Rear-end collisions can occur for a variety of reasons. Sometimes, they prove to be unavoidable accidents. In other cases, they are the result of a clear-cut violation of the rules of the road. How fault is determined in this type of accident is often influenced by various state-specific laws related to traffic violations.
Georgia state law requires you to maintain a safe following distance between yourself and the car in front of you. This means that you should always have enough room and time to slow down or even stop if the car in front of you should stop suddenly or do something unexpected that requires you to slow down or bring your car to a standstill.
For this reason, fault for most rear-end collisions in Georgia falls upon the driver who rear-ended the car in front. Presumably, if this driver had been maintaining a safe following distance, he would have been able to decelerate quickly enough to avoid the collision. In most cases, this makes finding fault in a rear-end collision fairly clear-cut.
This approach to finding fault in rear-end collisions is not always as straightforward as it sounds. There are conditions in which the person driving the back-most car in this type of a collision is not at fault.
For example, if a car swerves in front of you suddenly from another lane, taking up the space you have established as a safe following distance, you might not have time to establish a new safe following distance if that car then decelerates abruptly. In this case, the fault for the collision belongs to the other car, which made an unsafe maneuver in front of you.
In another example, if you are stationary behind another car and a car strikes you from behind, the force of the collision could drive you into the car ahead of you. In this case, you are not responsible for that collision, because you were not even moving at the time. Fault then lies with the driver who struck you from behind.
This might sound complicated, and in some cases it is. For those accidents when fault is not clear-cut, or when you feel you are being unfairly blamed for the collision, the attorney at Robbins & Associates, P.C., are here to help. If you have suffered a rear-end collision in the state of Georgia and need help gaining compensation, please contact a car accident lawyer at the Georgia law firm of Robbins & Associates, P.C.
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Disclaimer: Robbins & Associates, P.C., handles medical malpractice, personal injury, wrongful death, workers compensation and auto accident lawsuits in Atlanta, Georgia and surrounding communities. This website is a public resource for general information about our firm and the law. Nothing in this website should be used by the reader as a source of legal advice in a particular case or situation. Please contact us today to schedule a free consultation with an Atlanta, Georgia personal injury lawyer.
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