According to the Insurance Information Institute (III), rear-end accidents caused 2,248 deaths and represented 6.8 percent of fatal auto accidents nationwide in 2020. If you were injured in a rear-end accident caused by someone else, you are likely entitled to compensation. You should contact an attorney as soon as possible so they can start building your case.
The personal injury lawyers at Butler Kahn are proud to provide compassionate legal representation to injury victims throughout Georgia. We are ready to evaluate and handle your case too. Contact us today for a free consultation.
Butler Kahn is a Roswell personal injury law firm that represents people seriously hurt in rear-end collisions. If you or a loved one suffered injuries from a rear-end crash on GA 400, Holcomb Bridge Road, or anywhere in North Fulton County, our attorneys can help you pursue full compensation for medical bills, lost wages, and pain and suffering. We take fewer cases on purpose so we can do deeper work on each one. Contact Butler Kahn at (770) 766-1056 for a free consultation.
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Common Injuries Sustained in Rear-End Collisions
Rear-end accidents frequently cause serious injuries because occupants often have no warning before impact. The sudden jolt forces the head and neck backward and forward violently, which is why whiplash injuries are so common in these crashes. Depending on the speed, vehicle size, and seating position, rear-end collisions in Roswell and throughout Georgia can result in:
Head and neck injuries, including whiplash and cervical spine damage
Facial and dental injuries from striking the steering wheel or dashboard
Many rear-end collision injuries do not appear immediately. Symptoms of whiplash, brain injuries, and internal bleeding can take hours or even days to manifest. This is why it is critical to seek medical attention promptly after any rear-end accident, even if you feel fine initially.
How Do I Prove Liability in a Rear-End Accident?
To recover compensation through an auto accident lawsuit, injury victims must normally prove that the other driver caused the accident by their “negligence.” This simply refers to the idea that we all owe each other a duty to use reasonable care to avoid causing harm to others. Injuries caused by a failure to uphold this duty result in liability.
Rear-end collision cases are no different. Many people assume that the driver in the following vehicle is always at fault in the event of a rear-end collision. After all, they had the advantage of seeing everything in front of them, right?
Even so, though drivers in the rear often are responsible for rear-end collisions, they are not always. Georgia follows a modified comparative fault system, which means the injured person’s own negligence can reduce their recovery. Injured parties must still prove negligence by a preponderance of the evidence. Important evidence in your auto accident lawsuit may include:
Official police accident reports
Photos and videos from the accident scene
Surveillance footage of the collision
Blood-alcohol test results
Statements from eyewitnesses
Reconstructions of the accident by reliable experts
Medical treatment and billing records
Vehicle “black box” event data recorder information
Cell phone records showing distracted driving
That said, it is worth mentioning that in cases where a violation of a law caused the accident, parties injured as a result may face a lower evidentiary burden. This is because failure to comply with governing law is sometimes considered automatic evidence of negligence. For example, Georgia’s tailgating law (O.C.G.A. § 40-6-49) provides as follows:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
If a violation of this law leads to a rear-end accident, the defendant may be on the hook. However, they do get an opportunity to rebut by showing that they had a good excuse for their violation. If they fail to do so, they may be held liable.
What Compensation Is Available for a Rear-End Accident?
If you were hurt in a rear-end accident and someone else is to blame, you could be entitled to a wide range of monetary compensation for your injuries. The injury attorneys at Butler Kahn can help you seek compensation for:
Medical expenses associated with the treatment of your injuries, including surgeries, hospital stays, physical therapy, and medications
Incidental costs, such as the costs of travel to medical appointments
Lost wages from any time you missed at work due to your injuries
Projected losses in future earning potential if your injuries cause long-term disability
Subjective losses, such as injury-related pain, suffering, and lowered quality of life
Loss of consortium if the injuries affect your relationship with your spouse
Loss of a loved one if the accident was fatal, as well as funeral and burial expenses
Property lost or damaged due to the accident
In cases involving egregious conduct such as drunk driving or extreme recklessness, you may also be entitled to punitive damages designed to punish the wrongdoer. Our Georgia car damage manual provides additional detail on how vehicle damage claims work after a collision.
What Should I Do After a Rear-End Collision?
Depending on the severity of the collision, the aftermath of a rear-end accident can be stressful, overwhelming, and perhaps even terrifying. Try your best to remain calm and collected. This will allow you to regain some control over the situation, as well as protect yourself, your passengers, and your right to compensation. Our complete guide on what to do after a car accident covers these steps in detail, but here is a summary:
Report the accident. Police will be dispatched to the scene to assist and prepare an official accident report. This report will turn into important evidence in your case. If necessary, EMS will also be sent to the crash site to provide medical assistance.
Gather evidence at the scene. Use your phone to collect photos and videos of your injuries, damaged vehicles, road/weather conditions, and any other evidence that may shed light on the accident. Do not forget to take a picture of any nearby surveillance equipment in case it captured the accident.
Talk to other drivers in the crash. Be sure to collect their names, contact information, driver’s license numbers, license plate numbers, vehicle identification numbers, insurer names, and insurance policy numbers.
Talk to witnesses. Collect their names and contact information as well.
Always seek medical attention. In addition to treating your injuries, your medical providers will create detailed records that will later be used to evaluate your losses and calculate your compensation.
Create a “pain journal.” Documenting your daily pain/discomfort and the physical limitations you experience in your daily life due to the crash will give your attorney ammunition when negotiating with insurers and arguing in court.
Be cautious on social media. Do not post about your accident and injuries. At-fault parties and their insurers often mine social media for anything they can use to undermine your case.
Be cautious with adverse parties. Watch what you say to the other driver, insurance adjusters, and other unfriendly parties. Anything you say can later be used against you. When speaking to insurers before contacting an attorney, do not admit fault, give recorded statements, provide a medical record release, or accept any settlement offers.
Hire an attorney. This is the best way to ensure that you know your rights and options. Your attorney will make sure you are not taken advantage of by the at-fault party and their insurers. Learn more about how insurance companies handle injury claims.
Is There a Deadline for Filing a Rear-End Accident Lawsuit?
Yes. Georgia law gives you just two years from the date of the accident (O.C.G.A. § 9-3-33) to file a lawsuit seeking compensation from the at-fault party. If you miss the deadline, your case will most likely be dismissed in court, effectively eliminating your right to seek compensation for your losses.
Complying with the two-year deadline is important even if you do not ultimately file a lawsuit, as the mere threat of a lawsuit is the main source of your bargaining power during out-of-court settlement negotiations. If you no longer wield this threat, you will be forced to accept whatever settlement offer the at-fault party or their insurer offers you within legal limits.
Certain exceptions may extend or shorten this deadline. For example, claims against government entities often have shorter notice requirements, and cases involving minors may have extended deadlines. Consult with a Roswell car accident attorney as soon as possible to ensure you protect your rights.
Why Choose Butler Kahn for Your Roswell Rear-End Accident Case?
Butler Kahn is a selective, trial-focused personal injury law firm that handles serious rear-end collision cases in Roswell and throughout Georgia. We are different from high-volume law firms that treat cases like numbers on a spreadsheet. Here is what sets us apart:
We focus on serious injuries. We handle significant personal injury and wrongful death cases, not minor fender-benders. This allows us to dedicate substantial resources to each case.
We take fewer cases on purpose. By limiting our caseload, we can do deeper work on each case and give you the attention you deserve.
We prepare every case as if it’s going to trial. Insurance companies know which lawyers actually try cases and which ones do not. Our trial-ready approach often leads to better settlement offers.
We have a proven track record. We have obtained significant verdicts and settlements for clients hurt in car accidents across Georgia. View our case results for examples.
We have a local office in Roswell. Our Canton Street office makes it easy for North Fulton residents to meet with us in person.
Areas We Serve in North Fulton County
Butler Kahn represents clients injured in rear-end collisions throughout the Roswell area and North Fulton County, including:
Roswell neighborhoods: Historic Roswell, Canton Street district, Horseshoe Bend, Edenwilde, Willow Springs, Martin’s Landing, Huntcliff, and Riverside
Nearby cities: Alpharetta, Johns Creek, Sandy Springs, Milton, Mountain Park, and Dunwoody
Major roadways: GA 400, Holcomb Bridge Road, Alpharetta Highway (SR 9), Old Alabama Road, Mansell Road, and Crossville Road
High-traffic areas: North Point Mall area, Roswell Town Center, Avalon, and the GA 400/Holcomb Bridge Road interchange
Whether your rear-end accident occurred near Big Creek Greenway, along Canton Street, or on GA 400 during rush hour, our Roswell attorneys are ready to help. We also handle rear-end collision cases in Atlanta, Lawrenceville, Jonesboro, and throughout Georgia.
Frequently Asked Questions About Rear-End Accidents in Roswell
Is the rear driver always at fault in a rear-end collision in Georgia?
No, the rear driver is not always at fault. While Georgia law requires drivers to maintain a safe following distance, the front driver can share or bear full responsibility in certain situations. For example, if the front driver suddenly reversed, had broken brake lights, or stopped abruptly for no legitimate reason, they may be partially or fully liable. Georgia’s modified comparative fault rule means your compensation may be reduced if you are found partially at fault.
What should I do if the other driver’s insurance company contacts me after a rear-end accident?
Be cautious. Insurance adjusters may seem friendly, but their goal is to minimize the company’s payout. Do not give recorded statements, sign medical releases, or accept settlement offers without first consulting an attorney. Anything you say can be used to reduce or deny your claim. Politely decline to discuss details and contact a Roswell car accident lawyer.
How much is my Roswell rear-end accident case worth?
Every case is different. The value depends on factors including the severity of your injuries, your medical expenses, lost income, the impact on your daily life, and whether you share any fault. Cases involving permanent injuries, traumatic brain injuries, or spinal cord damage typically result in higher compensation. An experienced attorney can evaluate your specific situation.
Can I recover compensation if I was partially at fault for the rear-end collision?
Yes, but your recovery will be reduced. Under Georgia’s modified comparative fault law (O.C.G.A. § 51-12-33), you can recover damages as long as you are less than 50% at fault. However, your compensation will be reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything.
What if I didn’t feel hurt right after the rear-end accident?
Seek medical attention anyway. Many rear-end collision injuries, including whiplash, concussions, and internal bleeding, may not show symptoms immediately due to adrenaline and shock. Delayed symptoms are common and do not mean your injuries are less serious. Prompt medical documentation also strengthens your legal claim.
How long do I have to file a rear-end accident lawsuit in Georgia?
You generally have two years from the date of the accident to file a personal injury lawsuit under O.C.G.A. § 9-3-33. For wrongful death claims, the statute of limitations is also two years from the date of death. Missing this deadline typically bars you from recovering compensation, so contact an attorney promptly.
What if the rear driver who hit me was texting or using their phone?
Georgia’s hands-free law (O.C.G.A. § 40-6-241.2) prohibits drivers from holding or supporting a phone while driving. If the driver who hit you was texting or using a handheld phone, this violation can serve as evidence of negligence. Cell phone records can be subpoenaed to prove distracted driving.
Should I accept the insurance company’s first settlement offer?
Usually not. Initial offers are often far below what your case is worth. Insurance companies make low offers hoping you will accept before understanding the full extent of your injuries and losses. An attorney can evaluate whether the offer fairly compensates you and negotiate for a better result.
What if I was rear-ended by an uninsured or underinsured driver?
You may still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage can provide compensation when the at-fault driver lacks adequate insurance. Georgia law requires insurers to offer UM/UIM coverage, though drivers can reject it in writing. Review your policy or consult an attorney to understand your coverage.
Can I sue if I was rear-ended in a rental car in Roswell?
Yes. Being in a rental car does not affect your right to pursue compensation from the at-fault driver. However, insurance coverage can be more complex, involving the rental company’s policy, your personal auto insurance, and potentially credit card coverage. An attorney can help navigate these multiple policies.
What evidence is most important in a Roswell rear-end collision case?
Key evidence includes the police report, photos and videos of the accident scene and vehicle damage, witness statements, medical records, and any surveillance footage. In modern vehicles, “black box” event data recorder (EDR) information can reveal speed, braking, and other critical data. Your attorney can help preserve and obtain this evidence.
Do I need a lawyer for a rear-end accident, or can I handle it myself?
For minor accidents with no injuries and clear liability, you might handle the claim yourself. However, if you suffered any injuries, face disputed liability, or the insurance company is being difficult, an attorney can significantly increase your recovery. We work on contingency, meaning there is no fee unless we win your case. Learn more about when you should hire a car accident lawyer.
What happens if I am rear-ended by a commercial truck in Roswell?
Commercial truck rear-end accidents often involve more severe injuries and complex liability. Multiple parties may be responsible, including the driver, trucking company, and cargo loaders. Federal regulations govern trucking operations, and trucks have additional data sources like ELD logs. These cases typically require experienced Roswell truck accident attorneys.
How long does a rear-end accident lawsuit take to resolve?
Timeframes vary significantly. Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving serious injuries, disputed fault, or multiple parties can take one to three years or longer. Factors include the time needed to reach maximum medical improvement, discovery, negotiations, and court scheduling.
What if my rear-end accident aggravated a pre-existing condition?
You can still recover compensation. Under Georgia’s “eggshell plaintiff” rule, defendants take victims as they find them. If the accident worsened a pre-existing back condition, for example, the at-fault driver is responsible for the aggravation. Medical records documenting your condition before and after the accident are crucial evidence.
Can I get a rental car while my vehicle is being repaired after a rear-end collision?
Yes. If another driver caused the accident, their liability insurance should cover reasonable rental car expenses while your vehicle is being repaired or until you receive a total loss payment. Document your rental expenses and keep them reasonable for your needs.
Contact a Roswell Rear-End Accident Lawyer
If you or a loved one has been hurt in a rear-end accident in Roswell or anywhere in North Fulton County, we hope you are receiving the medical care you need and are making a recovery. We hope the information on this page has been helpful. If you would like to talk with Butler Kahn about your situation, call us or contact us online. There is no charge to talk with us about your case, and there is no fee unless we win.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our office is located on Canton Street in the heart of Historic Roswell, near Big Creek Greenway and Roswell Area Park. Free parking is available. We serve clients throughout Fulton County, North Atlanta suburbs, and the greater metro area.
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