Who is at Fault in a Rear-End Car Accident?

side mirror of a car showing highwayRear-end accidents are among the most common car accident cases we handle. A rear-end collision can result in serious injuries, leaving you unable to work or take care of your family. If you’ve been injured in a rear-end car accident, a Georgia car accident lawyer can determine whether you are entitled to compensation and help you understand your options. 

Liability in Rear-End Car Accidents

In a rear-end accident, the following driver is almost always at fault. Rear-end accidents typically occur because the following driver was negligent. Below are some common causes of rear-end accidents: 

  • Tailgating
  • Speeding
  • Distracted driving
  • Being inattentive
  • Drowsy driving
  • Failing to account for weather conditions

Of course, there are exceptions where the following driver is not at-fault, but they are rare. If you’ve been rear-ended and the other driver is claiming that it’s your fault, you should speak with an experienced personal injury attorney to protect yourself.

Proving Liability

Even though liability is rarely at issue, you will still need to prove your case. This means establishing that the following driver was at-fault in causing the accident, and proving that the collision resulted in serious injuries. 

For proving liability, the police report can be particularly useful in proving negligence. It will document the cause of the accident and record the basic details of what happened. The police report can be especially helpful if it indicates that the following driver was ticketed for a traffic violation such as tailgating or distracted driving. 

Proving Your Injuries

That said, the challenge in most rear-end accident cases is proving the severity of your injuries. As a result, you need to make sure that you keep copies of any documentation surrounding your case: 

  • All medical bills, invoices, and receipts, particularly for any uncovered expenses such as deductibles or copays
  • Any reports, letters, or other documents that describe your injuries, what caused them, the recommended treatment, and how long it will take you to recover
  • Andy documentation that explains whether you will be able to work and what limitations you may have
  • Documentation for lost income due to your injury and any other expenses such as increased transportation costs

It can sometimes be difficult to understand what your medical records say or how to use them to prove your claim. A skilled personal injury attorney will be able to interpret them for you. More importantly, your lawyer will know how to use them in order to build your case. 

Your Injuries May Not Be Immediately Obvious

It’s not uncommon for accident victims to experience symptoms days or even weeks after the accident occurred. This is particularly the case with rear-end collisions, where concussions, whiplash, and damage to internal organs can be common. If you experience any of the following symptoms following your accident, you should seek immediate medical attention:

  • Tingling or numbness in your extremities
  •  Pain and stiffness in your neck and back
  • DIzziness 
  • Headaches
  • Swelling
  • Tenderness in your trunk area
  • Blurred vision
  • Fogged thinking

Again, these symptoms may not present themselves right away. They may be indicative of a serious injury, so it is important to get a thorough medical exam, even if you felt fine immediately after your accident. 

Injured in a Rear-End Collision? Call the Atlanta Car Accident Attorneys at Slappey & Sadd 

You shouldn’t have to suffer the consequences of someone else’s negligence. If you’ve been injured in a rear-end accident, the Georgia personal injury attorneys at Slappey & Sadd have the skill, knowledge, and experience you need to get the compensation you deserve. Call us today at 404-255-6677 to schedule a free consultation with one of our attorneys to learn more about how we can help you.  


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