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Attorney Jordan Van Matre

Who is at fault when a rear-end collision happens?

On Behalf of | Aug 7, 2023 | Car Accidents

Rear-end collisions account for a lot of injuries and deaths each year. The National Safety Council (NSC) reports that when looking at 2021 multi-vehicle crashes, rear-enders accounted for 39.6% of crashes resulting in injury and 18.5% of ones resulting in death.

Here are three leading causes of rear-end collisions:

Distractions

From eating or drinking to tuning the radio station, grooming and the use of cell phones, many things can distract a driver and take their attention off the road leading to a rear-end crash.

Tailgating

Motorists are required to keep a reasonably safe distance between the vehicles. But some do not. If drivers are following each other too closely, they may not have adequate room for maneuvering in the event of an emergency.

Mechanical faults

Faulty brakes, tail or brake lights all pose safety risks to road users. If these components do not work as they should, an accident might happen.

So, how is fault established following a rear-end crash?

When an accident happens, one of the most important questions you need to settle is, “Who is responsible?” This is where negligence comes in. Georgia applies what is known as the modified comparative negligence statute when determining who is at fault.

Per this doctrine, you may seek damages even if you were partly to blame for the rear-end crash in question, provided you were no more than 50% at fault. Your damages will be reduced based on your extent of fault.

A rear-end crash can not only ruin your day but also lead to serious injuries and property damage. If you are involved in one, you need to explore your legal options.