Who is At Fault in a Rear-End Accident?

In a rear-end accident in Georgia, there is usually a presumption that the driver behind is at fault for the accident. However, there are certain times when the driver who is blamed for the accident is the one who gets rear-ended.

If you were involved in a rear-end accident and would like to know more about your rights, read on for more information and then reach out to the Butler Law Firm for assistance. We only take on cases that we believe in and that will provide our clients with the financial recovery they need. We prepare all cases as though they are going to trial to maximize our clients’ recovery.

Common Causes of Rear-End Accidents

Rear-end accidents usually occur when the vehicle in front stops and the driver from behind hits the vehicle. To receive compensation for any injuries stemming from the car accident, you must be able to show the other driver violated the rules of the road or acted in a careless manner. Some negligent behaviors that can result in a rear-end accident in Atlanta include:

  • Tailgating
    • Not paying attention to the road
    • Driving too fast when there is a lot of traffic
    • Not adjusting speed in poor weather
    • Speeding
    • Not looking out for potential hazards
    • Driving a vehicle with equipment problems
    • Driving while distracted, impaired or fatigued
    • Making sudden lane changes
    • Not yielding the right-of-way of other vehicles

    General Rule

    According to Georgia’s Drivers Manual, “a rear-end crash is caused by following another vehicle too closely.” The manual states there must be enough distance for you to safely stop if the driver in front of you suddenly brakes or stops. It recommends leaving at least two seconds of travel distance between you and the other vehicle. You should leave even more space if there is heavy traffic, inclement weather, construction activity or you are driving at night or near a motorcyclist.

    Because you are supposed to leave enough time to stop safely in case the person in front of you suddenly stops, you will likely be found at fault if you rear-end someone else.

    Exceptions to the Rule

    There are a few situations in which the driver in front may be found partially or completely at fault for a rear-end accident, such as when he or she:

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