The most common type of collision between two vehicles on American roadways is rear-end collisions. In 2015, the Washington Post reported that more than 1.7 million rear-end collisions occurred in the United States. Today, that number is even higher.
Rear-end collisions have developed a reputation as being “fender benders.” Unfortunately, many rear-end collisions have devastating and even life-threatening consequences. According to the Insurance Information Institute (III), more than seven percent of rear-end collisions result in fatalities.
If you are living with the consequences of a rear-end collision, let the Bader Scott Injury Lawyers carefully review your case. Our team of lawyers can evaluate the strength of your personal injury claim and advise you on how to proceed. To get started with your pursuit of financial compensation, call our office at (404) 888-8888 to schedule a free consultation with an East Point rear-end collisions lawyer today.
Factors in a Rear-End Collision
The vast majority of rear-end collisions occur due to some type of negligence involving the rear car driver. While every accident is different, the actions of the rear driver are typically central to these collisions. Motorists have a duty to ensure they keep ample space in front of their vehicle while driving. Allowing for ample space between vehicles ensures that the rear driver has enough time to avoid a crash if the vehicle in front stops short. Some of the factors that can cause a rear-end collision include:
- Distracted driving. It is virtually impossible for a motorist to focus an appropriate amount of attention on the road in front of them while distracted by a mobile device. A driver that diverts their eyes or attention from the road is more likely to collide with the vehicle in front of them.
- Drunken driving. Fast reflexes are critical for a driver to avoid colliding with the vehicle in front of them. Drugs and alcohol generally diminish the reflexes and decision-making needed to avoid a crash.
- Speeding. The faster a driver travels, the less likely they are to avoid an accident if a vehicle in front of them stops short. These accidents are compounded by the fact that speeding drivers need more time to come to a complete stop compared to motorists traveling the speed limit.
- Aggressive driving. Aggressive driving is a combination of risky behaviors behind the wheel. Each of these behaviors increases the chance of a rear-end collision. Examples include tailgating and erratic lane changes.
If you suffered injuries in a rear-end collision with a negligent motorist, the team at Bader Scott Injury Lawyers is ready to help. We will work to ensure you receive the compensation you deserve. To learn more about your claim or the legal process in general, contact our office at (404) 888-8888 to schedule a free consultation with an East Point rear-end collisions lawyer.
For a free legal consultation with a rear-end collisions lawyer serving East Point, call (404) 888-8888
Modified Comparative Negligence
While it is true that the rear driver is typically responsible for rear-end crashes, it is worth noting that the front vehicle could be at fault in some of these cases. For example, the front driver could cause an accident by negligently backing into a vehicle behind it.
Often, liability in rear-end collisions is not crystal clear. In some cases, both drivers could share in the fault for a crash. Under these circumstances, a legal theory known as modified comparative negligence applies. Under this doctrine, an injury victim who shares in some of the fault for a rear-end collision could still seek compensation from the other driver. However, there are some important limitations that you should understand before pursuing a claim for compensation.
Every state approaches the issue of comparative negligence differently. In Georgia, there is a threshold that prevents some plaintiffs from pursuing monetary damages after a crash. If you are more than 50%responsible for a rear-end accident, state law bars you from pursuing a lawsuit against the other driver.
There are other limitations in cases where your share of the liability is below 50 percent. According to state law, the jury must reduce your amount of compensation by your degree of fault. Consider the following example.
You are waiting at a stop sign and fail to realize that you are slowly rolling backward. A car approaches you rapidly from behind and strikes you, destroying your car and seriously injuring you. At trial, the jury must assign a percentage of fault to every party involved in the case. The jury must also determine the full amount of damages you have proved resulted from the crash.
If the jury finds you 55% at fault, you will get nothing. If the jury determines you are 40% at fault, you will recover compensation for your injuries. However, the amount of damages you are entitled to will be reduced by your degree of fault. If you established you suffered $100,000 in damages, you would only be entitled to recover $60,000 from the at-fault motorist.
East Point Rear-End Collisions Lawyer Near Me (404) 888-8888
Your Rear-End Collision Could Result in Financial Compensation
Following a rear-end collision, you deserve legal counsel that understands the difficulty of facing a serious injury. At Bader Scott Injury Lawyers, we have advocated for the rights of injury victims for years. We know how a severe injury can impact your health, your life, and your livelihood. That is why we aggressively pursue a favorable outcome for all of our clients.
If you are ready to move forward with an injury claim following a rear-end collision, our team is ready to help. We can carefully investigate the facts of your case and assist you with every stage of litigation. To get started with your injury claim, call (404) 888-8888 to schedule your free consultation with an East Point rear-end collisions lawyer.