Virtually every car accident takes place because one driver, in particular, failed to follow the law. One of Georgia’s many traffic laws explains that following too closely is not permissible under any circumstances. That does not mean that every rear-end collision is the rear car’s fault though. An Atlanta car accident lawyer can help you defend yourself if the crash was unavoidable and you hit a person from behind.
Negligence as A Concept
In theory, negligence would apply to anyone who was breaking the law or not taking proper safety precautions. Unfortunately, negligence has become so intertwined with fault that it seems to only apply to the person in the rear of the crash.
When looking at negligence objectively, you can see that conduct goes far beyond standard care. For example, if the person in front of you intentionally slammed on their brakes while traveling at high speed, why should you be negligent or at-fault?
These scenarios can change often, and usually, a partial amount of fault will go to the rear driver even if it is unwarranted. However, you can argue that you’re not at fault and that the proper negligence in the claim goes to the other driver. Proving that a driver has overlooked or carelessly handled their duty of care is different in each case.
Factoring in negligence as it pertains to rear-end crashes, you should consider these aspects carefully:
- The driver’s ability to maintain control of their vehicle
- Drivers who failed to yield to the right of way
- Drivers who failed to use turn signals properly
- Drivers who drove at unreasonable or unsafe speeds
The biggest factor here is speeding as most of these crashes are the result of high-speeds and following closely. Georgia law states that drivers cannot follow a vehicle more closely that is prudent or reasonable. This law also takes into consideration the conditions of the road and speed of both vehicles.
It is quite possible that you were following at a reasonable distance and still did not have time to stop because of the force in which someone applied their brakes.
An Atlanta Car Carsh Lawyer Provides Help
Fighting insurance companies on fault determination are challenging at the best of times. But when you’re up against a high-powered team that believes without a doubt that you were at fault, it’s even harder.
Rear-end collisions are so commonly the rear-drivers fault that many of these cases go through a scant investigation. During the investigation, it’s more of a confirmation that someone hit someone else from behind. Then they call it a closed case and move on to the next claim. That’s not fair to you, and it’s certainly not what you pay your insurance company for when a crash does happen.
Sometimes because of these situations, the only solution may be to accept partial fault. If you were pushed into the car from another driver, then you will have another open claim. Additionally, if another driver intervened and caused the accident, then you will have to wait for that claim to process through for a determination.
The issues with these claims are that insurance companies, judges, and juries will often see the rear-driver is fully responsible. Regardless of any additional circumstances at play. However, people’ cut-off’ other drivers, or intentionally plan out car accidents will rely on this commonplace assumption of fault to make money. Insurance companies do little to protect their drivers in the event of a scam or setup crash.
In many cases, an Atlanta car crash lawyer is your only chance at seeing any amount of compensation. Considering that you suffered both injuries and property damage as well, you need someone to fight for your version of events.
Contact an Atlanta Car Crash Lawyer Now
When looking for proper representation, choose The Weinstein Firm, and get guidance on how to proceed with your claim. An accident that involves a rear-end collision can be difficult to fight. But with an experienced and skillful attorney by your side, you’ll have a good chance. Additionally, you’ll want a lawyer who will take your crash case all the way to a courtroom if necessary.
These crashes will often try to downplay the victim’s injuries and even place blame on them. Don’t let someone find you at fault because you were unable to stop immediately. Georgia gives little room in their law for extenuating circumstances regarding auto collisions. Hire someone who knows Atlanta laws best and can help you understand your options for full compensation.