The law assumes that when two cars come together in a rear-end collision the car in the rear is at-fault. Despite this, insurance companies can make the process of filing a claim and collecting damages difficult. They make their profit by denying claims and taking advantage of unrepresented individuals to convince them to drop their cases or take token settlements.
A Savannah rear-end car accident lawyer is here to prevent this from happening to you. An experienced attorney knows the effect that these collisions have on peoples’ lives and fight to obtain every dollar to which they are entitled.
Laws Regarding Rear-End Car Accidents
Every collision between two vehicles is someone’s fault. There is no such thing as a no-fault accident. Nowhere is this more clear than in a rear-end collision. With very few exceptions, the driver who hit the other motorist from behind will be at-fault. This means that they will be legally responsible for any damage they cause.
More specifically, the injured party may claim the at-fault driver was negligent. This is a legally recognized cause of action that allows people injured in accidents to hold the at-fault person legally liable. Negligence applies to rear-end accidents since all drivers assume a duty to protect all other people that they encounter on the road. This extends to other drivers, their passengers, and even pedestrians.
Individuals in these cases must demonstrate that the negligent driving of the defendant caused the accident. This can usually be accomplished through the examination of the police report they must file whenever there is a personal injury. That report should assign blame to one of the drivers in the accident. If the police issue a ticket to a driver, this is evidence they were negligent per se. This means that a court will then assume the defendant was negligent.
Statute of Limitations in Savannah Car Accident Cases
There is a strict time limit on when a plaintiff can file a case in court. This is the statute of limitations. If this time limit passes, and no one files a case, the court will not hear the case. Further, the defendant’s insurance company will refuse to negotiate a settlement, no matter how clear it is their driver was at fault. According to Georgia Code 9-3-33, all claims for personal injury must begin within two years of the date of the accident. A rear-end car accident lawyer in Savannah can assist a plaintiff with filing a claim within the statute of limitations.
At the center of any personal injury case, including car accident cases is a personal injury. Any negligence claim that does not claim a personal injury cannot move forward, no matter how mentally scarred the individual may be. The variety of injuries a person may suffer in a rear end collision is extensive. They include:
- Sprained joints, especially in the neck and back
- Broken bones
- Spinal cord injuries
Individuals who suffer injuries in these accidents can collect compensation for any medical costs associated with treating physical injuries. Also, they can claim damages for any emotional trauma or pain caused by the physical injuries.
Another major portion of the damages portion of the claim includes lost wages. People who miss time at work due to either a disability caused by the accident or the necessity to miss time for medical treatment can claim compensation for any lost earnings.
Contact a Savannah Rear-End Car Accident Attorney
Rear-end car accidents can result in serious injuries. Even at low speeds, these collisions can result in injuries that will require months of medical treatment. Injured people may also have to miss time at work or endure intense mental anguish.
A Savannah rear-end car accident attorney can work to obtain the compensation needed to make individuals whole following an accident. A lawyer can protect individuals from aggressive insurance companies to press their rights and obtain fair settlements. Contact an attorney today to see how they can help you.