Our Atlanta Rear End Accident Lawyer is Standing By to Help You
A rear-end crash can be more than just a fender bender. In many cases, these accidents result not only in significant property damage, but also serious injuries. Concussions, whiplash, back injuries and other serious injuries are all common, and they can all leave accident victims facing long and difficult roads to recovery.
If you have been injured in a rear-end collision, it is important that you seek help promptly. This includes both seeing a doctor and talking to a lawyer right away. At Mabra Law, we are passionate about helping accident victims recover just compensation; and, when you hire an Atlanta rear end accident lawyer at our firm to represent you, you can rest easy knowing that your lawyer is fighting for the full compensation you deserve.
We handle all rear-end accident cases on a contingency-fee basis. Simply put, this means that you pay nothing unless you win. Our firm will cover the costs of pursuing your claim for you, and we will only recoup these costs if we help you secure a settlement or verdict.
Determining Liability in Rear-End Accidents
Securing a settlement or verdict starts with determining liability. To recover just compensation, you need proof of what happened and who is to blame. While the following driver will be liable in most circumstances, there are exceptions; and, in any case, you need evidence in order to convince the insurance companies to take your claim seriously.
Liability in a Rear-End Collision Is Usually Easy to Determine
Usually, liability in a rear-end collision is relatively easy to determine. There aren’t many excuses for running into the back of another vehicle. As a result, in the vast majority of circumstances, the driver who does the rear-ending is the one who will be liable for causing the crash.
While many factors can lead to rear-end collisions (as we discuss below), one of the most common factors is failing to leave enough buffer. When drivers are tailgating, they are far more likely to cause a rear-end collision. There are two reasons why:
- When drivers are tailgating, they can’t see as much of the road in front of them—and they may not be able to see that traffic ahead is stopping.
- When drivers are tailgating, they have much less room to brake before they cause a collision.
When an Atlanta rear end accident lawyer at Mabra Law investigates your collision, your lawyer will look for evidence that the driver who hit you was following too closely. If he or she was following too closely, this could be all it takes to prove that you are entitled to just compensation.
Drivers Must Leave Enough Following Distance
Leaving enough buffer between your car and the car in front of you isn’t just the right thing to do—it’s also the law. Under§ 40-6-49 of the Georgia Code, “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Laws like this are intended specifically to help prevent accidents; and, when drivers violate laws like § 40-6-49, they can—and should—be held fully accountable.
As a result, if the driver who rear ended you got a ticket for following too closely, this could serve as key evidence in your claim for just compensation. Your Atlanta rear end accident lawyer at Mabra Law can obtain a copy of the police report from your accident (if you don’t have a copy already), and your lawyer can use the information on the police report to assist with building your claim.
When the Driver in Back May Not Be Liable
As we mentioned above, while the following driver will be liable for a rear-end collision in most circumstances, there are exceptions. It is important to consider these exceptions when making decisions about asserting your legal rights. In some cases, seeking just compensation may involve filing a claim against someone (or a company) other than the driver who hit you. In others, you may need to defend against allegations of comparative negligence in order to secure damages for your accident-related losses.
When might the driver in back not be liable? Some examples of potential scenarios include:
- Multiple vehicles were involved, and another car rear-ended their vehicle. Some rear-end collisions involve multiple vehicles. If the driver who hit you had been rear-ended by another vehicle, then the driver who triggered the accident could be liable for everyone’s property damage and injuries.
- A vehicle is stopped in the middle of the road. If you had to slam on your brakes to avoid hitting a vehicle that was stopped in the middle of the road, the driver behind you may not have been able to avoid a collision. In this scenario, the driver who was dangerously stopped in the road could be found liable for causing the crash.
- A defective vehicle design or manufacturing issue prevented the driver from stopping, potentially making the vehicle manufacturer liable. Vehicle defects will be responsible for rear-end collisions in some cases as well. If the driver who hit you couldn’t stop because his or her brakes failed, then the manufacturer of his or her vehicle could be fully liable for your accident-related losses.
- The driver in front suddenly reversed. The driver in front could be found liable (or partially liable) for a rear-end collision if he or she suddenly went in reverse. This type of accident most often happens in parking lots and neighborhoods, or while the driver in front is attempting to parallel park.
- One or both tail lights were not working on the vehicle in front. The driver in front could also be found liable (or partially liable) if his or her tail lights weren’t functioning. Drivers expect to see taillights when the vehicle in front of them is slowing down, so non-functioning taillights can increase the risk of a rear-end collision.
- The vehicle in front has a flat tire or another malfunction, but the hazard lights are not turned on. If you need to stop in the middle of the road due to a flat tire or another vehicle malfunction, it is important to turn on your hazard lights. If you got hit and your hazard lights weren’t on, this could lead to allegations that you are responsible (or at least partially responsible) for causing your rear-end collision.
Let’s say you got rear-ended and the insurance companies are claiming that you played a role in causing the collision. What does this mean for your legal rights? The short answer is, “It depends.” Here are some key considerations:
- You should never assume that you are responsible (or partially responsible) for being rear-ended. The insurance companies routinely try to blame accident victims for their own injuries. This is one of their most common tactics for attempting to avoid liability. Before you make any assumptions about who was (or wasn’t) responsible, it is critical that you hire an Atlanta rear end accident lawyer to conduct a thorough investigation.
- Even if you were partially responsible, you may still be entitled to partial compensation. Even if you were partially responsible for your rear-end accident (which, again, you should not assume), you may still be entitled to compensation for some of your accident-related losses. In Georgia, as long as you are not primarily responsible for your injuries, you can still recover partial compensation.
- If you are found primarily or fully responsible, you won’t be able to recover any compensation for your accident-related losses. If the insurance companies deem you primarily or fully responsible, they will attempt to deny your claim for liability. This is one of many reasons why it is critical to have an experienced Atlanta rear end accident lawyer on your side.
Factors Contributing to Rear-End Collisions
When you hire an Atlanta rear end accident lawyer to represent you, one of your lawyer’s first priorities will be to conduct an investigation focused on identifying any and all factors that contributed to causing your collision. With this information in hand, your lawyer will then be able to give you personalized legal advice based on your specific circumstances. When investigating your rear-end collision, your lawyer will be looking for evidence of contributing factors such as:
Tailgating
For obvious reasons, tailgating is among the leading causes of rear-end collisions. There is no excuse for tailgating; and, as discussed above, following another vehicle too closely is against the law in Georgia.
Slow-Moving Vehicles
Slow-moving vehicles can create backups, and these backups can increase the risk of a rear-end collision or chain-reaction accident. Still, however, there are relatively few excuses for running into the back of another vehicle—especially one that is moving forward.
Sudden, Hard Braking
When drivers brake suddenly and harshly, they are at high risk of losing control. While anti-lock brakes (ABS) can help to prevent a complete loss of control, sudden and harsh braking are still common factors in rear-end collisions.
Speeding
Speed is a common factor in rear-end accidents as well. Speed limits exist for a reason; and, when drivers exceed the posted speed limit, they are far more likely to cause a potentially serious rear-end crash.
Distracted Driving
Many scenarios on the road require split-second decision making. When drivers are distracted by their phones, passengers or in-car infotainment systems, they are unable to make the decisions they need to make in order to avoid dangerous situations.
Alcohol or Drug Impairment
Alcohol and drug impairment impact both judgment and reaction time—and both of these are essential for avoiding rear-end collisions. Unfortunately, while driving under the influence is illegal, far too many people still make the poor decision to drive while drunk or high.
Traffic Congestion
The more cars, trucks and SUVs there are on the road, the more likely it is that two (or more) of these vehicles will be involved in a collision. As a result, as traffic becomes congested, the risk of a rear-end collision increases significantly.
Weaving In and Out of Traffic
Drivers who weave in and out of traffic are dangers to themselves and everyone around them. When weaving through traffic, especially at high speed, drivers are significantly more likely to cause a rear-end collision.
Bad Weather
Bad weather can play a role in rear-end collisions as well. If the road is wet or visibility is limited, drivers need to slow down and prioritize safety. When drivers fail to account for road or weather conditions, this can increase their likelihood of causing a rear-end collision as well.
Proving Negligence in Rear-End Accident Cases
While vehicle defects and other issues can come into play in some cases, recovering just compensation for a rear-end collision usually involves proving driver negligence. Generally speaking, there are two ways you can prove that a driver was negligent (and, therefore, is liable for your accident-related losses).
The first way is by proving that the driver made a mistake behind the wheel. Carelessness and recklessness both provide grounds for accident victims to seek just compensation.
The second way is by proving that the driver violated a Georgia traffic safety law—such as § 40-6-49 of the Georgia Code. Violating a law that is intended to protect other motorists constitutes “negligence per se,” and this alone can be enough to establish a claim for just compensation.
Regardless of what it takes to prove negligence in your case, you do not have to—and should not—try to do this on your own. It is simply too complicated, and you simply have too much at stake. At Mabra Law, we use our experience to prove negligence on our clients’ behalf. As soon as you engage our firm to represent you, an experienced Atlanta rear end accident lawyer will get to work taking all of the necessary steps to maximize your chances of a full financial recovery.
Seeking Compensation for Rear-End Accidents
While proving negligence is one of the key steps toward seeking compensation for a rear-end accident, there are many additional steps your Atlanta rear end accident lawyer will need to take in order to assert your legal rights effectively. This includes everything from determining what damages you can seek to deciding when it’s time to consider a personal injury lawsuit:
Types of Compensatory Damages Available
If you have a claim for a rear-end accident in Atlanta, you are entitled to compensatory damages. As their name suggests, these damages are intended to compensate you for your accident-related losses. Compensatory damages fall into two categories:
- Economic (or “Special”) Damages – Economic damages provide compensation for accident victims’ financial losses. These typically include medical bills, prescription costs and lost earnings, among others.
- Non-Economic (or “General”) Damages – Non-economic damages provide compensation for accident victims’ non-financial losses. These include things like pain and suffering, emotional distress, and loss of consortium.
What about punitive damages? Punitive damages are available in some cases. Along with calculating your compensatory damages, your Atlanta rear end accident lawyer at Mabra Law will also determine if a claim for punitive damages is warranted in your case.
The Importance of Medical Attention and Documentation
Just like proving negligence, proving damages requires evidence. Medical records are among the most important forms of evidence in this regard. With this in mind, you should see a doctor promptly (if you have not done so already), and you should be sure to keep copies of all of your medical records and bills.
Negotiating a Fair Settlement with the Insurance Companies
With clear and comprehensive evidence of your damages, your Atlanta rear end accident lawyer at Mabra Law will be able to negotiate for a fair settlement on your behalf. All of our lawyers have extensive experience in settlement negotiations, and we can use this experience to your advantage.
When to Pursue a Personal Injury Lawsuit
While most successful rear-end accident cases settle, sometimes it’s necessary to pursue a personal injury lawsuit. If going to court is your best option, your lawyer will rely on his or her experience to fight for just compensation at trial. With that said, many cases settle once a lawsuit has been filed, and your lawyer will continue to fight for a fair settlement throughout your case.
The Legal Process for Rear-End Accident Cases
Whether a settlement is in the cards or you need to take your case to trial, there is a process for seeking the financial compensation you deserve. While your Atlanta rear end accident lawyer at Mabra Law will handle this process for you, it can be helpful to know what to expect along the way. With this in mind, some of the key stages in the process of pursuing a rear-end accident case are:
Gathering Evidence and Building a Strong Case
We’ve touched on this already, but it bears repeating: Evidence is the key to recovering just compensation after a rear-end collision in Atlanta. You need evidence to prove that you are entitled to just compensation, and you need evidence to prove how much compensation you deserve. When you hire one of our lawyers to represent you, your lawyer will work quickly to collect evidence including (but not limited to):
- Police reports
- Photos and videos (including surveillance camera and dashcam footage)
- Eyewitnesses
- Medical records
- Property damage estimates
- Work absence records
Filing a Lawsuit and Engaging in Discovery
While we will be able to obtain much of the evidence we need without taking formal legal action, certain forms of evidence are only available through filing a lawsuit and engaging in discovery. If necessary, filing a lawsuit will allow us to obtain evidence from the defendant, and it will also allow us to take the defendant’s deposition under oath.
Exploring the Possibility of a Settlement
The more evidence we have, the easier it will be to seek a settlement on your behalf. This makes it essential that you schedule a free consultation with an Atlanta rear end accident lawyer at our firm as soon as possible.
Going to Trial if Necessary
To be clear, most rear-end accident cases do not go to trial. Most cases are resolved through the insurance claims process. But, if going to trial is necessary in your case, our team will do all of the legwork and preparations necessary to effectively present your case in court.
The Benefits of Hiring a Specialized Rear-End Accident Lawyer
Seeking just compensation for a rear-end collision requires legal representation. But, it is important not to choose just any lawyer to represent you. Instead, you should choose a lawyer who specializes in handling rear-end accident cases.
At Mabra Law, we have the experience, insights and dedication you need. We understand all of the ways a rear-end collision can impact your life, and we know what it takes to recover the financial compensation you deserve. Here are just some of the benefits of hiring a specialized rear-end accident lawyer at our firm to represent you:
- Experience in Rear-End Accidents - We Know What We’re Doing.
- Maximizing Compensation, So You Have the Funds You Need.
- Navigating the Legal Process, So You Don’t Have To.
- Access to Investigative Resources to Build the Strongest Case Possible.
- Negotiation Skills to Ensure Maximum Compensation.
- Peace of Mind So You Can Heal.
Does this sound like what you’re looking for? If so, we encourage you to contact us promptly for a free, no-obligation consultation. We will arrange for you to speak with an experienced Atlanta rear end accident lawyer as soon as possible, and your lawyer will provide all of the information you need to feel confident about your next steps.
Don’t Delay: Speak with an Atlanta Rear End Accident Lawyer Today
Hiring an Atlanta rear end accident lawyer at Mabra Law costs nothing out of pocket, and it is the single most important step you can take to protect your legal rights. To get started with a complimentary, risk-free consultation, call us at 404-344-5255 or tell us how we can contact you online today.