Decatur Rear End Collision Lawyer

Decatur Rear End Collision Attorney

Car accidents happen every day throughout Georgia and are one of the leading causes of accidental injuries and deaths in the Decatur area each year. When these accidents happen, proving fault is an essential first step to recovery.

Rear-end collisions are some of the most common car accidents, and the fault is often assumed to be clear in these situations. However, a Decatur rear-end accident lawyer can be essential for success in your impending case.

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Representing Rear-End Collision Claims in Decatur, GA

The attorneys at Merritt & Merritt have years of experience helping clients throughout the Decatur area with all types of car accident claims, including those resulting from rear-end collisions.

As a general rule, the driver who hits another driver from behind is always at fault for a rear-end collision, but it is possible for any rear-end collision claim to raise difficult legal questions the victim cannot answer alone.

Our firm has successfully represented many injury claims for clients in the greater Decatur area and throughout the state, and we can apply this experience to your case. We can help prove fault for your recent rear-end collision and guide you through the auto insurance claim filing process.

When insurance alone can’t cover your damages, a Decatur rear-end collision lawyer can help build a comprehensive personal injury claim against the at-fault driver.

Proving Liability for a Rear-End Collision

All drivers have a duty of care to leave adequate space between their vehicle and the vehicle in front of them, ensuring they have enough time and space to slow down or stop as needed without hitting the driver in front of them.

A good rule for many drivers is to leave one car length of space for every 10 mph they are driving, so three car lengths at 30 mph, seven at 70 mph, and so on.

Whenever a driver hits another driver from behind, the rear driver is almost always considered at fault because they are expected to leave space to allow them to avoid a collision if necessary.

However, there are some possible situations in which leading drivers could face partial liability. For example, failing to fix broken brake lights or very suddenly braking without a good reason could cause the leading driver to face shared fault for a resulting rear-end collision.

The state follows a modified comparative fault rule that applies to any civil case in which multiple parties share fault for the damages. When a plaintiff is found partially at fault, they can still recover damages as long as they are less than 50% at fault. Their fault percentage is taken as a penalty from their final case award, so 10% fault would mean they would lose 10% of the award.

If a plaintiff is 50% or more at fault, they cannot claim compensation from any other liable party and will be personally responsible for their own damages. It’s relatively common for an at-fault driver in a rear-end collision case to assert that the driver in front was comparatively negligent, and your Decatur rear-end collision lawyer can help disprove any such allegations and preserve your final case award.

Recovering From Your Rear-End Collision in Decatur

It’s natural to have many questions about your impending case, such as how you can prove fault and how much compensation you can reasonably expect to receive from the at-fault driver.

When you have an experienced Decatur rear-end collision attorney representing your case, they can help gather the evidence needed to prove fault and to prove the full extent of the damages you can seek from the defendant who caused your accident.

The first option you are likely to have for recovering from your accident is to file an auto insurance claim against the at-fault driver. Every driver in the state is required to have auto insurance that includes liability coverage for property damage and bodily injury they cause to another driver in an accident.

You have a limited time in which to file your auto insurance claim, and your attorney can help streamline the claim filing process.

Once you recover as much compensation as the at-fault driver’s auto insurance policy allows, you can proceed with claiming compensation for any remaining losses with a personal injury suit. Under Georgia’s personal injury statutes, the plaintiff has the right to seek compensation for:

• Medical expenses: The at-fault driver is responsible for all the medical care you need to fully recover from your accident. This includes future medical treatment costs for severe injuries. Rear-end collisions can potentially cause soft tissue injuries like whiplash, back injuries, traumatic brain injuries, and other harm that may require extensive medical care to correct.
• Lost income: The defendant is liable for any income you are unable to earn because of the accident they caused. This may include lost wages during your recovery as well as the future income you are no longer able to earn if you were permanently disabled from the accident.
• Property damage: You can seek compensation for any property losses not covered by the defendant’s insurance, such as vehicle repair costs and the loss of any personal property inside of your vehicle.
• Pain and suffering: Georgia law allows a personal injury plaintiff to recover as much compensation as they believe to be appropriate to reflect the severity of the physical pain and psychological distress the defendant caused. Your Decatur rear-end accident lawyer can help determine a suitable amount to include in your claim.

Ultimately, you may be eligible to recover more compensation than you may initially realize. The right attorney on your side can not only streamline your case proceedings and help you recover more quickly than you could have managed alone, but they may also help maximize your compensation beyond your expectations.

Merritt & Merritt has the professional experience and resources needed to help our clients reach a positive outcome in their impending rear-end collision cases. We have helped many past clients recover from all types of accidents and can leverage this experience for you.

Contact us today to schedule your free consultation with a Decatur rear-end accident lawyer and learn more about the legal services we offer.