When another vehicle hits yours from behind, you may not feel any physical symptoms at first. After a few days, however, you will probably begin to feel enough pain to seek medical treatment. That treatment means you are now facing mounting medical bills on top of your car repair costs and other accident-related expenses.
If you suffered an injury in a rear-end collision, the Law Offices of Ogle, Elrod & Baril, PLLC, can help you recover a fair settlement for your injuries, lost wages, pain and suffering, and damages to your vehicle. We seek maximum compensation for victims who suffer because of another driver’s negligence. Call our law firm today at 865-546-1111 to schedule a free case evaluation with a rear-end accident lawyer in Knoxville.
How Can I Get Reimbursement for My Damages?
If the rear driver admits fault and does not dispute causing the wreck, we can file a claim with their insurance company to reimburse you for your losses. Tennessee is a fault state, which means the driver responsible for causing an accident pays for accident-related expenses. Our attorneys can help you understand the full value of your claim, so we know how much your rear-end accident has cost you before we file.
However, the rear driver may accuse you of being partially responsible for the accident. This does not prevent you from recovering compensation, but it will affect the value of your claim.
What If the Rear Driver Blames Me for the Accident?
Our attorneys will conduct a thorough investigation into your accident. We will assess the role the other driver played and determine if you had any fault in causing the crash. In some cases, rear drivers blame front drivers for partially causing accidents by:
- Changing lanes quickly without using their turn signal;
- Having faulty brake lights so rear drivers do not know when front drivers suddenly stop; and
- Failing to turn on hazard lights when their car breaks down in traffic.
If you are partially responsible for causing the accident, the state’s comparative negligence laws will decrease your amount of compensation. For instance, if you had $60,000 in damages and were 10 percent at fault for the accident, you would receive a $54,000 compensation award. This does not let the rear driver off the hook. We would still provide evidence to show the rear driver’s liability for your injuries and property damage.
How to Prove Fault in a Rear-End Accident
To prevail in any personal injury claim, Tennessee law requires claimants to prove that the at-fault party’s negligence caused the accident. To do this in your case, we must show the driver owed you and other motorists a duty to drive safely and avoid causing an accident. We must also prove the driver breached that duty and their negligence caused your rear-end accident. As a result, you suffered injuries and property damage.
We have vast experience in applying state law to personal injury claims. Our legal team may collect other evidence to show that the driver violated Tennessee’s Motor Code. Drivers may violate the code in a variety of ways, including:
- Following too closely to the vehicle in front—or tailgating;
- Driving while drowsy;
- Driving under the influence of alcohol or drugs;
- Failing to account for slippery or icy road conditions while driving;
- Texting while driving; and
- Talking on a phone behind the wheel.
Failing to pay attention is one of the most common reasons rear-end accidents occur. A study from the National Highway Traffic Safety Administration (NHTSA) showed that 87 percent of rear-end crashes involved a driver failing to pay attention to the traffic ahead.
What Evidence Will Help Support My Case?
Our legal team will gather evidence to support your injury claim. We will collect documentation that proves the other driver’s fault, such as:
- Your medical records that detail your injuries;
- The police report of the accident;
- Photos of the accident scene;
- Traffic camera video, if available;
- Eyewitness statements; and
- Your vehicle repair estimates.
How Can a Lawyer Help Me Get Compensation?
We handle all aspects of insurance claims. We will file your claim and negotiate with the rear driver’s insurance company until they agree to pay a fair settlement.
Unfortunately, insurers often try to save money by offering low payouts even when accident victims sustain serious injuries that require ongoing medical bills. We challenge unfair settlement offers and fight for adequate compensation for rear-end crash victims. Our attorneys understand the impact a rear-end collision can have. These crashes can cause such serious injuries as:
- Facial injuries from the airbag deploying;
- Spinal damage;
- Back injuries;
- Broken bones; and
- Traumatic brain injuries.
We aim to reach equitable out-of-court settlements. However, we will go to court if a jury trial ensures you receive a better outcome.
Should I File a Lawsuit Instead of an Insurance Claim?
If you have a clear-cut case, which means the rear driver—and their insurance company—accepts liability, an insurance claim should be enough to recover the compensation you deserve. However, when major disputes arise and the insurance company denies your claim or makes an insufficient offer, a personal injury lawsuit may become necessary. Our attorneys can handle either process for you while you focus on recovering from your injuries.
What Compensation Can I Receive?
We can help you pursue compensation for all of your financial losses, including:
- Medical bills;
- Hospital bills;
- Your lost wages due to your inability to work;
- Lost earning capacity;
- Physical therapy;
- In-patient rehabilitation; and
- Vehicle repair costs.
We will also help you seek compensation for or non-economic damages, such as pain and suffering, emotional distress, and mental anguish.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, Today.
A rear-end collision can lead to significant property damage and serious injuries that require ongoing medical treatment. Rather than worry about how to pay medical bills to treat your accident-related injuries or how to cover the costs of repairing your damaged vehicle, talk to the Law Offices of Ogle, Elrod & Baril, PLLC today. The sooner you contact us, the sooner we can help you recover compensation for your losses.
Call 865-546-1111 now to schedule a free case evaluation. We work on a contingency fee basis, which means you do not pay for our services unless we achieve a favorable outcome for your claim.