Georgia Rear-End Accident Lawyers
You already know there is no “typical” rear-end accident. Whether you went straight to the emergency room, or you went the next day, you or your family are in pain and you have questions:
- How do we pay for medical care after an accident?
- How to get the car repaired?
- Can I recover lost pay?
The Millar Law Firm has the answers.
Call today and- we will give you a free head-start on your claim.
Who is responsible to pay for my injuries?
In Georgia all drivers are expected to have automobile insurance. If the driver who rear-ended you does not have insurance, the insurance company for the owner of the car (if not owned by the driver) may be responsible, or if you have uninsured or underinsured motorist coverage you may be entitled to recover money for your injuries, medical bills and lost pay from your own insurance company.
What if I do not have collision coverage or medical insurance?
The at-fault driver (usually his or her insurance company) is responsible for the damage or total-loss to your vehicle. That driver and insurance company is also ultimately responsible to pay for your medical care — although they usually will not do so at the beginning of your case. If you are having difficulty getting medical care for your injuries, call us. We have sound legal advice and many resources available that may help you get the medical care you need.
How are Rear-End Accidents Different? Neck, Back, Arm and Leg Injuries
Unlike some other types of motor vehicle accidents, even low-speed rear-end collisions can cause severe injuries to the neck, back, arms and legs. These injuries occur due to the violent forces that throw your car forward and back, resulting in injuries that include:
- Soft tissue injury of the cervical spine, also known as whiplash
- Soft tissue injury of the lumbar spine
- Spinal cord injury
- Carpal tunnel injury due to the driver bracing for the impact he or she sees coming in the rear-view mirror;
- Ankle and knee injuries, which can happen when the legs are flexed in anticipation of impact
- Facial and head injury caused by airbag deployment
Distracted Driving and other common causes of rear-end crashes
Distracted driving is a common reason for rear-end accidents. Some types of distractions behind the wheel include:
- Text messaging
- Following too closely
- Talking on a cell phone
- Eating or drinking
- Driving too fast for conditions
- Adjusting the radio, GPS, or other device
- Driving while putting on makeup
Besides distracted driving habits, there are other factors that can contribute to a rear-end crash. These include:
- Speeding – Driving too fast causes an inability to stop and many rear-end collisions.
- Tailgating – Failure to keep a safe distance decreases reaction time and increases the chance of a collision.
- Driving under the influence of drugs or alcohol – impaired driver have reduced perception and reaction time.
- Swerving or cutting off others – fast lane changes or cutting off other vehicles, ie., aggressive driving causes many wrecks.
- Adverse Weather – Bad weather may limit visibility and make the road slippery, requiring greater following distances.
Legal Information for Georgia Rear-End Accident Cases
Georgia Law: Following Too Closely
In the State of Georgia, a driver violates the law when he or she follows another motor vehicle at a distance that is more close than is reasonable and prudent under the conditions, which include the speed of the vehicles and surrounding traffic and the condition of the road. O.C.G.A. 40-6-49(a)(2010).
Overtaking, Passing and Leaving Space
It is the law in Georgia that you must leave enough space so that an overtaking (passing) vehicle can enter your lane without danger. O.C.G.A. 40-6-49(b)(2010)
Legal Definition: “Following” includes “approaching”
A vehicle approaching another vehicle from the rear, when that motorist has slowed or is stopped is considered “following” under Georgia law. This means that a driver who runs into the rear-end of a motor vehicle that is slowing down or is stopped may be cited for following too closely. O.C.G.A. 40-6-49(a) and (c).
Georgia law defines “roadway” as the part of a highway used for travel, excluding the shoulder. O.C.G.A. 40-1-1(35). A driver who follows at an unsafe distance on any roadway may be guilty of following too closely.