If you were injured or lost a loved one in a rear-end collision, you may be entitled to compensation. To learn about your options, consider speaking to a rear-end collision lawyer from John Foy and Associates today.
Who Is Responsible for a Rear-end Collision?
In the United States, 1.7 million rear-end collisions occur every year. While many happen at low speeds, about 500,000 result in injuries.
The fault in a rear-end collision is usually straightforward. The person behind the wheel of the rear car is responsible. However, in some cases, the lead driver may be at fault as well.
- The driver reverses and crashes into the vehicle behind it.
- The driver is under the influence.
- The driver is intentionally trying to provoke an accident.
- The brake lights are broken.
If you were hurt in a rear-end collision, you can recover compensation if you can prove the other party’s negligence. If you are partially responsible for the accident, you may not recover all the damages.
Comparative Negligence in Georgia
Georgia is a modified comparative negligence state. It means that you can recover damages according to the percentage of your fault in an accident. However, if your fault exceeds the fault of other parties, you can’t get compensation.
For example, driver A runs a stop sign and hits driver B whose brake light is broken. Both drivers sustain injuries and both sue each other for $100,000.
The judge decides that driver A is 80% responsible while driver B’s fault is 20%. Driver B recovers $80,000 ($100,000 minus 20%). Meanwhile, driver A doesn’t receive anything because their fault exceeds 50%.
Even if your case seems straightforward, consider hiring a rear-end collision lawyer. The other party’s legal team will do everything possible to maximize your fault in the accident in order to reduce the payout. Without an experienced attorney in your corner, you could lose money.
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How Can I Prove Negligence in a Rear-end Collision in Morrow?
It’s important to understand that the rear driver’s fault in a rear-end collision isn’t automatic. You still have to prove negligence to recover damages. This involves:
- Legal duty of care – the defendant should have a legal duty of care to the plaintiff. On the road, drivers have a legal duty of care to other drivers, pedestrians, and passengers.
- Breach of the legal duty of care – to be found negligent, the defendant should breach the legal duty of care. For example, the driver was distracted by a phone call, missed a stop sign, and rear-ended another vehicle.
- Causation – to recover damages, you need to show that when the defendant breached their duty of care, they caused your injuries. For example, when the driver rear-ended your car, you hit your head and sustained a brain injury.
- Damages – finally, you have to prove that your injuries led to damages. For example, you had to get medical treatment and therapy for your brain injury. This resulted in expenses.
Proving negligence isn’t easy since it requires collecting evidence, speaking to witnesses, investigating, and much more. When you are trying to recover from injuries, all these steps can be taxing. By hiring a rear-end collision attorney in Morrow, you can delegate this work to a professional and gain time for recovery.
What If the At-Fault Driver doesn’t Have Auto Insurance?
When it comes to rear-end collisions, the majority of payouts come from the at-fault driver’s insurance. In Georgia, over 12% of drivers don’t have insurance. If this happens, you can obtain compensation by:
- Suing the driver directly.
- Turning to your own insurance (uninsured motorist coverage or Personal Injury Protection).
To sue the driver, you would need to prepare and present your case to the judge. To do that properly, you may need to hire a rear-end collision attorney.
Another reason why you may need to sue the at-fault driver directly is of their insurance coverage is too low to cover your damages. For example, mandatory auto insurance in Georgia only covers $25,000 per person and $50,000 per accident for bodily injuries. If your claim is for $100,000, you can sue the driver for the rest of the money.
How Long do I Have to File a Rear-End Collision Claim in Morrow?
In Georgia, the statute of limitations for filing a personal injury claim is two years from the date of the accident. If your loved one dies after a rear-end collision, the clock starts running when the death occurs.
If two years are up, don’t give up on your claim. The statute of limitations has several exceptions. Speak to a rear-end collision lawyer in Morrow to learn whether one of them applies to your case.
How Much Money Can I Recover After a Rear-end Collision in Morrow?
The size of your settlement or payout depends on many factors, including:
- The extent of your damages (current and future)
- Your partial responsibility for the accident
- Your ability to gather sufficient evidence
- The persuasiveness of expert witnesses
- The expertise of your rear-end collision attorney
Before taking on your case, a Morrow rear-end collision lawyer will evaluate it to determine what your chances are. They can also give you an approximate figure.
Speak to a Morrow Rear-End Collision Attorney Today
If you were injured or lost a loved one in a rear-end collision, you can seek compensation. At John Foy and Associates, we care for our clients and help them get the money they deserve.
You don’t have to deal with your personal injury case alone. Speak to our legal team to learn about your options today.