Being hit from behind while driving can be a jarring and traumatic experience, even if it does not leave you with any serious physical trauma. These accidents, like any accidents involving vehicles moving at high speeds, can cause severe injuries that are expensive to treat, leave you unable to work, and may result in numerous long-term—or even lifelong—consequences.
Recovering comprehensive compensation after rear-end car accidents in Atlanta can be challenging without support from seasoned legal counsel. A skilled car accident attorney with a track record of positive results in similar cases could be a crucial ally to have from the beginning to the end of this process.
Establishing Fault for a Rear-End Wreck
No matter whether it is a head-on, T-bone, or rear-end crash, the first step to holding someone else civilly liable for causing an auto accident is almost always proving them legally negligent. In a nutshell, this means showing through a preponderance of evidence that the incident would likely not have happened at all if the defendant had not done something specifically reckless, careless, and/or illegal to cause it.
In Atlanta, the rearmost driver is, under most circumstances, primarily to blame for a rear end car crash—because, for example, they were speeding, distracted by their phone, or following too closely behind someone on a highway. However, there are situations where primary fault for an incident like this could lie with the frontmost driver, who may have slammed their brakes unexpectedly or tried to change lanes without checking for nearby vehicles.
If a court finds that an injured civil plaintiff is partially liable for causing their own injuries, that court may assign the plaintiff a percentage of overall fault for the crash and reduce their final damage award in value accordingly. Furthermore, any driver found equally or primarily at fault for causing their own accident cannot recover any compensation whatsoever for ensuing injuries, as per Official Code of Georgia §51-11-7. It is crucial to work with an experienced attorney who could establish the other driver’s negligence and fight back against any unfair or unjust accusations of fault.
Filing Deadlines for Rear-End Collision Claims
Another legal obstacle that could affect the right of a rear-end car wreck victim in Atlanta to seek compensation for their damages is the statute of limitations. This law sets a limit on how long an accident victim has to formally file suit after being injured in an incident caused by negligence.
Under O.C.G.A. §9-3-33, the applicable deadline for virtually all rear-end crash cases is two years after the date on which the accident—and accordingly, the plaintiff’s injuries—actually occurred. That said, there are limited situations where this deadline may be “tolled,” or paused, for a specified amount of time. A knowledgeable attorney could help an injured party file their case well within this legal deadline.
Seek Help from an Attorney After a Rear-End Car Wreck in Atlanta
Dealing with car repair bills and the various other economic costs of a car accident can be immensely difficult. Things can get exponentially more complicated if you suffer whiplash, lacerations, ligament tears, broken bones, or any other physical harm, as it may lead to many more expenses and losses in the form of lost income, medical bills, and physical and emotional suffering.
All these damages and any others caused by a rear end car accident in Atlanta could be recoverable through a settlement demand or lawsuit, which a capable lawyer at the Gunn Law Group could provide essential help pursuing. Call today to learn more.