A rear end car accident is one of the most common types of accidents on the road. They usually happen in traffic or when the cars are approaching a traffic light. Thankfully, most of these accidents don’t cause serious injuries. In most of these cases, the cars aren’t going too fast at the time of impact. Ask anyone, and they’ll tell you if you are at Fault if You Hit Someone from Behind. And this is the general rule. However, there are times when the rear driver isn’t at fault. They’re few and far between, but they do exist.
If you’re the rear driver in an accident, you’ll probably have to prove that you’re not at fault. The assumption will be that you caused the accident. You’ll need to call an Atlanta car accident attorney right away.
Why is the Rear Driver Presumed to Be at Fault?
The main reason the rear driver is usually presumed to be at fault is that he has the last chance to avoid the accident. If you’re approaching a car from behind, you really should be able to gauge when to slow down to avoid a collision.
Usually, it’s pretty easy to prove that the rear driver is at fault. The court will look at some of the following:
- Was the front driver stopped at the time of the accident?
- How fast was the rear driver going at the time of the collision?
- Was the rear driver tailgating?
- Did the rear driver brake in time?
Your lawyer will look at these things when he reviews your case. He’ll do his best to prove that you were not at fault.
Although the rear driver is usually at fault in a rear-end car accident, it doesn’t mean there aren’t exceptions to this rule. A good Georgia car accident lawyer will be able to prove these exceptions.
How Can an Atlanta Car Accident Lawyer Prove You Weren’t at Fault?
Like we said before, there are times when the rear driver is not at fault. There are things that the front driver can do that makes him liable for the car accident. The general rule still applies – the rear driver does usually have the last chance to avoid the accident. However, if your Atlanta car accident lawyer can show that there was nothing you could do to avoid the rear-end car accident, you won’t be held liable for the plaintiff’s damages.
Most of the time, you’re able to safely stop in traffic and at traffic signals. If everyone does what they’re supposed to do, this isn’t all that difficult. However, there are things that can make this impossible. Here are some of the ways your Atlanta car accident lawyer can show that you were not at fault:
- The front driver’s brake lights were out
- The front driver slammed on his brakes
- Front driver merged in front of you at the last minute
- Someone hits you from behind and drives you into the car ahead of you
- You had a mechanical failure
If any of these exist, your lawyer will rely on the facts to prove that you aren’t liable for the accident.
Contact a Georgia Car Accident Lawyer Today
If you’ve been involved in a rear-end car accident, you need to contact a Georgia car accident lawyer today. If you were the rear driver, you’re going to face an uphill battle. Like it or not, you’re going to be presumed to have caused the accident.
Even if your lawyer can’t prove that the front driver was totally at fault, he can push the issue of comparative negligence. In Georgia, if someone is more than 50% at fault, they cannot pursue a claim for damages against the other driver. And, if you are partly at fault, your recovery will be reduced by your percentage of fault.
For example, if you hit someone from behind, you may be deemed at fault. But, if you can prove that the front driver’s brake lights weren’t working, he will be held partially at fault. If this was the main reason for the accident, the other driver may be found to be more than 50% at fault. If this is the case, you won’t be found liable for damages.
A credible Georgia injury firm knows how to prove these things. He has spent years handling cases just like yours. He’ll fight hard to get you the justice you deserve. Call today and schedule your initial consultation.
