A rear end collision accident in Clinton can leave you saddled with thousands of dollars in unexpected car repairs and medical bills. If someone else’s negligence caused your crash, you may be eligible for compensation for these and other compensatory damages.
If you sustained an injury and suffered financial losses, you may benefit from speaking with a rear end collision accident lawyer in Clinton. At the Law Offices of Ogle, Elrod & Baril, PLLC, we provide free legal consultations to personal injury victims who have questions on how to recover damages after a car accident.
Call us today at 865-546-1111 to speak with a member of our legal team in Tennessee. If you have a viable claim, we can help you hold the at-fault party responsible for your medical expenses, lost wages, car repairs, pain and suffering, and other accident-related expenses. Contact us now to discuss your claim.
Why Do I Have to Establish Fault When I Was Rear-Ended?
You must establish fault before you can pursue compensation. Tennessee is a fault state, which means the party who caused an accident pays for the resulting damages. We must prove that someone else’s negligence caused your collision before we can hold the at-fault party responsible for your losses.
Even though it may seem like the rear driver is always at fault for this type of crash, you must still collect evidence that proves who caused your accident.
How Do I Establish Fault?
To establish fault, we must prove four elements of negligence against the at-fault driver:
- The defendant owed you a duty of care to drive safely;
- They failed in this duty;
- The defendant’s negligence caused a rear end accident that resulted in your injuries; and
- You suffered damages because of the crash.
What Type of Evidence Will Prove Negligence?
We build a strong case on your behalf by securing evidence that proves negligence and causation. If the authorities responded to your crash, we will obtain the police report for your accident. Through this document, we may find that the rear driver caused the accident due to:
- Driving under the influence of alcohol or drugs;
- Distracted driving, if the other driver was texting;
- Failing to yield the right of way;
- Failing to pay attention to the traffic ahead; or
- Driving too closely, or tailgating.
Besides a police report, we may collect other evidence to prove your claim, such as:
- Your medical records that show the nature and extent of your injuries;
- Eyewitness testimony;
- Photographs of the accident scene; and
- Video surveillance footage.
We aim to show how and why the accident occurred and who caused the crash. This information further helps to establish fault.
What Happens If the Rear Driver Claims I Shared Fault in the Accident?
During our investigation of your case, we will look into any accusations that the rear driver or their insurance company levels against you. In these cases, rear drivers often claim they hit the vehicle in front of them because of the front driver’s negligent actions, such as stopping unexpectedly or not having working brake lights.
If you are partially at fault for causing the accident, you may still receive compensation, but it will be a reduced amount.
Tennessee’s comparative negligence law decreases the full amount of compensation based on each driver’s percentage of fault. For instance, if you sustained $80,000 in damages and shared 20 percent of the fault for the crash, you will receive $64,000—a 20-percent reduction.
How Will I Receive Compensation?
We will file a claim on your behalf with the at-fault driver’s insurance company. At the Law Offices of Ogle, Elrod & Baril, PLLC, our lawyers have decades of combined experience handling all aspects of insurance claims. We can investigate your crash, file your claim, and negotiate a full and fair settlement with the at-fault driver’s insurance company.
If the auto insurance company challenges your story, denies your claim, or offers a low settlement, we will speak with you about filing a lawsuit.
What If the At-Fault Driver Did Not Have Insurance?
You can file an insurance claim with your own insurance company to recover compensation if your auto policy includes Uninsured Motorist (UM) coverage. UM coverage protects you in the event of an uninsured motorist accident, or if you are in a crash with a hit-and-run driver.
Underinsured Motorist (UIM) coverage comes in when an at-fault driver has insurance, but not enough to cover all of your damages. Your UIM policy covers the remaining portion of your damages.
Tennessee law requires auto insurance companies to offer these optional policies. However, vehicle owners can choose to reject UM and UIM in writing. We can examine your policy and determine if you have UM or UIM coverage.
What Type of Damages Can I Recover?
Because a rear end collision accident can cause broken bones, whiplash, other spinal cord injuries, and even traumatic brain injuries, you may seek compensation for your hospital and medical bills. You may also have other accident-related financial losses, such as:
- Lost wages;
- Physical therapy;
- Rehabilitation; and
- Car repair or replacement costs.
You can also seek non-economic damages, such as pain and suffering, emotional distress, and mental anguish.
Call Us Today for a Free Consultation.
If you want to seek reimbursement for excessive medical bills, expensive car repairs, and other costs related to your rear end collision accident, contact the Law Offices of Ogle, Elrod & Baril, PLLC, today at 865-546-1111 to schedule a complimentary legal evaluation.
Our team can answer your questions and discuss how we can help you hold the driver liable for your damages. Our firm works on contingency, so you do not pay us unless we recover compensation in your case.