Any car accident is potentially serious, but a rear-ending can catch a driver completely by surprise. These types of motor vehicle collisions can cause significant property damage and bodily harm, and the costs associated with them can add up quickly. However, if another driver hit you from behind, you may be entitled to compensation.
If you were injured in a rear-end car accident in Marietta, discuss a potential claim for damages with legal counsel. An experienced attorney could review your case and help pursue the compensation you deserve.
State law requires that drivers travel at an appropriate distance and speed to make stops without hitting the vehicle in front of them. O.C.G.A. 40-6-49 makes it a traffic violation to travel at a distance and speed in which a driver cannot stop in time to avoid a collision.
If a person is following too closely and causes a rear-end accident, they may be legally responsible for the collision. They may even be considered negligence per se, meaning as a result of the violation of the law. In most cases, the driver who strikes another vehicle from behind will be considered at fault for the accident. A skilled attorney at our Marietta office could help collect evidence of a driver’s negligence in causing a rear-end crash.
There are exceptions to this general rule that the trailing driver is always at fault. These may include:
If multiple parties may be at fault for the accident, it is important to determine the level of blame each party shares. This will affect the amount of compensation each may collect or owe. The state follows a modified comparative fault legal doctrine, meaning that a person found fifty percent at fault or more is not permitted to collect damages.
Any plaintiff who is determined to be less than fifty percent at fault for the rear-ending is permitted to seek money damages. However, their ultimate damage award will be decreased according to their percentage of their fault. For instance, plaintiff who was twenty-five percent at fault would have their damage award reduced by twenty-five percent. As such, it is crucial for rear-ending victims to work with experienced legal counsel who could contest any allegations of partial blame.
Most rear-endings are caused by driver negligence, such as the trailing motorist following too closely, speeding, or failing to pay attention. However, there are other potential contributing factors, such as:
A dedicated local attorney could investigate the circumstances of a rear-end collision to determine all potentially liable parties, whether it be a negligent driver, vehicle manufacturer, or government entity responsible for road upkeep.
Rear-end accidents in Marietta can lead to major injuries. Whiplash, broken bones, nerve damage, and other serious conditions can occur from a rear-endings, making it important for victims or their families to seek legal help. Money damages could help with the recovery process after a devastating accident.
An experienced lawyer could help you determine the cause of the accident and hold the responsible parties accountable for their actions. Contact us today for a consultation about your case.