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Rear-End Collisions: Can You Sue For Them?

rear-end collision

Some of the most common types of motor vehicle accidents are rear- end collisions. Whether you’re in bumper-to-bumper traffic or in a busy parking lot, there’s always a chance that someone could smash into the back of your car. Even if the other driver’s only going 20 miles an hour, it can still cause significant damage to your vehicle. It can also cause serious injuries. A lot of people think that these accidents are so minor that nobody ever gets hurt. However, our car wreck lawyers in Albany know the truth. We’ve represented rear- end accident victims for years. Many of them suffer very serious injuries.

If you or your loved one have been hurt in a rear-end collision, then it’s a good idea to contact one of our Albany injury attorneys right away. You can sit down with someone who’s handled dozens of cases like yours before. One of our associates will review your case and let you know if it has merit. If you choose to pursue the matter, you can retain one of our car wreck lawyers in Albany. We don’t charge anything upfront, and you don’t pay us until we settle your case.

How Are Rear-End Car Accident Different from Other Motor Vehicle Accidents?

Regardless of the type of accident you’re in, there’s always a chance that you can get seriously hurt. It doesn’t matter how fast the other driver is going at the time of the collision. It doesn’t matter if they hit you from behind or from the side. What matters is that the person who caused the crash is held accountable.

Some of the more common causes of a rear-end collisions include the following:

  • You’re driving in bumper-to-bumper traffic and the person behind you hits their brakes too late
  • Someone backs into your car while you’re in a busy parking lot
  • You’re stopped at a red light, and somebody slams into the back of your vehicle
  • You stop at a stop sign, but the person behind you doesn’t put on the brakes

Typically, when your vehicle is hit from behind, the damage to your car will primarily be limited to the back end. However, that doesn’t mean that you can’t be seriously injured. Many of our clients who were involved in a rear-end collision suffer whiplash, broken bones, back or neck injuries, and other physical injuries.

As your Albany injury attorney, it’s our job to make sure you’re compensated for these injuries.

Is the Rear Driver Always at Fault?

Our clients often tell us that they thought the rear driver was always at fault in a rear-end collision. This is because most people are under that impression. However, just because somebody hit you from behind doesn’t necessarily mean they were at fault. We’ve handled plenty of cases where the judges determined that our client was partially at fault for the crash. This may seem impossible. Unless you backed into somebody by mistake, how could you possibly be responsible for a rear end collision?

There are plenty of ways that you can be held partially responsible for a rear-end accident. Some of these include the following:

  • One of the more common reasons you may be found to be at fault is because your brake lights were not working at the time of the accident. If the defendant’s attorney can show that this was the case, you will more than likely be held partially responsible for the crash.
  • If you suddenly slammed on your brakes without warning, the defendant’s lawyer will argue that you were the one responsible for the accident. Even if there was a reason for stopping so suddenly, it may be difficult for your Albany injury attorneys to prove otherwise.
  • You stop your car in the middle of the flow of traffic.

There are certainly other reasons why you may be found at fault, but these are the most common. The good news is that in Georgia, even if you are partially at fault for your accident, you can still collect damages. This is because Georgia follows something called the comparative negligence rule. This rule states that a plaintiff can still recover damages as long as they are less than 50% at fault. And, while you can still collect damages, your damages will be reduced by your percentage of fault.

For example, imagine you were involved in a rear-end collision and sued the other driver for $200,000. The defendant can prove that you were 20% at fault. Your damages will be reduced by $40,000.

If Your Claim is Denied, You Can Certainly Sue the Other Driver

If you were injured in a rear-end collision, the first thing your attorney will do is try to get the insurance company to pay your claim. If this doesn’t work, your car wreck lawyer in Albany will file suit on your behalf. In order to prove your case, your attorney will have to prove negligence on the part of the other driver. This will require that you be able to prove the following four things:

  • The defendant owed you a duty of care-This should not be all that difficult to prove. All drivers owe a certain duty of care to other motorists. At a minimum, we must follow all local traffic laws.
  • The other driver breached their duty of care-Your Albany injury attorneys will have to prove that the defendant did something to breach this duty. For example, if you can show that the other driver was texting and driving at the time of the crash, this will show that they breached their duty of care.
  • You were injured-It’s not enough that you were involved in an accident. Your attorney will also have to show that you suffered an actual injury.
  • Your injuries were caused by the defendant’s breach-If something other than the accident caused your injuries, you won’t be entitled to damages.

If your car wreck lawyer in Albany can prove all four elements, there’s a good chance you’ll be entitled to damages.

Contact One of Our Car Wreck Lawyers in Albany Sooner Rather than Later

If you or a family member have been hurt in a rear-end collision, it’s time that you contact one of our Albany injury attorneys. You need to focus on recovering from your injuries. Let one of our attorneys handle the legal side of things for you. All you have to do is contact our office and schedule your free, initial consultation with one of our car wreck lawyers in Albany, Georgia.

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