When a rear-end accident happens, it is often assumed that the driver behind is automatically at fault. Determining fault requires assessing all the evidence in the case. The driver behind is not always at fault in a rear-end collision, and there could be cases in which the front driver is to blame.
Keep reading below to learn more about how to identify the at-fault driver in a rear-end accident.
Who Is At Fault for a Rear-End Accident in Savannah?
When you drive a car, you have a legal duty to operate your vehicle in a safe and responsible manner. This includes the duty to maintain a safe distance between your vehicle and others on the road. This is why the driver behind is commonly at fault for rear-end collisions. However, this is not always the case.
While the rear vehicle driver is commonly to blame, there are other factors to consider. Experts might sometimes be needed to determine exactly what caused the accident. Many times, fault depends on which driver was negligent in their driving duties. If one driver’s negligence caused the accident, they will face liability for the resulting damages.
Common Causes of Rear-End Crashes in Savannah, GA
Typically, a rear-end accident occurs when the rear vehicle cannot stop in time and hits the back of the vehicle in front of it. Many of these accidents are the result of carelessness or negligence.
Some of the most common causes of rear-end crashes include:
- Tailgating
- Speeding
- Reckless driving
- Wet or slippery roads
- Distracted driving
- Not adjusting speed for poor weather conditions
- Poor visibility
- Equipment failure or malfunction
- Drug or alcohol use
- Sudden lane changes
All drivers have a duty to maintain a safe following distance, allowing them sufficient space to stop safely even if the car ahead abruptly brakes. While the general recommendation is to leave three seconds of space between your vehicle and the vehicle in front, you should increase this distance in heavy traffic, poor weather conditions, or other dangerous situations.
When Is the Driver in Front At Fault for an Accident in Savannah?
While the driver behind is often at fault for a rear-end accident, this is not always the case. The driver in front might be to blame in some situations. For example, if the driver in front suddenly reverses and hits the car behind them, they would be at fault for the accident.
Some other situations in which the driver in front might face liability include:
- Making sudden maneuvers, such as swerving or reversing
- Operating a vehicle with faulty equipment, such as a vehicle with no tail lights or brake lights
- Creating driving hazards, such as failing to pull over or turn on their flashers after experiencing a flat tire
When determining fault for a rear-end accident, you must evaluate all the circumstances of the accident. Proving negligence and establishing fault in these accidents can sometimes be tricky.
Can Both Drivers Be At Fault for an Accident in Georgia?
Yes, there could be situations in which both drivers share some of the blame. For instance, imagine if the car in front had no working brake lights, but the driver of the rear vehicle was traveling well above the speed limit. Both of these drivers were negligent, and Georgia’s modified comparative negligence rule would apply in this case.
In these situations, a portion of the fault would be assigned to each party. An injured victim may only recover compensation if their portion of the fault was less than 50%. Additionally, their recovery would be reduced by their portion of the fault.
Contact Bowen Painter Injury Lawyers for a Free Consultation With a Savannah Car Accident Lawyer
If you were injured in a rear-end accident in Savannah, GA, determining fault can be more complex than it first appears. lease contact our experienced Savannah personal injury lawyer at Bowen Painter Injury Lawyers to schedule a free initial consultation today. We have a convenient location in Savannah, GA.
We proudly serve Chatham County, Georgia, and its surrounding areas.
Bowen Painter Injury Lawyers
308 Commercial Drive, Suite 100, Savannah, GA 31406
(912) 335-1909
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Our firm is located near you. We have an office in Savannah
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About The Author
Attorney Andrew Bowen is a founding partner of Bowen Painter Injury Lawyers based in Savannah, GA. He earned his law degree from Mercer University’s Walter F. George School of Law in 1998, after completing his undergraduate studies at Washington and Lee University. Licensed to practice in Georgia, Florida, and South Carolina, Andrew is also admitted to the federal courts in Georgia and South Carolina, the Court of Federal Claims in Washington, D.C., the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court. With over 25 years of legal experience focusing exclusively on personal injury and wrongful death cases since 2001, ranging from medical malpractice and automobile wrecks to commercial truck and motorcycle accidents. Andrew has established himself as a formidable advocate attorney in the Georgia community; his dedication to personally overseeing each case ensures that clients receive individualized attention and aggressive representation. Click here to view some of the exceptional case results Andrew has helped secure on behalf of injured clients.
Location: Savannah, GA
