Calvin Smith Law - The Injury Lawyers

Is the Rear Driver Always at Fault in Atlanta?

Rear-End Car Accident

Nothing is more frustrating than when you’re waiting at a red light and someone hits you from behind. It’s not as if you did anything wrong. Now, not only do you have to worry about fixing your car, but you have to spend the afternoon waiting for the police t come to the scene. Most of the time, a rear-end car accident will be minor. If you’re stopped in traffic or a stop sign, chances are you won’t get seriously hurt. However, there are times when these accidents happen when you’re driving on the highway.

So many people drive while distracted these days, they have no concern for other people. Sure, there are times when it’s an innocent mistake. Their brakes fail or they just can’t stop in time. But even when it is an innocent mistake, it doesn’t change what happened.

Some people think that, because the accident was minor, they don’t need to go to the hospital. They may even think it’s okay to agree to not call the cops. This isn’t the case. You need to do these things no matter what. Your Atlanta car accident lawyer is going to need proof that you were hurt. They are also going to need the police report to prove your case. If you don’t do these two things, there’s not much your attorney can do. Once you deal with these two things, you also need to call and talk to an experienced car accident lawyer in Atlanta, Georgia.

Who is at Fault in a Rear-End Car Accident in Georgia?

Generally speaking, if someone hits you from behind, they will be deemed at fault. This is because they typically have the last opportunity to prevent the accident. If they slowed down sooner, they wouldn’t have hit your car. Or, if they weren’t texting and driving, they would have seen your car in front of them.

The courts agree with this assessment. In most cases, the rear driver is going to be found to be at fault. There are even times when this doesn’t seem fair. Maybe you slammed on your brakes and they couldn’t have stopped in time. Or perhaps your brake lights weren’t working and they have no way of knowing you were stopping. If this is the case, you may be found partially at fault. If this happens, there’s a good chance your damages will be reduced by your percentage of fault.

How Does Comparative Negligence Work in Georgia?

As mentioned above, if you are found to be partially at fault, your case may be reduced. In Georgia, there is something called comparative negligence. This rule states that your damages will be reduced by your percentage of fault. So, if you’re found to be 30% at fault, your case will be reduced by that percentage. Your attorney in Atlanta understands this rule. If they think there’s a good chance of your case being reduced, they’ll work hard to settle with the insurance company.

It may seem strange that you would be found partially at fault in a rear-end car accident. But there are a few situations in which this may be the case. These include:

  • Your brake lights weren’t working
  • You were driving in reverse at the time of the crash
  • You slammed on your brakes for no reason

Contact a Car Accident Lawyer for Help With Your Rear-End Car Accident

If you or your loved one are hurt in a rear-end car accident, you’re going to need help. Although the rear driver is often found to be at fault, that isn’t a guarantee. And, just because they may be found liable, that doesn’t mean your case will be resolved easily. You’re still going to need an experienced car accident lawyer to work hard to settle your case. They’ll negotiate with the defendant’s insurance company to come to terms. They’ll also file a lawsuit on your behalf if need be.

Call today and set up your free initial consultation. If you can’t make it into the office, we can do the consultation over the phone. Or, if you’re seriously injured, we can even come to you. The consultation is free and it gives you a chance to talk to someone who’s handled cases like yours before. They’ll answer any questions you may have and they will let you know what your case may be worth. The defendant will have lawyers working for them and you should too. The consultation won’t cost you a thing and you don’t pay your lawyer until you settle your case.

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Calvin Smith Law - The Injury Lawyers

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