How is fault established in a rear-end crash?

From minor to catastrophic crashes, car accidents happen throughout Georgia on a daily basis. One of the most common types of car crashes is rear-end collisions.

If you are involved in a rear-end collision, you might be entitled to financial restitution for the resulting economic and non-economic damages. However, you must prove that the other party was at fault and, thus, responsible for the accident.

But first, how do rear-end collisions happen?

Rear-end crashes are caused by a number of factors. Here are the leading ones:

Tailgating – Georgia law requires motorists to keep a reasonable distance between their vehicles. If a driver is following too closely, they might not have adequate room for maneuver in the event of an emergency leading to a rear-end crash.

Distractions – From eating to grooming, checking the GPS device and operating a cell phone, a driver can be distracted by a number of things. And these distractions make rear-end collisions extremely likely.

Drunk driving – alcohol impairs a driver’s judgment. Consequently, they might not drive safely.

Generally, situations that lead to rear-end collisions are very fact-specific.

Proving fault in a rear-end collision

All car accident claims boil down to the concept of fault. In Georgia, the legal doctrine used to determine fault is known as modified comparative negligence. Per this rule, you are only eligible for damages if your role in the rear-end collision is less than 50 percent. In other words, you will receive nothing if it is established that you bear a greater responsibility for the accident in question. This underpins the importance of gathering evidence and building a strong case against the defendant.

If you are injured in a rear-end collision that is not your fault,  you may be able to sell compensation for the resulting damages. However, you cannot simply claim someone hit you from behind. You must prove that they were at least 50 percent to blame for the crash.