Who is at fault in a rear-end collision depends on the specific facts of your accident. The party who holds the most responsibility may be held liable for the resulting injuries and losses, including your medical bills, lost wages, and pain and suffering.
A personal injury lawyer can help you recover these damages by proving that the other driver was at fault due to their negligent actions or inactions.
Negligence in Rear-End Collision Accidents
Negligence is behavior that fails to meet the standards of a reasonable person in a similar situation. To recover damages on your behalf, your lawyer will need to show that the other driver was at fault for their negligent actions or inactions.
Four Parts of a Successful Lawsuit
Your lawyer will present evidence to prove that the following four elements apply to your case.
- Duty of care: We will prove that you were owed a duty of care. This is the responsibility the other parties owe you to keep other drivers reasonably safe when on the road.
- Negligence: Then, we will prove that the other driver’s behavior was negligent. This could mean that they took actions that put others at risk. Or, they could have failed to take the appropriate actions—like someone of reasonable prudence would under similar circumstances. We can prove this with evidence uncovered through our investigation into your accident.
- Causation: The next step is to prove that this negligence is what caused your accident.
- Damages: Finally, your lawyer will prove this accident resulted in injuries and losses, or “damages,” for which you can be compensated.
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Third-Party Liability in Rear-End Collisions
Fault may lie with parties outside of you and the other driver. There are several circumstances where a third party could hold responsibility for your accident, making them at least partially liable for your losses.
Faulty auto Parts
For example, if a faulty auto part caused the accident in your car or the other vehicle, one of the following parties might be at fault:
- Manufacturer of the vehicle
- Designer of the vehicle
- Distributor of the vehicle
Or, if the accident was caused by inadequate road maintenance, signage, or other infrastructure issues, fault may lie with:
- The government
- One of its agencies
- One of its employees
In these circumstances, the way you file for compensation may be different from the way you go about suing another driver. Your lawyer can walk you through the steps and offer advice on your options after reviewing your case.
What Qualifies as Negligent Driving?
Through investigation, we may uncover the following types of negligent driving.
Drunk drivers have impaired senses and reflexes, as well as lowered inhibitions. They may be more likely to make poor judgment calls and engage in other risky driving forms on this list.
This includes those who are impaired by illegal drugs and those under the influence of prescription medications (and their side effects).
Distracted drivers are not paying adequate attention to the road. They may be preoccupied with a variety of distractions, including:
- Cell phones
- The radio
- Other passengers
By taking their attention away from where it belongs, they make it more difficult to spot and respond to situations on the road, causing accidents.
Fatigued drivers have dulled reflexes and senses and can even nod off while driving. They can become fatigued after driving for a long period, driving after having not slept well the night before, or driving early in the morning or late at night
This risky driving behavior includes things like:
- Weaving in and out of lanes of traffic
- Ignoring traffic signs and lights
- Road rage behaviors
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You Could Collect Damages, Despite Partial Responsibility for the Accident
You might have reversed in a parking lot without looking behind you, hitting the car behind you. However, the car behind you could have been in motion and operated by a drunk driver. The insurance company might rule that you were not primarily responsible for the accident.
Under Georgia’s doctrine of contributory negligence, you could collect compensation after a car accident if you were not the party that bears the most amount of responsibility.
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Your Personal Injury Lawyer Can Help You After a Rear-End Collision
Your personal injury attorney will investigate your accident, build your case, and pursue the damages you deserve for your injuries. You could recover economic and non-economic damages for things like your medical bills, lost wages, and pain and suffering.
Call Kaine Law Today to Learn More
We focus on car accident victims like you, working to get the best possible outcome for our injured clients. We have successfully recovered millions of dollars, and we want to put this experience and knowledge to work for you.
You are only one call away from getting started, and your time to file is limited by OCGA §9-3-33. To learn more about who is at fault in a rear-end collision and to receive your free consultation, call Kaine Law today.