Rear-end collisions are often minor fender benders without serious consequences. At low speeds, you may experience whiplash or have to deal with a damaged bumper. When traveling at high speeds, however, these crashes have the potential to cause catastrophic injuries and serious vehicle damage.
While the driver in the rear is typically liable in these collisions, it is not always easy to recover fair compensation. You must still clearly demonstrate how another motorist’s negligence was the direct or proximate cause of your injuries. To discuss your legal options after a rear-end car accident in Winder, consult a seasoned auto accident attorney at Smith Hulsey Law.
Rear-end collisions frequently occur when one vehicle stops and the vehicle behind them continues driving, striking the stopped car. For this reason, tailgating is one of the most common causes of rear-end crashes. Motorists must always leave enough space in front of their vehicles to be able to respond safely to sudden stops without colliding. This is particularly true on highways and other roads with higher speed limits.
Another common factor in rear-end collision cases is inclement weather. When motorists cannot see other vehicles on the road, they may not notice the car in front of them has stopped. If fog, snow, or rain limits visibility, people should avoid driving or, if necessary, adjust their speed accordingly.
Distracted driving is another common variable in auto accident cases. State law makes it illegal to text behind the wheel, and even a second of distraction at the wrong moment could lead to a disastrous collision. If an injured person believes someone else’s reckless behavior was the primary cause of a rear-end car crash, they should call a Winder attorney as soon as possible.
To pursue compensation outside of an insurance settlement, injured parties must prove someone else’s negligence. Negligence is a legal concept meaning someone has breached a legal duty of care, resulting in harm to another person. All drivers have a duty of care to drive safely, and most rear-end crashes involve someone failing in this duty.
The Official Code of Georgia Annotated § 51-12-33 states that courts may assign a percentage of fault to all parties involved in a crash. If courts assign more than 49 percent of the blame to the plaintiff, they may bar the plaintiff from receiving any compensation. If courts assign less than 49 but more than 0 percent blame to the plaintiff, the plaintiff is still eligible for compensation, but courts may reduce the total damage award accordingly. Anyone injured in a rear-end car accident should speak with an aggressive Winder attorney who could build a strong case demonstrating someone else’s negligence.
When a rear-end car accident in Winder causes you to experience serious injuries that require medical attention, you should consider your legal options. By pursuing a civil claim or insurance settlement, you could recover the costs of your medical treatment as well as any lost wages.
Our attorneys are skilled at negotiating with auto insurance companies and are prepared to litigate claims when settlement offers are unacceptable. The legal team at Smith Hulsey Law could successfully guide you through the legal aspects of your case. Call now to get started.
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