According to the Insurance Information Institute (III), rear-end accidents caused 2,248 deaths and represented 6.8 percent of fatal auto accidents nationwide in 2020. If you were injured in a rear-end accident caused by someone else, you are likely entitled to compensation. You should contact an attorney as soon as possible so they can start building your case.
The personal injury lawyers at Butler Kahn are proud to provide compassionate legal representation to injury victims throughout Georgia. We are ready to evaluate and handle your case too. Contact us today for a free consultation.
Common Injuries Sustained in Rear-End Collisions
Injuries caused by rear-end accidents vary considerably depending on things like the size of the vehicles involved, their velocity, and the location of vehicle occupants. Depending on the severity of the crash, rear-end collisions can result in:
- Head and neck injuries
- Facial and dental injuries
- Traumatic brain injuries (TBIs)
- Back and shoulder injuries
- Spinal cord injuries (SCIs), including partial or total paralysis
- Seatbelt and airbag injuries
- Abdominal injuries and internal bleeding
- Arm, elbow, wrist, and hand injuries
- Dislocated, fractured, and broken bones
- Permanent scarring, disfigurement, and loss of limb
- Bruises, sprains, and strains
- Lacerations and puncture wounds
- “Road rash” and other burns
- Psychological trauma
- Wrongful death
How Do I Prove Liability in a Rear-End Accident?
To recover compensation through an auto accident lawsuit, injury victims must normally prove that the other driver caused the accident by their “negligence.” This simply refers to the idea that we all owe each other a duty to use reasonable care to avoid causing harm to others. Injuries caused by a failure to uphold this duty result in liability.
Rear-end collision cases are no different. Many people assume that the driver in the following vehicle is always at fault in the event of a rear-end collision. After all, they had the advantage of seeing everything in front of them, right?
Even so, though drivers in the rear often are responsible for rear-end collisions, they are not always. Injured parties must still prove negligence by a preponderance of the evidence. Important evidence in your auto accident lawsuit may include:
- Official police accident reports
- Photos and videos from the accident scene
- Surveillance footage of the collision
- Blood-alcohol test results
- Statements from eyewitnesses
- Reconstructions of the accident by reliable experts
- Medical treatment and billing records
That said, it is worth mentioning that in cases where a violation of a law caused the accident, parties injured as a result may face a lower evidentiary burden. This is because failure to comply with governing law is sometimes considered automatic evidence of negligence. For example, Georgia’s tailgating law provides as follows:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
If a violation of this law leads to a rear-end accident, the defendant may be on the hook. However, they do get an opportunity to rebut by showing that they had a good excuse for their violation. If they fail to do so, they may be held liable.
What Compensation Is Available for a Rear-End Accident?
If you were hurt in a rear-end accident and someone else is to blame, you could be entitled to a wide range of monetary compensation. The injury attorneys at Butler Kahn can help you seek compensation for:
- Medical expenses associated with the treatment of your injuries
- Incidental costs, such as the costs of travel to medical appointments
- Lost wages from any time you missed at work due to your injuries
- Projected losses in future earning potential if your injuries cause long-term disability
- Subjective losses, such as injury-related pain, suffering, and lowered quality of life
- Loss of a loved one if the accident was fatal, as well as funeral and burial expenses
- Property lost or damaged due to the accident
What Should I Do After a Rear-End Collision?
Depending on the severity of the collision, the aftermath of a rear-end accident can be stressful, overwhelming, and perhaps even terrifying. Try your best to remain calm and collected. This will allow you to regain some control over the situation, as well as protect yourself, your passengers, and your right to compensation. If possible, take the following steps after a rear-end collision:
- Report the accident. Police will be dispatched to the scene to assist and prepare an official accident report. This report will turn into important evidence in your case. If necessary, EMS will also be sent to the crash site to provide medical assistance.
- Gather evidence at the scene. Use your phone to collect photos and videos of your injuries, damaged vehicles, road/weather conditions, and any other evidence that may shed light on the accident. Do not forget to take a picture of any nearby surveillance equipment in case it captured the accident.
- Talk to other drivers in the crash. Be sure to collect their names, contact information, driver’s license numbers, license plate numbers, vehicle identification numbers, insurer names, and insurance policy numbers.
- Talk to witnesses. Collect their names and contact information as well.
- Always seek medical attention. In addition to treating your injuries, your medical providers will create detailed records that will later be used to evaluate your losses and calculate your compensation.
- Create a “pain journal.” Documenting your daily pain/discomfort and the physical limitations you experience in your daily life due to the crash will give your attorney ammunition when negotiating with insurers and arguing in court.
- Be cautious on social media. Do not post about your accident and injuries. At-fault parties and their insurers often mine social media for anything they can use to undermine your case.
- Be cautious with adverse parties. Watch what you say to the other driver, insurance adjusters, and other unfriendly parties. Anything you say can later be used against you. When speaking to insurers before contacting an attorney, do not admit fault, give recorded statements, provide a medical record release, or accept any settlement offers.
- Hire an attorney. This is the best way to ensure that you know your rights and options. Your attorney will make sure you are not taken advantage of by the at-fault party and their insurers.
Is There a Deadline for Filing a Rear-End Accident Lawsuit?
Yes, Georgia law gives you just two years from the date of the accident to file a lawsuit seeking compensation from the at-fault party. If you miss the deadline, your case will most likely be dismissed in court, effectively eliminating your right to seek compensation for your losses.
Complying with the two-year deadline is important even if you do not ultimately file a lawsuit, as the mere threat of a lawsuit is the main source of your bargaining power during out-of-court settlement negotiations. If you no longer wield this threat, you will be forced to accept whatever settlement offer the at-fault party or their insurer offers you within legal limits.
Contact a Roswell Rear-End Accident 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 that you need and are making a recovery. We hope the information on this page has been helpful. If you would like to talk with Butler Kahn about your situation, call us or contact us online. There is no charge to talk with us about your case.
