Rear-end accidents are common occurrences throughout Georgia and are often more than just a headache. A rear-end accident can cause serious injuries and even death. The car accident lawyers at Gautreaux Law fight hard for accident victims in Georgia to get the compensation they deserve, even when insurance companies fight to pay less than they should.
If you or someone you love has been harmed in a rear-end accident, you may be owed significant compensation. Our Georgia rear-end accident lawyers are here to fight to get you compensated fairly and in a timely manner. Contact Gautreaux Law for a free consultation to learn how we can help.
Rear-End Accident Liability in Georgia
Georgia is a traditional auto insurance state that uses rules of fault for compensation purposes. This means that accident victims must prove that someone was at fault for their accident and injuries.
Fault in rear-end accidents belongs to the drivers whose negligence or recklessness caused the accident. An accident victim must point to some act committed by the driver that was negligent or reckless, such as:
- Following too closely
- Operating a motor vehicle while distracted
- Speeding
- Operating an unsafe vehicle
- Driving under the influence
In cases involving road rage, one driver may intentionally rear-end the other, which involves conduct more serious than negligent or reckless actions. In fact, intentionally rear-ending someone can lead to punitive damages on top of any actual damages the victim receives.
Determining Fault
There is a belief that the driver who rear-ends another is always at fault. However, this belief is not true. In every rear-end collision, the fault is determined by many factors, not just the position of the vehicles.
When the driver in front is liable, often it’s because they stopped their vehicle in a dangerous place, such as around a blind corner on a highway. It would be nearly impossible for a driver going highway speeds to avoid the stopped vehicle as they came out of the blind turn.
The driver in front may also be liable for a rear-end crash if they suddenly slowed while in front of a vehicle, as in the case of a brake check. Brake checks occur when one driver, often due to road rage, positions themselves dangerously close to a vehicle behind them. The driver then hits the brakes in an attempt to get the driver behind to slow down.
When the driver at the rear is responsible, standard driver negligence is typically the cause, such as:
- Driving too closely behind a vehicle
- Speeding
- Distracted driving
- Drunk driving
- Driving an unsafe vehicle
Road rage is also a common cause of rear-end accidents. However, road rage is not basic negligence. It involves reckless and intentional acts that are more blameworthy than mere negligence. As such, victims of road rage can potentially seek punitive damages in addition to compensatory damages.
Other At-Fault Parties
Someone other than one of the drivers may be responsible for a rear-end crash. For example, if the mechanics at a repair shop fail to properly repair or install a vehicle’s brakes, the brake shop can be on the hook for damages. The makers of brakes and brake products may also be held liable for dangerously defective products, such as faulty brake pads or brake lines.
Liability may also fall on a company if an on-the-clock driver rear-ends someone. Under the doctrine of vicarious liability, employers are responsible for the negligent actions of their workers when on the job.
For example, a local equipment rental place that delivers rental equipment to job sites might be liable if their delivery driver rear-ended a car negligently. However, if that driver were an independent contractor, there would probably be no vicarious liability unless there are contract terms to the contrary.
Our Car Accident Lawyers Pursue Every Source of Compensation Available
At Gautreaux Law, we desire to see you recover after your accident. We know that nothing can change the past, but we see firsthand every day how much of a difference compensation makes in our clients’ lives.
Some of the categories of compensation we pursue on your behalf include:
- Medical bills
- Loss of wages and income
- Travel and home care expenses related to your injuries
- Property damage
- Pain and suffering
- Disfigurement and scarring
- Loss of consortium
If your accident was the result of road rage or some other intentional or highly reckless act, we will look into punitive damages. And if you were on the clock, you may have a valid workers’ comp claim in addition to your rear-end accident claim.
Contact Gautreaux Law Firm for Car Accident Representation Today
Rear-end accidents are among the most common types of car accidents in Georgia and across the country. However, although common, they can be quite destructive and lead to financial and emotional setbacks. Gautreaux Law can help you recover the compensation you need to handle the losses you have incurred. Call for a free consultation today.