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What Damages Can You Recover After a Rear-End Accident?

On Behalf of | Nov 6, 2023 | Firm News

Have You Been Injured in a Rear-End Crash?

When someone’s been injured in a traffic crash, determining which driver was at fault is necessary but not always easy. If you’re injured, for example, in a rear-end collision in North Georgia, you’ll need to be advised and represented by a Dalton traffic accident attorney.

In rear-end crashes in Georgia, is the person driving the vehicle in the rear automatically at fault? And if you are seriously injured in a rear-end collision, who will pay your medical bills and reimburse you for your lost wages? What damages can you recover?

Who is Liable in a Rear-End Accident?

In rear-end accidents in Georgia, when a motorist rolls into or crashes into a vehicle that is legally stopped for a traffic sign or signal, or into a legally parked vehicle, the motorist driving in the vehicle that was moving is almost always deemed at fault.

Braking safely is an essential driving skill. A motorist who causes an accident by failing to stop safely is almost always considered negligent and deemed liable. Occasionally, however, in a few rear-end accidents, the driver who was stopped or parked shares responsibility for the accident.

If a driver suddenly brakes and stops in front of your vehicle, you must have adequate space in order to stop safely. However, in heavy, fast-moving traffic, if a driver abruptly stops or brakes in front of you, you may not be able to avoid a rear-end collision.

Why and How Do Rear-End Collisions Happen?

In a rear-end accident, the driver in the front vehicle may have partial liability for the crash if that motorist’s taillights or brake lights weren’t functioning, if the driver made a turn without signaling, or if the driver failed to use blinkers before stopping in front of the rear vehicle.

However, if you are the driver of the rear vehicle in a rear-end accident, it may be difficult to show that the driver in front had any responsibility for the crash. If you were injured, a Dalton personal injury lawyer can offer you sound legal advice and effective representation.

A Dalton traffic accident attorney will review the details of the accident, including photographs, medical records, the police accident report, and eyewitness statements in order to determine exactly how the collision occurred and which driver has liability.

What Compensation Can You Recover?

If you are injured in a rear-end accident due to the other driver’s recklessness or negligence, you have the right to seek compensation for your current and future medical bills, current and projected future lost earnings, personal pain and suffering, and related damages.

Your lawyer will negotiate for an acceptable settlement or take your claim to court, if necessary, to fight for the compensation you need.

If you’re injured in a rear-end collision in or near Dalton or anywhere in North Georgia, do not admit or confess any fault, don’t sign any auto insurance document, and don’t even speak to the other driver’s insurance company until you have consulted a Dalton personal injury lawyer.

How Will an Injury Lawyer Handle Your Case?

After a rear-end accident, an insurance company may make a settlement offer that is substantially less than the actual value of your injury claim. Do not accept any offer for a sum that’s less than your claim is worth, and don’t take any offer without first discussing the offer with your attorney.

After you obtain medical treatment, contacting a Dalton car accident attorney should be your very next step. Your accident attorney will negotiate for a reasonable and fair settlement amount, and if it becomes necessary, your attorney will fight for your compensation in the courtroom.

When Will You Need a Medical Examination?

Some of the injuries that are sustained in rear-end collisions may be latent or difficult to detect, so if you are not taken to a hospital or treated at the scene of the accident, you’ll need to have a medical examination at once, within twenty-four hours if possible.

If you do not have an immediate medical examination, it may become difficult to link your injury directly to the rear-end accident, and you may not have sufficient documentation to prevail with your personal injury claim.

A hard-to-find or latent injury can emerge later as a serious medical condition, so a prompt medical exam protects you both medically and legally. Crash experts tell us that a headrest may be the best way to protect yourself from head, neck, and spinal cord injuries in a rear-end crash.

What Else Should Dalton-Area Drivers Know?

If a defective vehicle or part causes a rear-end accident in this state, and no motorist is at fault, your auto accident attorney may suggest bringing a product liability claim in order to seek compensation from the part or vehicle manufacturer.

Similarly, if you’re injured in an accident that happens because a street or highway was improperly designed or has been improperly maintained, you may bring a personal injury claim against the government agency that is responsible for that street or highway.

What’s the Deadline for Legal Action?

In most cases, the statute of limitations – the deadline – for filing a personal injury lawsuit after a rear-end collision in Georgia is two years. If a government agency is the defendant, you may have only six months to begin legal action.

But you can’t wait a year or two and scramble to file a personal injury claim just under the deadline. Your lawyer should speak to any witnesses before their memories fade and review the evidence while it’s still fresh.

Of course, you must take the first step. If you’ve been injured in a rear-end collision in North Georgia, call Cowan Law Firm as soon as possible after you’ve been examined and treated.

It Costs Nothing to Learn More

After you’ve been injured by a driver’s negligence in a rear-end accident, call Cowan Law Firm at once. Our legal team will provide you with a no-cost, no-obligation, in-depth evaluation of your case.

We have over thirty years of legal experience in North Georgia, fighting and prevailing for those who are injured by someone else’s negligence. You pay Cowan Law Firm no attorney’s fee until and unless we recover your compensation with a privately negotiated settlement or a trial verdict.

If you’ve been injured by a negligent driver in a rear-end collision – or if that happens to you in the future – promptly contact the Dalton offices of Cowan Law Firm at 706-420-2949, and let us fight for the compensation – as well as for the justice – you need.