It takes only seconds for a rear-end collision to happen, but the emotional distress and physical pain from the accident last much longer. If you suffered bodily injuries from a rear-end collision, you need the Law Offices of Ogle, Elrod & Baril, PLLC, to help you recover maximum compensation for the losses you incurred after the accident. Our firm has established itself as an aggressive advocate for auto accident victims.
Our experienced lawyers handle complicated claims with insurance companies and protect the legal rights of injured accident victims. Call us now at 865-546-1111 for a free case evaluation with a rear-end collision accident lawyer in Chattanooga.
Why do I need a rear-end collision attorney?
Our auto accident attorneys know the tactics insurance companies carry out to avoid paying compensation for injuries and vehicle repairs. Injured drivers who handle their own claims without an attorney usually want an immediate settlement. However, insurance companies will not tell them about other types of compensation they can obtain.
Insurance companies save thousands of dollars when injury accidents go unchallenged. As experienced legal professionals, we know the value of rear-end collision cases and provide solid evidence to present to insurance companies for maximum payout on behalf of our clients.
Is the rear driver always at fault for a rear-end collision?
No, not all of the time. Back-end damage to your vehicle and front-end damage to the vehicle behind you leaves little doubt that the rear driver caused an accident. In these “no-doubt” liability instances, insurance companies may not put up a fight over which driver caused the accident. Nonetheless, the auto insurer may still try to avoid paying compensation for an injury claim.
Rear drivers or their insurance companies may try to place blame on the front drivers. For instance, the rear driver might say your break lights were not working and you stopped suddenly, which caused the driver to rear-end you. The other driver also might contend that your vehicle stalled and you created a hazardous condition by failing to turn on your emergency flashers or get your vehicle off the road. If this actually occurred, you might have to assume partial liability for the accident.
Tennessee applies a comparative negligence law to determine liability in personal injury cases such as rear-end collisions. Under this law, the percentage of fault determines the percentage of compensation. Drivers who were 50 percent or more at fault for an accident cannot recover compensation. Drivers 49 percent or less at fault for the accident can receive compensation.
So, if you claim you suffered $75,000 in damages but a judge or jury found that your negligence contributed to the crash by 25 percent, you would recover $56,250, or 75 percent of the total damages you sought.
Insurance companies try their best to reduce the amount of payment for which you are eligible. This is why you should never admit fault for an accident without speaking to one of our attorneys first. We conduct our own investigation to disprove allegations against you and to prove the other driver’s negligence.
How will your investigation help my case?
Our investigation works to your advantage because we collect evidence to show the rear driver violated Tennessee’s negligence laws for motorists. If we can find proof that the other driver failed to uphold a duty of care to you, we can hold them liable for your damages. The evidence may include:
- The other driver’s driving history;
- Medical records showing the injuries you sustained from the accident;
- Medical expenses you paid and expect to pay due to your injuries;
- Photos of the accident scene;
- Traffic surveillance cameras near the accident scene;
- Eyewitness reports of the accident, if we cannot speak to them in person; and
- Employment records and pay stubs showing your lost wages.
Police reports also provide relevant information. For instance, a police report may show the roads were clear during the time of your accident, but the rear driver was distracted, driving without a valid license, or driving under the influence of alcohol or drugs. We may also discover the rear driver caused the accident by speeding or not driving cautiously in bad road conditions.
Collecting as much documentation as possible to show the other driver’s negligence gives further support to your case and credence to your testimony.
When do I file a lawsuit?
First, we negotiate a settlement with the insurance company and any other entities involved in the accident. Having a lawyer to speak on your behalf takes the stress off of you so you can continue your recovery. We ask for compensation for the physical pain and suffering you endured. If insurance companies or their lawyers want to talk to you, we attend meetings with you.
If we cannot reach an equitable settlement, the next step involves filing a personal injury lawsuit. Under Tennessee’s statute of limitations, you have only one year after the date of an accident to file a personal injury lawsuit. That is why you need to contact us as soon as possible so we can begin your case today. The court has no obligation to hear your case if you fail to file a lawsuit within the one-year time frame.
Rear-end collisions cause serious injuries.
Rear-end collisions are among the most common types of wrecks in Tennessee. They can cause several different types of serious injury. These include:
If you incurred an injury after a rear-end collision, you may be facing extensive medical treatment, costly hospital stays, and long-term rehabilitation. If you suffered permanent damage, you may not be able to return to work and will likely have to pay for mobility accommodations to your home. You may also have to retain a long-term caregiver or make other arrangements.
These are costs we can help you recover. Our attorneys will seek full and fair compensation for every expense you have faced related to your injury—and for those you will face in the future.
Let us help you file your injury claim today.
If you suffered serious injuries because of a rear-end collision, the Law Offices of Ogle, Elrod & Baril, PLLC, can help you recover compensation. Let our rear-end collision accident lawyers in Chattanooga start working on your injury claim today. Call 865-546-1111 now for your free initial case evaluation.