Some people consider rear-end accidents to be a mild, relatively harmless type of car crash. We know that’s often not the case. Car repairs, missed work, and injuries like whiplash can be more serious than they initially appear – and more expensive than one might expect.
When your damages happened because of some other negligent driver’s actions, the Lithonia car accident lawyers at John Foy & Associates may be able to get you compensation. Your medical bills, repairs, and other expenses shouldn’t be your responsibility if your accident was someone else’s fault.
Who Is at Fault in a Rear-End Accident?
Because of the nature of most rear-end accidents, the driver who collided with the back end of the other car is usually assumed to be at fault. Drivers have an obligation to pay attention to the road and leave enough distance behind the car in front of them to stop quickly.
In any car accident case, drivers owe other drivers a duty of care, which is the responsibility to treat others as well as anyone can be reasonably expected to. When on the road, the duty of care includes driving at a safe speed, having your eyes on the road, and not acting recklessly or erratically.
The driver in the rear is not always at fault, however. In some cases, the driver who was rear-ended may actually be the negligent party if they applied their brakes too fast or failed to indicate that they were stopping. If there was a chain-reaction accident, someone else (or multiple people) could be at fault.
There are also possible third-party claims that could be filed if there is a pileup or another driver that causes the car in front to stop suddenly. A personal injury lawyer will be able to find whatever party caused your accident and make sure they’re held accountable for their negligence.
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How a Lawyer Proves Fault in a Rear-End Collision
To show that the other driver involved in your accident is at fault, your Lithonia rear-end collision attorney will have to gather evidence and convince the insurance company or the court that they breached their duty of care. You can help your lawyer by gathering your own evidence at the scene of the crash like photos or videos of the damage done.
Part of the duty of care is following all of Georgia’s traffic laws. For example, the Official Code of Georgia Annotated (OCGA) § 40-6-49 bans following another vehicle “more closely than is reasonable and prudent.” If an accident happens because one driver is following another too closely, they could be found negligent and be liable for paying the other driver’s damages.
To that end, your lawyer will look for anything that proved the other driver was acting negligently. Evidence in your rear-end collision case could include:
- Official accident reports made by the police
- Photos or videos of the accident
- Witness statements
- Testimony from experts like accident reconstructionists
- Driving records
- Medical records
Our attorneys have years of experience with car accident cases, and they know exactly where to look and who to talk to to get all the information they need.
Compensation for a Rear-End Collision
In any accident case, the compensation that victims receive is based on specific damages that they suffered during and after their crash. Because someone else caused your damages, they and their insurance company are liable to pay, not you.
In a rear-end collision case, you can recover compensation for damages, such as:
- Medical bills
- Repair expenses
- Ongoing payment for physical therapy and other rehabilitation
- Pain and suffering
- Tolls on your mental health
- Loss of consortium and other damages associated with a wrongful death
Your attorney will have to use your bills, receipts, and other documents to calculate your damages. They’ll take into account damages you’ve already had to pay for, as well as those that you’ll have in the future.
How Much Is a Rear-End Collision Claim Worth?
The amount that rear-end collision victims get in their claim can vary widely. Depending on the scope of your damages, you could be looking at $1,000, $10,000, or even $1,000,000. That’s because compensation is based on the expenses that you have had to deal with because of the other party’s negligence.
It’s impossible to say exactly how much your rear-end collision is worth until you settle your claim. That being said, an experienced rear-end collision lawyer in Lithonia can look at your case and estimate what you should expect from a rear-end accident settlement.
Luckily, we give free initial consultations to car accident victims in Georgia. At your first meeting with an attorney, they will assess your damages and tell you how much you may be able to collect.
Talk to a Rear-End Collision Attorney in Lithonia Today
After your rear-ender, there may be people like insurance adjusters or predatory attorneys looking to take advantage of you. To make sure you get the best deal possible, you should have a skilled lawyer on your side.
The Lithonia rear-end collision lawyers at John Foy & Associates want to help you get a fair settlement. Talking to a lawyer could be the first step towards getting the compensation you deserve. There is a deadline to file, so don’t wait too long to get help.
Call us or contact us online today for a FREE consultation with a car accident attorney. Our team is on call to talk to you 24/7.