Rear-end collisions are the most common type of car accident across the United States, and crashes in Stone Mountain are no exception. In fact, the Washington Post reports that there are about 1.7 million rear-end collisions in the U.S every year. Of those, roughly 1,700 will result in fatalities, and another 500,000 people will be injured. If you have been injured in a rear-end accident, you are certainly not alone—although it may feel like it. When the insurance company is trying to get you to settle, you should talk to a rear-end collision accident lawyer in Stone Mountain before you make any decisions. Having someone with experience will allow you to get a feel for what your claim is really worth.
John Foy & Associates has the type of experience you need to ensure that you are getting a fair settlement based on the unique facts of your case. If what the insurance company is offering isn’t fair, our team also has the know-how to bring your case before a judge or jury. Going through any accident is hard, but rear-end collisions are especially frustrating because you may have just been innocently sitting at a stop light when the crash occurred. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
Is fault automatic in a rear-end collision?
In the vast majority of cases, the driver who hit you from behind will be at fault for the rear-end accident. But, fault is not automatic. You still need to prove your case by presenting evidence and testimony to a judge or jury. You can do this by showing any of the following facts.
- The other driver was following too closely. One of the rules of the road is that you must follow other vehicles at a safe distance. A “safe distance” changes based on how fast you are moving and what the conditions of the road may be like. If it’s very foggy, for example, you might need more space between you and other cars around you. When a driver is too close and ends up rear-ending you, that will usually mean they are at fault for the accident.
- The driver who rear-ended you was going too fast. Speeding is very common, but it is also very dangerous. Speeding is a contributing factor in many accidents in the City of Stone Mountain. When a driver is traveling too fast to be able to stop quick enough to avoid a collision, that will usually mean they are to blame for the crash.
- The other driver wasn’t paying attention. In the age of in-car technology and smartphones, drivers who are completely focused on the road are harder to come by. When a driver is distracted and doesn’t see you stopped or slowing down in front of them, that often leads to rear-end crashes. This type of cause is especially common among teen drivers, but it can affect drivers of all ages.
You can use a variety of methods to prove these facts, including things like:
- Photos of the accident scene
- Damage on both of the vehicles
- Witness statements
- Driver testimony
- Phone and data records
- The police report
- Accident reconstruction experts
Even though fault may seem straightforward in a rear-end accident, you must still gather and present evidence. Thankfully, however, these cases are often easier to win because there was likely a reason that the other driver ran into you—and that reason is usually created by the other driver.
Are there situations where the rear driver wouldn’t be at fault?
There are some circumstances where the rear driver wouldn’t be at fault or would only be partially at fault for the accident. But, most crashes can be avoided if the rear driver is following at a safe distance and paying attention to the road. That means that although the front driver may contribute to the accident, the rear driver is usually going to take the brunt of the blame. Proving one of the below defenses is often hard to do in the local courts in Stone Mountain.
Situations where the rear driver may not be at fault or would only take partial blame for the accident include circumstances where the first driver:
- Is driving erratically or in an unsafe way
- Slams on their brakes for no reason
- Suddenly cuts in front of the second driver
- Unexpectedly reverses into the rear driver
- Merges into traffic too slow for the flow of traffic
- Has brakes or brake lights that are not working properly
Keep in mind that where the first driver does stop for a good reason, such as when a child runs out into the street, the rear driver will generally still be responsible. It’s only when the first driver stops suddenly for no apparent reason that this type of fault would arise. The second driver should always follow the first driver at a distance that allows the second driver to stop suddenly if necessary.
What are the most common injuries associated with a rear-end collision?
Because rear-end crashes are so similar, you will see some of the same injuries over and over again. These often include:
- Spinal injuries
- Head trauma
- Broken bones or rib cage
- Facial disfigurement
- Brain injuries
Every crash is different. Just because your damage isn’t one of the most common in a rear end crash doesn’t mean that it was caused by some other reason. You may be surprised which injuries are the result of a car accident, even if it is indirectly associated with the crash.
Talk to a Stone Mountain Rear End Collision Accident Lawyer
We know your case is important, and our team treats it that way. At John Foy & Associates, we work hard to keep you informed at every step of the process. We want to get the best result for you, and you can be as involved or as hands-off as you want to be during that process. Don’t wait to make the call to our team—the sooner you file your claim the better. 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.