Savannah Rear-End Accident Attorney
Being involved in a car accident can be a scary and traumatic experience. If you or a loved one suffered an injury because of a car accident that was caused by someone else’s negligence or recklessness, it’s time to consider hiring a lawyer. When you hire the right attorney, they will be able to walk you through the steps of filing a lawsuit if you determine that’s the right option for you. If you were hit by another car in a rear-end accident, consult with our Savannah rear-end accident attorneys today for a free consultation. Contact us today at (912) 335-1909.
When Should I File My Rear-End Accident Claim?
In order to file a claim resulting from a car accident, you must make sure that you file the lawsuit on time. In Georgia, personal injury cases, including car accidents, usually need to be filed within two years of the accident. This can change depending on the victim’s age. If the injured party was a minor, the statute of limitations does not start until they turn 18 (or are emancipated through marriage). Once they turn 18, they have an additional two years to file the claim.
Who Is Responsible In a Georgia Rear-End Accident?
The general rule in Georgia, based on the State of Georgia’s Driving Manual, is that the driver who hits a car in front of them is presumed to be at fault for the accident because most rear-end accidents are a result of the second car following the first one too closely. Drivers must leave enough space between their vehicle and the one in front of them so they can stop safely if the driver in front suddenly brakes or stops their car.
While the general rule is that the second driver is responsible for rear-end accidents, there are some exceptions, including the following scenarios:
- If the driver who was rear-ended was driving a vehicle with a defect – for example, their brake lights were out, and cars couldn’t see that they were braking – then the front car may be at least partially liable
- If the driver of the car in front makes sudden maneuvers that others on the road wouldn’t expect, such as swerving or reversing, the car behind them may not be held liable for the accident
What If Both Drivers Are At Fault?
In Georgia, car accident cases and other personal injury cases are governed by the rule of modified comparative negligence. Under this rule, a person cannot recover any compensation for an accident if they were 50 percent or more responsible for the accident.
For example, driver A was rear-ended, but he was at least partially liable because his brake lights weren’t working, and he made a sudden, unexpected maneuver. Driver A rear-ended the car as a result, partially because he was driving too close to the vehicle in front of him. If the court determines that both drivers were equally at fault, neither party will be able to recover compensation.
If Driver A files a lawsuit and the court determines that they were 20 percent at fault, Driver A will be able to recover compensation in the amount of the award minus their percentage of fault. If the awarded compensation was $100,000, Driver A would recover 80 percent of that, or $80,000.
Find An Experienced Rear-End Accident Attorney in Savannah
Rear-end accidents can be scary and often result in serious injuries. If you or a loved one was in a car accident and you need legal representation, it’s a good idea to contact a lawyer right away. Our experienced Savannah car accident lawyers at Bowen Painter Trial Lawyers will help you fight for the compensation you deserve. Request your free consultation online or call us at (912) 335-1909.