But there are exceptions to this dominion that can affect your accident claim .
How Do Insurers Assign Fault in a Rear-End Collision?
When a car accident happens in Georgia, respective factors determine who receives a share of mistake. The traffic laws of the department of state are one such factor ; by and large, a driver who has violated the law bears liability for the collision. For example, if a driver runs a crimson light and strikes another vehicle that has the right of means, the red-light runner is at mistake .
In some accidents, people involved assume fault based on the circumstances of the crash. many rear-end collisions fall under this class. Generally, insurers and police officers assume the driver in back is at fault in a rear-end collision.
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That is because the huge majority of rear-end collisions occur for one of two reasons : following excessively closely or inattention to the road. Either the back driver was unable to stop in clock because his following distance was insufficient, or he was not paying conclude adequate attention to the road and failed to notice the vehicle in front of him stopping or slowing down .
not all rear-end collisions, however, are the fault of the driver in back. The stick to section describes a few exceptions to the rule .
When Is the Trailing Driver Not at Fault in a Rear-End Collision?
There are exceptions to the general rule that the drag driver is constantly at fault in a rear-end collision. here are a few of the most common examples :
The Front Driver Makes an Unsafe Lane Change
Suppose you are driving on the highway. You are traveling the accelerate limit and staying in your lane. on the spur of the moment, another driver passes you ; then, the driver cuts in front of you, leaving inches between your bumper and his, and makes a sudden barricade. You slam on your brakes, but the other driver did not leave you closely adequate time to react, and you rear-end him .
technically, this is a rear-end collision, and you are the driver in back. But in this case, fault belongs to the early driver because he made an insecure lane change and cut off your fomite.
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The Front Driver Makes an Abrupt and Unnecessary Stop
As the drag driver, you should leave adequate room so that if the driver in front of you stops, regardless of the reason, you have time to stop angstrom well. In rare situations, though, a driver makes a intercept so abrupt and sudden that even a safe comply outdistance is not sufficient for the trail driver to avoid a collision .
This maneuver is sometimes done by the front driver in an effort to “ punish ” a tailgater ( besides known as brake-checking ). But two wrongs do not make a right, and thus there is a lot of grey area in this situation as to who is at defect. You should speak to an lawyer a soon as possible if you were involved in a rear-end collision of this nature .
There is a Chain Reaction Collision
If another driver rear-ends you and the collision propels you into the car in front, the demerit does not belong to you but rather to the driver who rear-ended you .
The Other Driver’s Brake Lights are Burnt Out
sometimes, rear-end collisions occur because the driver in movement failed to replace his burned-out taillights. If you rear-end a driver whose taillights are forbidden, we can argue that you would have stopped had you had some type of warning ( for example, had the driver ’ second taillights been functioning ) .
A Mechanical Failure Causes a Rear-End Collision
In the singular position of a mechanical failure, it is possible that the liability belongs to neither the front nor back driver, but to the manufacturer of the vehicle or vehicle component that caused the collision. A common exemplar is brake failure. If you rear-end another vehicle because of defective brakes, you might be able to pursue the car manufacturer for damages. We can help with this summons.
Can Both Parties Share Fault?
Yes. This is a coarse occurrence. If you were following excessively close, but the driver ’ s brake lights were out, you might share mistake. Per Georgia ’ s comparative blame rule, while you can recover recompense if you were less than 50 percentage at fault for the clang, your blame will decrease your liquidation ( e.g., if you were 20 percentage at mistake, you can lone recover 80 percentage of your settlement award ) .
Get Help Determining Liability for Your Rear-End Collision. Call S. Burke Law.
After a rear-end collision, whether you were the presence or back driver, you need a skilled and feel for lawyer who will fight for your rights. I am that lawyer. I am committed to winning you the soap compensation for which you are eligible. And because I worked as an indemnity adjuster before I opened my jurisprudence tauten, I am prepare for every tactic the policy company might use to deny or reduce your award .
Come in for a free consultation to talk with us. We will answer all your questions and give you honest answers on what to expect with your encase. Call today for an appointment : 404-842-7838 .