If you were involved in an accident where a car rear-ended you, you may assume that liability is a no-brainer. However, there are certain instances where the driver who gets rear-ended is to blame. Below, we discuss the factors of negligence and how Georgia law establishes fault in these common types of accidents.
If a rear-end accident has altered your life or caused injury to a loved one, you should contact an experienced Savannah car accident lawyer at Roden Law for assistance with your claim. During a free, no obligation consultation, we can examine your case and determine who may be at fault for the accident. Contact us today to learn more about your legal rights.
Factors of Negligence
Proving negligence often depends on how one driver displayed carelessness while operating a vehicle. In legal terms, this is usually known as establishing the driver’s “breach of duty of care.” Some examples of breach of duty of care include the following:
- Failure to pay attention to traffic and remain cautious of hazards
- Failure to stop within a reasonable time at stop signs or traffic lights
- The failure to drive at a reasonable and appropriate speed based on road conditions
- Not maintaining proper control of the car
- Not yielding to the right-of-way of other vehicles
- The lack of using a turn signal
- The inability to follow others at safe distances
Establishing fault
The driver who crashes into the car in front is often found at fault, but Georgia law does not presume it: a leading vehicle has “no absolute legal position superior to that of one following,” and except in rare cases a jury decides who was negligent (Atlanta Coca-Cola Bottling Co. v. Jones, 236 Ga. 448 (1976)). This usually stems from the lack of stopping in time or negligent behavior that leads to the crash. However, there are times when the driver in front is at fault because of his or her own negligent driving practices.
When Rear Driver is at Fault
Liability usually points to the rear driver when the evidence shows practices such as the following:
- Tailgating — When a driver fails to leave enough space between his or her vehicle and the vehicle in front, this could lead to a collision. Georgia law prohibits following more closely than is reasonable and prudent (O.C.G.A. § 40-6-49).
- Distracted driving — Cellphones, eating food, listening to music too loudly and engaging in discussions with passengers can all lead to distracted driving which can cause a rear-end accident.
- Driving under the influence — Drug and alcohol consumption alter a driver’s behavior that can lead to judgment and decision impairments that can result in an accident.
- Sudden acceleration — Any abrupt change in speeds can lead to a collision when the driver is not paying attention.
When the Driver Who Gets Rear-Ended is at Fault
If the following situations occur, the person in front rather than the one that collides from behind could be found at fault:
- Slamming on the brakes when there is no reason (O.C.G.A. § 40-6-123(c))
- Suddenly driving the car in reverse (O.C.G.A. § 40-6-240)
- The driver continues on the road with a flat tire and does not pull over or use hazard lights to indicate the problem
- The failure to repair brake lights (O.C.G.A. § 40-8-25)
Comparative Negligence in Georgia
In Georgia, modified comparative negligence applies (O.C.G.A. § 51-12-33). If you are less than 50 percent responsible for the accident, your damages are reduced by your percentage of fault. At 50 percent or more, you recover nothing.
For example, if a jury finds that the plaintiff was 20 percent at fault and the plaintiff sustained $100,000 in damages, his or her award would be reduced by $20,000, to $80,000. Insurers apply the same arithmetic in settlement talks.
Speak to a Skilled Lawyer for Help with Your Claim Today
After a rear-end collision harms you or a loved one, we at Roden Law can assist you with the claim. We can explain the factors involved in determining liability and can pursue compensation on your behalf. Our legal team will investigate your situation, gather evidence that supports your claim and pursue just compensation for the damages you endured. This requires a review of medical documentation, checking insurance coverage and contacting the insurance carrier. In Georgia, an injury lawsuit generally must be filed within two years of the crash (O.C.G.A. § 9-3-33); property-damage claims have four years (O.C.G.A. § 9-3-31).
We work on a contingency fee basis. Fees and costs apply only upon successful recovery. No fees or costs with no recovery. Contact us today for a free consultation.
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