A rear-end collision is a violation of following too closely, which is Georgia law, which is O.C.G.A. §40-6-49 (a). The law states that a person should not follow another vehicle more closely than it is reasonable and prudent. They must be aware of the speeds of other vehicles on the road. If a person is unable to stop, then they violate the Georgia law, which states that a person needs to have a reasonable space to be able to stop.
If you or a loved one were injured in a motor vehicle crash due to a driver following too closely, seek help from a seasoned Alpharetta rear-end collision lawyer. A knowledgeable car accident attorney could investigate the cause of your crash and help you hold the negligent party accountable for their actions.
Common Elements in Rear-End Collision Cases
Common factors surrounding rear-end collisions is tailgating or following too closely. People are not paying attention or riding too close, and having little time to stop are some of the common causes of why an accident could occur.
Distracted driving is also a big factor for rear-end collisions, especially in stop-and-go traffic. People are on their cell phones. They are not paying attention and then the person ahead of them has to stop and they cannot stop.
The Role of Contributory Negligence in Rear-End Car Collisions
Contributory negligence is rare in rear-end cases in Alpharetta. For example, if a person was driving too fast and then the person in front put their car in reverse. It is just so uncommon.
Another common scenario occurs when something gets thrown into the road, and a motorist doesn’t have time to stop. For example, a piece of another vehicle, an animal, something jumps into the road could cause the driver to slam on their brakes and then the person behind them rear-ends them. Often, the insurance company will argue that the person who had to slam on their brakes to avoid the animal had no choice, or they were put into an emergency-type situation. In that case, the other person should be partially at fault.
Establishing Liability and Assigning Fault Following a Crash
To establish liability in rear-end collision cases, a skilled Alpharetta rear-end collision lawyer would review the facts of the case, including the police report. They are looking to who the police officer deemed at fault. The court takes the police officer’s opinion about liability very seriously. Often in rear-end collisions, the police officer is comfortable determining liability and finding somebody at fault.
The car behind is always faulted in rear-end collision, and many tailing accidents are caused by the trailing motorist. In most cases, the vehicle is in a forward motion and the person behind is the cause of the accident.
Let an Alpharetta Rear-End Collision Attorney Help
It is important to contact a lawyer soon after a rear-end collision rather than waiting because it is important that documents and evidence are preserved. Different things happen in those first two weeks after the accident and that a person would not make any decisions about their claim without consulting with an experienced attorney.
Call today to learn more about how an Alpharetta to rear-end collision lawyer could help your case.