Injured in a Fender Bender? Get Help From Our Atlanta Rear-End Collision Lawyers

We offer free consultations over the phone about your case — or we can come to you

Why hire an Atlanta rear-end collision lawyer at Scholle Law

Your first consultation with our Atlanta car crash lawyers is 100% free — no cost, no commitment. During this initial meeting, we’ll listen to you, answer your questions and evaluate your case to determine your best legal options. If you decide to hire us to represent you, you only pay for our services when we win your case. If we don’t win, you don’t pay. It’s that simple.

Common causes of rear-end car accidents

While there are many possible factors that can contribute to a rear-end collision, here are the most common causes of fender benders in Atlanta:

• Distracted driving. Taking your eyes from the road even for a second can spell disaster if the person in front of you slams on their brakes to slow down for traffic or a light, or to avoid a pedestrian or other obstacle. While Georgia’s new hands-free law has helped to reduce the number of accidents caused by texting and driving, distracted driving continues to be a big problem in Atlanta and statewide.
• Aggressive driving. We’re all taught to drive defensively, but many Atlanta drivers don’t follow this rule. Common examples of aggressive driving behaviors that result in rear-end collisions include speeding, weaving in and out of traffic and following cars too closely (or “tailgating”).
• Road rage. Whether caused by the endless traffic or impatience, many drivers become angry and frustrated when behind the wheel. This can also lead to aggressive driving and angry gestures, which result in a collision.
• Drowsy driving. The “lull” of the road can lure fatigued drivers into a trance, causing them to drift off while behind the wheel and decreasing reaction times. In the hectic and non-stop city of Atlanta, drowsy driving is an especially common problem and regular cause of fender benders.
• Intoxicated or impaired driving. Driving while under the influence of alcohol or drugs is against the law in Georgia, yet that doesn’t stop thousands of people from getting behind the wheel anyway. These substances can impair a person’s depth perception and vision, making a rear-end crash more likely.
• Bad weather. Wet or icy roads, as well as foggy conditions, can reduce a driver’s visibility and make it impossible for them to stop in time to avoid a collision. Though you can’t change Mother Nature, you can change how you drive in response to poor weather conditions. For this reason, such accidents are still considered matters of negligence.

Georgia rear-end collision and negligence laws

Georgia code 40-6-49 states:

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Simply put, this law means that you, the driver, should never follow a vehicle too closely. Rather, you should leave an appropriate amount of space between your vehicle and all other vehicles based on the conditions of the road and the speed at which all vehicles are going. Even if the driver in front of you is forced to slam on their brakes or perform an emergency maneuver, you should have enough time to come to a stop or veer out of the way to avoid a collision. For this reason, in most rear-end collision cases, the following vehicle who hits into the leading vehicle is considered to be responsible.

Georgia also follows a theory of negligence known as a modified comparative fault. This means that the person who is suing for damages (the plaintiff) can still file a claim and recover damages even if they are partially at-fault for the collision. However, they have to be less than 50 percent liable for the accident. If they are more than 50 percent responsible, then they are unable to file an injury claim.

For example, let’s say that Driver A slams on their brakes to avoid hitting a deer that is crossing the road. Driver B isn’t paying attention and hits into the back of Driver A. Driver B suffers severe neck injuries in the wreck, and so they decide to sue Driver A. The court finds that Driver B was 90 percent responsible for the rear-end collision since they were distracted and failed to stop in time to avoid the crash; therefore, Driver B will not be able to recover for their injuries since they were more than 50 percent liable. Driver A, however, could sue Driver B if they sustained any serious injuries or damages.

Rear-end car accident FAQs

What is a rear-end collision?

A rear-end collision is a crash between 2 or more vehicles that occurs when 1 car collides with the vehicle in front of it. Rear-end crashes are also commonly referred to as “fender benders” or “shunts” (in the U.K.).

Who pays in a rear-end collision?

It depends on who was at fault for the crash. Georgia is an at-fault state, which means that the person who caused the accident is responsible for paying for the victim’s damages. In a rear-end car accident, the following driver who crashed into the back of the leading vehicle is typically presumed liable for the crash since Georgia law requires drivers to leave ample space when driving behind another vehicle.

Is the person who hit into the lead vehicle automatically at fault in a rear-end car accident?

Usually, but not always. There are some exceptions to the rule that can make the leading driver liable for the crash. Such extenuating circumstances are when the lead driver slams on their brakes for no reason, is driving in a vehicle with broken or malfunctioning tail lights, suddenly puts the car in reverse, fails to use turn signals or stops in the road without putting on their hazards or other warning indicators.

If you hit the back of another vehicle and believe it was their fault, realize that you’ll have a challenging time proving that the lead driver was responsible for the collision. We recommend contacting our experienced attorneys immediately to start building your case.

How long do I have to file a rear-end collision injury claim?

For most auto accidents in Georgia, the deadline for filing an injury claim — known as the “statute of limitations” — is 2 years from the date of the accident. That said, there are some exceptions that can shorten this deadline such as if you’re involved in a collision with a government vehicle or if a teen driver is involved. It’s vital you contact our Atlanta injury attorneys as soon as possible so that we have more time to build a strong case on your behalf.

What should I do after a rear-end collision?

Immediately following a crash, you should first and foremost check to see if anyone is injured (including yourself). If so, dial 911 and answer their questions. If not, you should still call local police and wait for them to arrive at the scene.

While you wait for police to arrive, gather as much information as possible by taking pictures of the accident scene and writing down the names and contact information of witnesses. Exchange your name, license number and insurance information with the other driver, but try to avoid talking to them as much as possible. Keep the conversation short and cordial. Never apologize.

Once police arrive, answer their questions and wait until they say you can leave. Then, notify your insurance company that you were involved in a crash as soon as possible.

Even if you don’t think you were hurt, see your doctor as soon as possible and tell them you were involved in a car accident. They’ll do a thorough checkup to make sure you didn’t suffer any unseen injuries. Some injuries, like whiplash and soft tissue damage, might not show symptoms for several hours or even days. Only your doctor can give you a clean bill of health.

Last but not least, contact a rear-end collision attorney near you if you suffered serious injuries or property damage. If you were too injured to gather evidence or help file a police report, our accident scene investigators will secure the documents and evidence we need to help reconstruct the collision.