Any car accident has the potential to cause severe injuries and expensive financial losses for those involved. If you or a loved one recently experienced a rear-end collision, it is vital to know how to prove fault for the incident and how to recover your losses. An Atlanta rear end collision lawyer can be an invaluable asset for your recovery efforts, helping you to prove fault and hold the at-fault driver appropriately accountable.
Did you know rear-end collisions are the most common type of auto accident in the United States? According to the NSC, over 2 million rear-end accidents occur each year. And while it is a common belief that the rear driver is automatically at fault for such an accident, the truth is that Georgia is what is known as a comparative negligence state.
That means you could be allocated a percentage of fault, so it is important you contact one of our rear-end accident attorneys now at 404-975-1775. The attorneys at Merritt & Merritt have more than 40 years of legal experience representing clients throughout Atlanta in all types of car accident claims, including many rear-end collision cases. While fault for such an accident may seem clear to you, the actual process of ensuring accountability is often challenging.
Rear-end wrecks occur when the driver behind you collides with your rear bumper. It is important to understand your insurance policy and how it handles rear-end wrecks. The impact of a rear-end collision often causes back, neck, and other injuries, regardless of whether the vehicle behind you was going slow.
Cell phone usage while driving has increased to almost 24% according many studies. Phone distraction is responsible for many of the rear-end accidents that occur in Georgia. Typical scenarios:
The majority of rear-end collisions and other vehicle accidents in Georgia happen because of driver negligence. Negligence is any situation in which one party fails to exercise reasonable care or if they fail to uphold a specific duty of care. For example, if the driver who hit you was looking at their phone and did not realize you were slowing down or stopping, their distracted driving would be a clear example of negligence, and they would be liable for the accident.
It’s commonly believed that the driver behind is always at fault for a rear-end collision. However, the leading driver can face shared fault under certain conditions. The most common ways for this to occur include failure to address mechanical problems with their vehicle or stopping suddenly without a good reason. For example, if a driver suddenly applies their brakes because they are frustrated about a driver behind following too close, they will share fault.
If you are unsure whether you have grounds for legal recourse after a rear-end collision, or if you know another driver is to blame for your accident but you do not know how to hold them accountable, it is crucial that you speak with an experienced Atlanta rear-end collision lawyer as quickly as possible after your accident. The right attorney can answer your most pressing legal questions and provide guidance for starting your recovery efforts.
An experienced attorney can be instrumental in gathering the evidence you may need to firmly establish fault for your accident. This evidence may include footage from traffic cameras situated near the accident site, testimony from witnesses who saw the accident happen, digital evidence like vehicle computer data and cell phone records, and even physical evidence from the scene of the crash.
Your attorney can make dealing with insurance companies much easier as you seek compensation. Almost every insurer will attempt to push back against a claim for coverage, looking for any reasons they can find to deny a claim or justify the smallest possible settlement. The team at Merritt & Merritt regularly confronts leading insurance carriers on behalf of our clients, and we know the tactics they use to try to undermine legitimate claims.
If you need to file a personal injury suit against the at-fault driver in Atlanta, you can rely on our team to guide you through the process of building your case, identifying the full range of the damages you can seek from the defendant, and preparing you for each phase of your proceedings. Ultimately, you have the greatest chance of success with all the recovery efforts you attempt if you have legal representation on your side.
A: The first thing you should do after a rear-end accident is seek medical treatment. Document all of the information from the driver’s license including the license number and get the license plate information as well. If the driver does not own the vehicle, you also need to get the owner’s contact information.
If possible, take photos of the vehicles and the accident scene. And if there are any witnesses on the scene, collect their information for future reference.
A: Always call the police regardless of the severity of the accident. You may also want to takedown the contact information of the officer, as well as the incident report number. The police report generated will be a crucial piece of evidence for your impending recovery efforts, and if you do not report an accident as required by law, you could face severe legal penalties. If you are unsure whether to report an accident, it is always advisable to err on the side of caution and report it.
A: Never provide a statement to the other person’s insurance company without an attorney present. The reason it isn’t wise to speak with the insurance company is because they will use statements you make against you when negotiating the claim in the future. If an insurer reaches out to you after your accident, politely inform them that you cannot discuss a settlement until you consult your attorney.
A: An experienced attorney is the ideal resource to turn to for help. If you’ve been in a rear-end collision, no matter which driver you were, it is critical that you know your rights. Contact The Law Office of Merritt & Merritt today to receive a free consultation. We will explain your legal rights and deal with the insurance company on your behalf to insure you get the best possible outcome.
It’s an unfortunate reality that many people are seriously hurt every day because of another motorist’s negligence, whether deliberately or unintentionally. When these violations cause another to experience significant injuries, it’s likely that the injured party will be entitled to receive compensation for damages.
A: How much compensation you can claim for a rear-end collision depends on the severity of your damages. The party responsible for causing the accident is liable for all associated economic damages, such as your vehicle repair costs, medical bills, and lost wages, if your injuries prevent you from working. You also have the right to claim pain and suffering compensation that reflects the severity of your experience.
A: No, Georgia is not a no-fault state, meaning that proving fault will be an essential first step in your recovery process. Under Georgia’s fault rule, the driver at fault for an accident absorbs liability for all resulting damages. The injured party can claim compensation from the at-fault driver through an auto insurance claim and/or personal injury suit. You must establish fault before recovering compensation.
A: If you are found partially at fault for a rear-end collision, you will lose a percentage of your final award. Under Georgia’s modified comparative fault rule, a plaintiff can claim compensation as long as they are less than 50% at fault; otherwise, they cannot claim compensation from any other liable party. Your fault percentage below 50% is deducted from the total compensation you win from the defendant.
Rear-end accidents are frequent occurrences. According to the NHTSA, more than 25% of all crashes are rear-end wrecks. Frequently, these accidents cause serious injuries, including:
After a rear-end collision, it is important to know your rights. Usually, the liability for a rear-end collision is on the driver that hit the other driver in the back; however, that is not always the case. If another driver hits you from behind, they are very likely to claim the accident was your fault or that you at least contributed to causing the accident.
Georgia law requires drivers to maintain a safe distance from other drivers in front of them. Exceptions to this law is the front driver suddenly stops without warning; or if the front driver’s brake lights do not work; or the front driver suddenly changes lanes. If any such claims are made against you, you will need an Atlanta rear-end collision lawyer to help you disprove them and show the truth of the situation.
It is important to obtain hospital and police records as well as gathering witness statements after your accident for legal evidence. However, an injured plaintiff should not attempt to reach out to witnesses and collect their statements on their own, as this would create a conflict of interest. A lawyer experienced in automobile accidents can be helpful in navigating the courts and pursuing a successful case.
Contact Merritt & Merritt Law Firm today at 404-975-1775 to discuss your accident case. The sooner you contact our accident attorneys, the sooner we can get the details of your case and begin working toward resolving your case. We will do everything we can to protect your rights and deal with the insurance adjuster on your behalf.
The Merritt & Merritt Law Firm works on a contingency fee basis. This means that you pay nothing unless we win. Once we secure compensation for you, our fee will only be a percentage of the total recovered, so there is no risk of paying more for attorneys’ fees than you win in compensation for your damages. Our focus for more than 40 years is customer satisfaction.
We accept cases in Atlanta, Decatur, Riverdale, Savannah, Statesboro, Macon, Columbus, and all of Georgia. Our Atlanta accident attorneys will walk you step-by-step through what to expect. If you can’t come to us, we can come to you. Call us today at 404-975-1775.