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I Was Injured After I Rear-Ended Someone. Am I Out of Luck?

Posted on - Friday, November 6, 2015 under Car Accident, FAQ

Many people are under the impression that if they rear-end a car in front of them, they will automatically be found at fault. Indeed, many if not most rear-end collisions are at least in part the fault of the trailing driver. However, there can be circumstances in which the driver in the first car can be found partially at fault and perhaps be held liable for any injuries you may have suffered.

According to the National Safety Council, there are more than 2.5 million rear-end collisions on America’s roads and highways every year, making them the most common of the many types of car accidents. There are many causes of rear-end collisions, many of which can be attributed to the driver of the second car such as:

  • tailgating
  • speeding
  • distracted driving
  • drunk or impaired driving

Tailgating is perhaps the biggest issue. In fact, driving too closely is a moving violation in Georgia. O.C.G.A. § 40-6-49  states that “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Sometimes, though, no matter how “reasonable and prudent” a driver is being, they can still rear-end the car in front of them because of factors that are the fault of the river in front of them. These factors include:

  • broken or non-functioning brake lights
  • the driver suddenly reversing
  • the driver pulling into your lane or merging suddenly and/or at an insufficient speed

In the event that the driver of the first-car was partially at fault, whether an injured driver of the second car will be able to recover any damages depends on how much at fault each driver was. Under Georgia law, if the driver of the second car is found to be 50% or more at fault, they will be barred from recovering any damages at all.

If you’ve been seriously injured in a rear-end collision, don’t assume that you are out of luck just because you were the second in line. Please give us a call at (770) 727-5550 or chat live online with a member of our staff today. We can evaluate your case and advise you of your options.