Atlanta Rear-End Accidents

Picture this: you’re commuting home on The Perimeter when BOOM – another car rams into the back of yours. Atlanta, GA rear-end accidents are often serious, and victims in the leading car may suffer severe neck injuries like whiplash, as well as internal injuries or broken bones. Even a rear-end accident when both cars are traveling at slow speeds – a fender-bender – can cause neck, spine, and back injury.

If you have been rear-ended, you have the right to seek compensation from the driver who hit you. However, not all rear-end accidents are caused by the trailing driver. If you were in a wreck because the driver in front of you stopped without warning, you may not be at fault and, therefore, eligible for compensation.

Fault in a rear-end collision can get complicated, and determining who is owed is hotly contested. Let the skilled legal team at Council & Associates, LLC sift through the evidence and build a strong case on your behalf. You can learn more in a free consultation with our Atlanta, GA car accident lawyer, call us today!

Determining Fault In Atlanta Rear-End Accidents

The default liability in a rear-end car accident usually lies with the trailing driver. Safe driving practices and Georgia law both recommend keeping plenty of distance between you and the car in front of you, just in case it stops suddenly. Following too closely is the primary cause of a rear-end collision.

Drivers who anticipate a light turning green can also cause a rear-end crash if they start moving before the driver in front of them goes. Or, a driver trying to “beat” a yellow light may run into a driver who stops for it (as you should!).

The Leading Driver Can Be Liable For A Rear-End Accident

However, there are circumstances in which the leading driver is the one who carries the bulk of the blame for Atlanta rear end accidents. If they abruptly stop, especially at high speeds, the trailing driver may not have enough time or room to stop, even if they’d left an adequate distance between the two cars. Changing lanes without signaling or making a turn without signaling can contribute to a rear-end crash, and it’s the leading driver who fails to follow traffic safety rules which could be liable for the wreck.

Finally, a driver whose brake lights or turn signals don’t work could be to blame for a rear-end crash. It’s every driver’s responsibility to keep their vehicle in good, safe, and working order; broken brake lights cannot signal to a driver behind you that you’re stopping or slowing.

It’s our job as your car accident attorney to build a case of negligence against the driver who caused the wreck, whether they were in the front or back. We’ll take care of the legal legwork so you can rest, heal, and move forward with your life.

Georgia state law presumes the rear driver is at fault when a rear end accident occurs, because they should have left enough space between them and the car in front so that they could stop in time, but failed to do so. In Georgia, drivers are obligated to leave a safe distance between themselves and the car in front of them so that if any driver is required to stop suddenly, the rear driver will, in theory, have plenty of time to stop without hitting the driver in front.

Legally, the rear driver has the option of arguing that they were not at fault for the rear end accident. The rear driver may choose to argue against the presumption of liability, and their case may or may not be proven (i.e., the rear driver may be found not at fault due to some extenuating circumstances). Evidence may suggest that the lead driver is at fault for the accident, that the accident could not have been avoided by one or both parties, that neither parties were exhibiting any negligence, or that both drivers were at fault to some extent.

The Negligent Driver

Although they may be entirely responsible for the accident, nobody wants to be blamed and held liable for an accident and all of the damage caused because of it, so the rear driver will usually try to argue that the driver in front was at least partially at fault for the accident, that they hold some responsibility and liability for the accident. The driver in front can be held responsible for an accident if they were driving negligently. Some examples of this type of driving that would make a lead driver deemed negligent or liable include:

As long as the rear driver is able to successfully prove that they weren’t solely responsible for the accident, a judge or jury will find both parties partially to blame for their negligent actions that caused the accident.

Modified Comparative Fault Theory

The courts may decide that while both drivers exhibited negligence, the rear driver was 75 percent at fault, while the forward driver was 25 percent at fault. This is called “modified comparative fault theory,” and it comes with a 50 percent rule, which means that if a driver is found more than 50 percent at fault, they cannot recover damages. Drivers found 50 percent or less at fault may recover damages, although they may not be awarded any. If, however, both parties are found 50 percent at fault, neither driver can recover damages, because they’re equally to blame (i.e., their negligence equally contributed to the accident).
But does one or both of the parties always have to be found liable? Is there always an element of negligence in a car accident? Usually, there is, but sometimes, there are pieces of the puzzle, extenuating circumstances – hazards, weather, and natural disasters, for example – that play a part or are the whole reason for the accident. In cases such as this, it is incumbent upon the rear driver (and their attorney) to prove that weather (for example) caused black ice to form on the road, which made the accident unavoidable. In that example, no one may be found at fault – accidents sometimes happen that have nothing to do with either driver’s negligence. In short, the law does make allowances for extenuating circumstances.

What To Do if You Had a Rear End Accident

If you have been involved in an accident where you rear ended or were rear ended by someone (i.e., if you were hit or hit someone from behind), you need to think about hiring an attorney to fight for what you’re due, so that you get the compensation you deserve. You need an experienced attorney by your side in court or in negotiations fighting for your rights. Call (404) 526-8857 to speak with the attorneys at Council & Associates, LLC who care about working hard for you and what you deserve. When you call, the attorney will listen to your story, then tell you about your rights and options; together, you can discuss your preferences and needs and come to an agreement on the next steps you’d like to take. They will work on contingency, too, which means that they don’t get paid unless and until you do, so you have nothing to lose and everything to gain. Why not call today?

Experienced Atlanta Car Accident Attorneys Fighting For You

Have you been rear-ended by a distracted driver? We can help you. Did you run into another driver who stopped without warning? You may not be at fault for the crash – and our attorneys can help you, as well.

The legal team at Council & Associates, LLC, represents victims of car crashes, helping them get the compensation they deserve to pay for their medical care and alleviate the financial burdens on their families if their injuries prevent them from working. We offer a free initial case review with a skilled Atlanta car accident lawyer – call us today to book yours!