear usually bears the blame for a rear-end accident, other parties could be at fault in certain circumstances. For instance, a leading driver could be to blame if they cut too closely in front of another vehicle or intentionally “brake check” the driver behind them.
Depending on the circumstances, the following evidence might help you prove your claim:
- Police accident reports and traffic citation or arrest records
- Accident scene photos showing details such as skid marks and traffic signals at the scene
- Video footage from surveillance, traffic, or dashboard cameras
- Eyewitness statements
- Driver alcohol or drug test results
- Driver cell phone records
- Vehicle event data recorder (black box) logs
- Post-accident vehicle inspection reports
- Accident reconstruction expert reports
An Atlanta rear-end accident lawyer can help you prepare a strong injury claim by thoroughly investigating the accident and identifying useful evidence that supports your case.
What If I Am Partly to Blame for the Accident?
Even if the other driver accuses you of contributing to the rear-end accident, you could still have the right to recover compensation from them and other at-fault parties.
Georgia courts follow a modified comparative negligence rule in cases involving shared fault. This rule states that you can file a compensation claim against another at-fault party as long as the other party’s share of fault is more than yours. However, Georgia’s modified comparative negligence rule also states that your financial recovery could be reduced in proportion to your responsibility for causing the accident if you are partially to blame.
For example, let’s say you sustained $100,000 in losses due to a rear-end collision for which you bear 25 percent of the fault. In that case, the total amount you could recover would be reduced by $25,000 to reflect your share of responsibility for the crash. In other words, you would then receive $75,000 in compensation.
The modified comparative negligence rule applies to court decisions. However, it also affects insurance claims, as adjusters make their settlement offers based on what they assume would happen at trial.
What Damages Can I Recover from a Rear-End Accident Claim?
In a rear-end accident claim, you could have the right to recover compensation for the following:
- Medical and rehabilitation expenses, including the costs of hospitalizations, surgeries, doctor’s appointments, prescription medications, and physical or occupational therapy
- Costs of long-term care you need for permanent disabilities that result from your crash injuries
- Past, ongoing, and future losses of income and employment benefits if you become temporarily or permanently unable to work
- Intangible losses like pain, suffering, and reduced enjoyment or quality of life
- Vehicle repair or replacement costs and incidental expenses, such as car rental fees
Is There a Time Limit for Filing a Car Accident Lawsuit in Georgia?
Under Georgia law, you have two years to file a lawsuit seeking compensation for injuries. Filing a lawsuit after this time limit expires means risking the loss of your right to pursue financial recovery from liable parties. This is why it’s so important to speak with a lawyer as soon as possible after a crash to ensure you have plenty of time to pursue your claim.
Contact an Atlanta Rear-End Collision Lawyer
If you are reading this page because you or a loved one has been hurt in a rear-end accident, we hope you are receiving the medical care you need and are recovering. We hope the information on this page has been helpful. If you’d like to talk with us about your situation, call us or contact us online. There is no charge to speak with us about your case. Contact Butler Kahn when you’re ready for a free, no-obligation consultation with an Atlanta rear-end collision lawyer.
