According to the Georgia Department of Public Health, auto crashes are the leading cause of injury fatalities in the state. It’s also the second leading cause of emergency room visits and hospitalization in Georgia. So, it’s not surprising that Atlanta car wreck lawyers never seem to lack motor vehicle accident claims to handle. A significant number of such cases involve a rear-end accident.
A rear-end accident happens when a vehicle crashes into another in front of it when traveling in the same direction. While many rear-end collisions are fender benders, severe cases are among the most dangerous types of auto crashes. Common injuries from this type of accident include traumatic brain injuries, spinal cord damage, broken bones, whiplash, etc. Sometimes, the victims don’t survive.
Many rear-end collisions are due to reckless driving behaviors like tailgating, distracted driving, and drunk driving. So, as an injured person, you can decide to pursue compensation against the negligent driver. However, your claim worth will depend on the numerous factors discussed in this article.
How Will I Recover Damages for My Rear-End Accident in Atlanta?
Georgia’s personal injury law protects innocent injured victims in car accidents from financial losses. To this end, you can get monetary benefits from the at-fault party to cover your injuries and damaged property. Georgia makes this possible by mandating every driver to carry auto liability insurance.
So, to receive your damages, you must file a claim against the responsible driver’s auto insurance company. If you’re confused about how to go about this process, an Atlanta traffic accident lawyer can help.
You can also help your case by doing the following immediately after the crash:
- Remain calm and ensure that you’re not in the way of traffic. Then, move to a safe location, but never leave the crash site.
- Dial 911 to alert emergency responders and law enforcement agencies to the rear-end accident. This will ensure that you get fast treatment for your injuries and evidence in the form of medical/police reports.
- Exchange contact information with the other drivers in the crash. You may need to contact them later.
- Speak with eyewitnesses and record their testimonies.
- Take as many accident scene photos as you can.
Atlanta Car Wreck Lawyers Explain What Factors Affect a Rear-End Accident Claim’s Worth
You can not determine your case’s worth with 100% accuracy. That’s because there’s no specific amount for personal injury cases in Georgia. Just as no two accident claims are the same, the factors affecting your settlement sums are different too.
However, your car collision lawyer can access your case’s specifics and come up with a close estimate based on:
The Severity of the Accident
A rear-end accident can be minor or significant. In a minor car accident, there’s typically minimal property damage and insignificant injuries.
However, major auto crashes involve severe injuries, fatalities, and significant car damage. In some cases, your vehicle may be regarded as a total loss. Therefore, the more serious your rear-end accident is, the more likely you will receive high compensation.
The Severity of Your Injuries
The type of injury to sustain in your car crash can determine your damages. For example, a spinal cord injury leading to paralysis is more severe than a scratch. Another factor that determines your injury’s severity is the recovery time frame. Insurance companies will consider how catastrophic your injuries are in deciding your case’s worth.
The Other Driver’s Degree of Fault
Many times, the motorist at the rear is 100% at fault for your injuries. In such cases, you can expect maximum damages. However, sometimes, you may share liability for your auto crash if you also engaged in reckless driving behaviors. If that’s the case, Georgia’s modified comparative fault rule will apply.
According to the rule, at-fault drivers will share liability according to their degree of fault in the accident. So, if you were 20% at fault for the crash, your compensation will reduce by 20%. However, if your fault is 50% or above, you’ll lose the right to pursue damages.
You can’t recover compensation that is above the fault driver’s insurance policy. For example, in Georgia, motorists must maintain an auto liability insurance policy of at least $25,000. If the at-fault driver has the minimum coverage, you won’t recover more than $25,000.
That’s regardless of how severe your accident is. In such cases, you can recover more compensation by claiming under your underinsured motorist coverage policy.
How Much You Can Prove
Evidence is an essential part of your rear-end accident case, and you will only receive damages that you can prove. So, the more losses you can show that you suffered, the higher your chances of maximum compensation.
Types of Compensation in an Atlanta Personal Injury Case
These types of damages will amount to a fair settlement in your rear-end accident claim or lawsuit:
A significant part of your compensation will include expenses for your medical treatment. This may include rehabilitation, doctor’s visits, physical therapy, surgeries, medications, etc.
Loss of Income
You likely missed work while recovering from your accident injuries. This means that you may have lost some wages too. Your settlement will typically include such lost income and future lost wages.
Property Repairs and Replacements
You may need to carry out significant repairs on your vehicle after the crash. In other cases, repairs wouldn’t do, and you may need to replace it. Your settlement should cover the expenses.
This refers to compensation for the emotional and psychological effects of the collision. Also called emotional damages, intangible losses include pain and suffering, loss of quality of life, loss of consortium, etc.
Punitive damages are only available in a lawsuit. This punishes the defendant for their gross misbehavior and warns others against performing similar actions.
Reach Out to Qualified Atlanta Car Wreck Lawyers Immediately!
More than just filing an auto crash claim, it’s essential to know the compensation amounts to expect from the get-go. This will help you determine whether pursuing a personal injury claim would be worth the effort and time.
While damages depend on several factors, an experienced rear-end accident lawyer will give you accurate estimates. If you have a high chance of maximum compensation, we’ll ensure that you get nothing less than your case’s worth.
At The Weinstein Firm, our primary goal is to offer you personalized legal routes to achieving speedy justice. We’ll not relent until you get the utmost satisfaction. If you have any questions or concerns, please give us a call anytime 24/7! Our qualified personal injury attorneys in Atlanta are ready to help you.