Every year, a number of people are hurt in rear-end collisions across the state of Georgia and throughout the United States. These accidents most often occur when the lead vehicle is hit by the following car from behind. The knowledgeable car crash lawyer at Miller Legal Services has represented countless individuals throughout Marietta and the surrounding communities. Our firm has the experience and skill necessary to protect your rights and seek the compensation you deserve. We will try to secure an advantageous settlement for you, and we are not afraid to fight for you in court if necessary.Causes of Rear-End Collisions
There are a variety of factors that can contribute to a rear-end crash. Some of the most common examples include:
- Following too closely;
- Driving under the influence of alcohol or drugs;
- Driving while distracted, such as while eating or using a cell phone;
- Failing to pay proper attention when changing lanes;
- Disregarding weather conditions; or
- Failing to obey traffic laws.
In many cases, the collision is the fault of the trailing driver, but sometimes the leading driver may be at least partly responsible because he or she suddenly stopped without warning or made an unsafe lane change.Take Legal Action to Seek Compensation from a Negligent Motorist
If you have suffered injuries in a rear-end accident that was partly caused by someone else’s carelessness, you may be able to file a negligence claim against that person. The defendant is usually another driver. Negligence is defined as the failure to take reasonable care when undertaking a particular action. In other words, a person can be held legally liable for failing to act as a typically prudent person would have behaved in the same or similar circumstances.
It is generally presumed that every individual has a duty to operate a vehicle with reasonable care. There are three additional elements to establish in order to succeed on a negligence claim:
- The defendant breached this duty by falling short of the reasonable-person standard;
- The defendant’s careless conduct was the direct cause of the rear-end collision; and
- The victim suffered quantifiable damages as a result.
To show that the defendant’s negligence resulted in a crash, the injured person must prove that the accident would not have happened if the defendant had used reasonable care and that it was a foreseeable result of the defendant’s breach. There are countless ways to violate the duty of care, such as by violating any law or traffic rule.
Georgia laws allow victims and family members hurt in rear-end collisions to recover compensation for their injuries. The size of the award will depend on the nature and extent of the harm, but it often includes monetary compensation for lost income and benefits, lost earning capacity, medical bills, pain and suffering, and property damage to a vehicle. If your loved one has been killed in a rear-end collision, you may be eligible to file a wrongful death claim and pursue damages such as medical expenses prior to the death, funeral costs, loss of consortium or support, and more.
Each state has a set time window within which legal action can be taken, known as the statute of limitations. Failure to take action before this period expires could mean you lose your right to seek compensation altogether.Protect Your Rights Near Marietta by Enlisting an Auto Accident Lawyer
At Miller Legal Services, our auto accident attorney will zealously fight to seek the compensation you deserve. With years of experience in the Marietta area, we have the skills it takes to assert your rights. If you’ve been hurt in a rear-end collision, you should talk to an experienced personal injury lawyer who can help you assess your options. We represent clients from Roswell, Smyrna, and throughout Georgia. For more information, give us a call at 770-284-3727 or contact us online for a free consultation.