Rear-end accidents are one of the most common types of accident that occurs on the road across the United States, including those in Calhoun, GA. Although many rear-end crashes are minor, some can be very serious and cause long-term injuries and severe damage. In fact, even some seemingly minor accidents can lead to problems like chronic back and neck pain that will affect you for the rest of your life. Regardless of how severe you think your rear-end crash was, getting an opinion from an experienced Calhoun rear-end collision accident lawyer is a good idea.
Our team of experienced attorneys has been helping rear-end crash victims for over 20 years. John Foy & Associates offers exceptional service to our clients. When you work with us, you not only have an attorney–you have a team member that will help you work through this difficult time in your life. We never represent insurance companies because we want to help victims address losses and damages after a crash. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
Why Do Rear-End Accidents Happen?
A rear-end crash occurs when one vehicle hits the back of another. In most circumstances, it’s pretty obvious that a car is in front of you, so why are these accidents so common? Below are just a few reasons.
Driving too fast for the conditions is one of the most common reasons that rear-end accidents happen. A driver is only supposed to drive as quickly as the circumstances will allow. That way they can avoid hitting the vehicle in front of them if they brake suddenly. When a driver is going too fast, they cannot react in time to prevent a crash in many situations. When it is foggy, raining, or there is construction, drivers should slow down to be sure that they can control their vehicle under the conditions. Weather often plays a significant role in rear-end collisions.
Distraction is a serious problem for drivers of all ages, but it seems to plague younger drivers more today than ever before. Smartphones and other gadgets play a big role in the problem. Looking down for just a few moments can cause drivers to miss a vehicle braking, or they may not even see a completely stopped car.
Following Too Close
Drivers should also only follow a vehicle with enough distance to stop safely. That means that as speeds increase, the gap between cars should also increase. But, that doesn’t always happen. Tailgating, whether it is out of habit or road rage, can lead to severe accidents, especially at high speeds.
Driving While Tired or Impaired Driving
Driving fatigued, drunk, or otherwise impaired affects your ability to focus and react quickly to emergency situations. That sometimes means stopping suddenly to avoid an accident simply may not be an option. Of course, if a driver falls asleep, they will not be able to spot a vehicle stopped in front of them and will cause a crash.
Is the Other Driver Automatically at Fault in a Rear-End Crash?
Fault is determined by considering why the accident happened and how it could have been avoided. In most situations, there is a clear reason that the accident occurred, whether it is because of distracted driving, speeding, or some other careless errors. Regardless of the reason, the other driver must be at least partially at fault if you want to recover money damages for your losses and injuries.
As a car accident victim in Calhoun, you have to prove what the driver did (or didn’t do) to show that they were at fault. Often, that involves pointing to something specific and being able to say that if the driver hadn’t done whatever the action was, the crash wouldn’t have occurred. This concept is often referred to as “but for” causation.
In rear-end crashes, the other driver that hits you is almost always at fault for the crash. The reasons vary, but you can often point to one or two things that caused the accident–from looking away from the road to following too closely. Although fault isn’t automatically assessed to the other driver, the legal standard is often easy to meet. You still have to prove that something specific occurred to cause a crash, and it wasn’t your fault alone. It’s okay that it was partially your fault in most circumstances, but you shouldn’t be entirely to blame.
How Long Do I Have to Start a Rear-End Collision Case?
In Georgia, you have two years from the date of the crash to start a lawsuit. Although two years may seem like a long time, you have to do two important things before you can file your suit.
1. Work on getting the treatment you need to get back on your feet.
It can take a considerable amount of time to go through treatment after an accident. But, getting medical care is not only important for your health, but it’s also vital for your rear-end crash case. Getting treatment now will help you determine what kind of medical care you will need in the future. That, in turn, enables you to understand the amount of actual losses that you will experience in the future that is due to the crash. You can certainly start your lawsuit before knowing all of these damages, but it will be very helpful to continue care as much as you can as well.
2. Speak with an experienced rear-end collision attorney.
Some people make the mistake of trying to contact a lawyer about their case just days before the deadline to file their lawsuit in court. This is a serious error for a couple of reasons. First, you may feel rushed to find a lawyer and might not choose the best one to fit your needs. You also don’t give the lawyer a chance to settle the case with an insurance company before filing the claim. Sometimes negotiations can be even more effective than jumping into litigation. You may end up wasting time and money because of it. It’s better to involve an attorney sooner than later.
Talk to a Calhoun Rear-End Collision Accident Lawyer
A rear-end crash may seem minor, but it can haunt you for the rest of your life. Don’t assume that just because your accident did little damage to your car means that you shouldn’t at least investigate the possibility of having a legal claim. Our team can help with that process with absolutely no risk to you. Let us give you a FREE consultation. Call us at 404-400-4000, or fill out the form to your right and get your FREE consultation today.