If you have suffered any kind of injury in a rear-end collision in Kennesaw, you need to know your rights. The laws about fault in Georgia generally favor the driver in the front vehicle, but there are numerous exceptions.
And no matter which car you were in, insurance companies may try to shift the fault and even blame you for an accident you didn’t cause. Don’t let a bad call from an adjuster deprive you of your right to recover money. You need to talk to a Kennesaw rear-end collision accident lawyer.
John Foy & Associates is here for you. Our legal team has spent more than 20 years working with one goal in mind: to help victims. We understand the nuanced rules of fault in rear-end cases and we know the tactics insurers use—and how to fight them.
Let us give you a free consultation to get you started. Call us at 404-400-4000 and get your free consultation today.
Is the Driver in Back Always the One at Fault?
No, although that’s true in many cases.
The reason the rear driver is often blamed is simple: in normal circumstances, they are the ones who control how much space there is between cars. If the rear driver left adequate space, then in theory, the accident wouldn’t have happened. They were following too closely.
But that’s not always the way it works. Here are some reasons the driver in back may not have been at fault:
- The front driver cut suddenly in front of them
- The front driver swerved from another lane without signaling
- The front driver drove in a reckless or illegal way, and that’s what caused the accident
- The driver in back could not stop because of slipper road conditions or another factor
- In accidents involving three or more cars, a driver in the middle or the back could be the one at fault
In other words, fault depends on what specifically happened and who was being safe or unsafe. Never assume you are at fault just because you were in back—or that you’re in the clear just because you were in front. Your best option is to get a professional opinion from a lawyer.
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I Think I Have Whiplash. Is That a Valid Injury?
Yes. Whiplash is recognized as a valid (and very painful) condition both by the medical community and by the local courts. It should not be taken lightly, and it IS covered by your rear-end accident claim. In fact, it may be the single most common injury in rear-end cases.
The symptoms of whiplash are pain or soreness in the neck, possibly accompanied by stiffness or difficulty turning or tilting the head. It can also lead to headaches, difficulty sleeping, and other side-effects. Many people don’t think they have whiplash at first, because the pain may not set in immediately after the accident. Often it’s only the next day, or several days later, that the injured area starts to swell and stiffen and you feel the effects.
If you suspect you have whiplash, there are three things you should do:
- See a doctor right away. Whiplash tends to get more severe if it’s left untreated.
- Don’t tell the insurer you’re “fine,” or try to minimize your injury. If there is pain after the accident you likely do have some kind of injury.
- Talk to a lawyer about your accident. Insurers will often try to avoid paying whiplash claims or they’ll offer far less than what you need. You may need ongoing treatment for months or longer to resolve your pain. A lawyer can help you make the strongest claim possible and get the full amount the law allows.
How Much Can I Win?
It depends on how severe your injuries are, and how long you will need treatment. At a minimum, you can get back all of the costs related to your accident—including all of your medical bills and car repairs.
It also depends on what other costs or losses you suffered. For example, if you missed a week of work, you can get money to cover that lost income. Or if you’re in a situation where you cannot go back to work at all, you can get a substantial cash award to help offset that economic loss.
The difficult thing with accident claims is that they pay out in money, but money often can’t replace the losses you suffered. No amount of money can make up for losing a limb, for example, or suffering a brain injury with permanent effects.
But the law does understand that you deserve some form of compensation to reduce the impact of these tragedies on your life. That’s why you are allowed to make a claim for pain and suffering, mental anguish, loss of quality of life, and other major losses.
Often, this money is the largest part of your accident claim. In many cases it means that a claim will pay out $100,000 or more.
What If the Other Driver Isn’t Insured?
It means they’re breaking the law. But it doesn’t mean you can’t recover money.
The law is clear: the at-fault driver is liable for all of the costs of the accident. Insurance just makes that liability easier to handle, paying out the money owed right away. But the liability doesn’t change just because there’s no insurance. The other driver does not get off the hook, and you do not have to be left with the bill.
Here’s how we approach uninsured rear accident claims:
- First we look at other policies that could pay for your injuries. Does your own insurance provide coverage? Was the other driver the owner of the car he drove, and if not, does the owner have insurance?
- Then we look at the uninsured driver’s ability to pay you directly. Can they start making monthly payments?
- Last, we look at how to guarantee payment. In the City of Kennesaw, you have the right to put a lien on the driver’s property to ensure payment.
These are steps that are hard to navigate on your own. And dealing directly with an uninsured driver is stressful. If the other driver had no insurance, it’s extremely important to have a lawyer help you.
Talk to a Kennesaw Rear End Collision Accident Lawyer for Free
Getting legal help doesn’t have to cost you anything. At John Foy & Associates, we offer a FREE consultation to every accident victim so you know whether you have a case. And if you hire us, you pay us nothing unless we win you money. Let our lawyers put two decades of experience to work for you.
Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.