The Law Offices of Ogle, Elrod & Baril, PLLC, has helped many accident victims in Tennessee regain control of their lives after sustaining severe injuries and significant vehicle damage in a rear end collision. When another driver’s recklessness changes your life for the worst, you can rely on us to help you get the compensation you deserve to pay your medical bills, lost wages, and other accident-related damages.
We can advise you of your legal options after a rear end crash. You do not have to go through this alone. Let us help you get a settlement to cover your out-of-pocket expenses and other unexpected bills resulting from your collision. Call us today at 865-546-1111 to schedule a free legal consultation with a rear end collision accident lawyer in Farragut.
How Can I Get a Settlement From My Accident?
A settlement comes from filing a claim with the insurance company of the driver who crashed into the rear of your vehicle. Tennessee is a fault state when it comes to vehicle accidents. This means that the driver at fault for the crash pays for damages resulting from the collision.
We can help you build a valid claim to submit to the at-fault driver’s auto insurance company.
Why Do I Need to Build a Claim?
Having a strong claim to present to the insurance company increases your likelihood of recovering the maximum compensation available to you. We help you by collecting relevant evidence to support your claim and negotiating a settlement with the at-fault party’s auto insurer.
Our firm has decades of collective experience, so our lawyers know the tactics insurers use to avoid paying out settlements. We know the best ways to defend against them.
What Type of Evidence Does a Lawyer Collect?
We first collect evidence that identifies the person who hit the rear of your vehicle. Then, we show how the driver’s reckless behavior caused you to suffer injuries and property damage. Generally, police reports identify the driver at fault for an accident. In your case, the police report should name the driver who collided with the rear of your vehicle.
Besides the police report, we also gather photos of the accident scene, statements from eyewitnesses, any available traffic camera video, vehicle repair estimates, and other necessary information.
Since rear end collisions can cause serious physical harm, we also use medical records to show the severity of your injuries that may include whiplash, broken bones, head and brain injuries, or paralysis.
Proving Negligence in a Rear End Collision
In order to collect compensation, we have to prove the other driver’s negligence caused the crash. To do this, we must prove the four elements of negligence. These are:
- The driver had a duty to drive carefully;
- The driver breached that duty;
- The driver’s negligence caused an accident; and
- You suffered damages in the crash.
Our attorneys have helped clients prevail in their insurance claims by successfully proving these elements of negligence. We may discover during our investigation that the driver breached the duty of care and caused the accident by driving under the influence of alcohol or drugs, failing to maintain a proper following distance, texting while driving, or using a mobile phone behind the wheel.
According to data from the National Highway Traffic Safety Administration (NHTSA), 87 percent of rear end crashes involve a driver who failed to pay attention to the traffic ahead. Our attorneys have helped clients prevail in their insurance claims by successfully proving how the other driver’s negligence caused the crash.
What If I Played a Role in Causing the Crash?
Proving the other driver bears sole liability for the crash can be difficult, depending on the factors involved in your accident. While it may seem like you have a clear-cut case of negligence based on the fact that someone hit the back of your vehicle, the rear driver may accuse you of contributing to the collision. For instance, the rear driver may claim that you suddenly stopped and your brake lights were not working, so they could not avoid hitting your vehicle.
If you had a role in causing the accident, Tennessee’s comparative negligence law will decrease your compensation amount. For example, if you claim $100,000 in damages and were 20 percent at fault for causing the accident, you would receive an $80,000 settlement.
This is where having an established and resourceful law firm on your side can benefit your claim. We conduct an investigation of your accident to help challenge claims brought against you from other drivers or insurance adjusters. If you were in a multi-vehicle crash and drivers want to shift the blame, we can call in a specialist who reconstructs and analyzes accidents to determine how and why a crash occurred.
What Damages Can I Recover With My Claim?
Generally, injured motorists suffer substantial losses from vehicle accidents. Insurance claim settlements or jury awards help you recover such expenses as:
- Medical bills;
- Physical therapy;
- In-patient rehabilitation;
- Assistive medical devices;
- Lost earnings; and
- Vehicle repair costs.
You may also pursue non-economic damages, such as pain and suffering, emotional distress, and mental anguish.
What If a Family Member Died in the Crash?
When they occur at high speeds, rear end collisions can result in death. If your loved one died in a rear end collision crash because of another driver’s negligence, we can file a wrongful death lawsuit to pursue compensation for medical bills, funeral expenses, loss of consortium, and other costs.
Let Us Help You Recover From Your Losses.
A rear end collision can result in considerable property damage and injuries that may require continuous medical treatment. Instead of stressing over how you can handle these mounting costs, talk with an attorney at the Law Offices of Ogle, Elrod & Baril, PLLC, about the legal options available.
Our law firm works on a contingency fee basis. That means you do not pay until we achieve a positive outcome for your claim. Contact us now at 865-546-1111 to schedule a complimentary consultation.