If you have injuries from in a rear-end collision accident, you might have to pay thousands of dollars in medical expenses to treat your injuries and recover additional damages. The Law Offices of Ogle, Elrod & Baril, PLLC can help you hold the driver liable for your injuries and legally responsible for your financial losses.
If you believe you have a viable claim, call us today at 865-546-1111 for a free no-obligation consultation with a rear-end collision accident lawyer in Murfreesboro, Tennessee.
Investigating Your Murfreesboro Rear-End Collision Crash
Our legal team will begin to build you claim by investigating how your accident occurred and who was at fault for causing the crash. In our years of investigating rear-end collision accidents, we have discovered that the most common causes for these crashes include:
- Speeding
- Tailgating
- Impaired driving
- Distracted driving
- Failing to adjust to deteriorating weather conditions
- Failing to pay attention to the traffic ahead
- Brake failure
For example, showing how the rear driver followed you too closely and violated the rules of the road helps to build a significant injury claim.
Collecting Evidence from the Crash to Support Your Claim
Our case must prove that the other driver’s negligence caused the accident and your injuries. We could do this by collecting evidence to support your claim. Our evidence may include:
- A police report of the crash
- Video footage from a traffic camera or surveillance camera
- Photos of the accident scene
- Pictures of your physical condition at the accident
- Eyewitness statements of the accident
- Your medical records
In some instances, we work with subject matter experts. For example, we may involve an accident reconstruction expert when a crash involves multiple vehicles and severe or fatal injuries. A reconstruction expert helps to determine how and why an accident occurred and the role negligence played in the accident.
Proving Negligence Is Required for an Injury Accident Claim
To win your rear-end collision accident claim, we must prove the following four elements of negligence:
- Duty of care: The rear driver had a responsibility to drive safely.
- Breach of duty: The rear driver failed in thisduty.
- Causation: The rear driver’s negligence caused an accident.
- Damages: You suffered physical injury and other damages because of the accident.
The evidence we collect during our investigation will not only help to prove these elements of negligence but will strengthen your claim and fight for compensation.
The Other Driver and Insurance Companies May Fault Others for the Accident
You may assume that the rear driver is solely at fault for your rear-end collision accident. Do not be surprised if the rear driver and the driver’s auto insurance company claim that you share partial fault for causing the accident. Rear drivers often claim that the front drivers stop suddenly and did not have working brake lights, or abruptly changed lanes without using a signal light.
Our investigation will show whether you share fault in the accident. However, it the rear driver’s insurer supports the driver’s version of events; the insurer may reduce your settlement amount to reflect your percentage of negligence.
Insurers Might Use Comparative Negligence to Reduce Claims
Auto insurers find different ways to reduce or deny claims and one way is using Tennessee’s comparative negligence rule. Comparative negligence reduces the amount of compensation a driver pursues based on the percentage of the driver’s negligence in an accident.
For instance, if an insurer finds you 10 percent at fault for the rear-end collision accident, and your damages totaled $40,000, you would receive $36,000, a decrease of $4,000. Our legal team, however, would still fight to get you fair compensation and hold the rear driver legally responsible for your damages.
Recovering Compensation for Your Rear-End Collision Accident Injuries
Rear-end collision accidents are more than just fender-bender crashes. Depending on the impact of the crash, these car wrecks can cause serious physical injuries such as:
- Whiplash (stiffness in the neck and shoulders)
- Head and face injuries (from deploying airbags)
- Traumatic brain injury
- Spinal cord injury
- Broken bones
We take into account the severity of your injuries when estimating the value of your claim. Serious injuries increase the worth of a claim for damages.
Pursuing Compensation for Your Damages
If you suffered severe injuries that require ongoing medical care, you might be entitled to recover compensation for such damages as:
- Medical bills
- Rehabilitation
- Physical therapy
- Prescription medication
- Lost wages
- Loss of earning capacity
You may also seek non-financial damages that include pain and suffering, emotional distress, and mental anguish.
Negotiating an Insurance Claim Settlement
We handle all aspects of an insurance claim—from collecting evidence to filing the claim, to negotiating a settlement on your behalf. We take the legal burden off of your shoulders so you can spend your time recovering from your injury.
Auto insurers, however, do not like negotiating with lawyers because we do not back down when they try to delay or deny claims or offer low settlements. We provide strong legal representation on your behalf during negotiations.
A rear-end collision accident lawyer in Murfreesboro can usually resolve claims by negotiations, but when insurers refuse to cooperate and fail to offer fair compensation, we may file a lawsuit to resolve the outstanding issues in court.
Tennessee’s Statue of Limitations on Insurance Claims and Lawsuits
You have one year from the date of your rear-end collision accident to file an insurance claim or a lawsuit, according to Tennessee’s Statute of Limitations.
We recommend that you decide as soon as possible if you want to pursue compensation through a claim or a lawsuit because it takes time to collect substantial evidence to build a strong case.
Contact Us Today to Discuss Your Rear-End Collision Accident in Murfreesboro
The Law Offices of Ogle, Elrod & Baril, PLLC understand the problems that result from a rear-end collision accident. We provide representation on behalf of injury accident victims, and we can help you fight for the fair compensation that you deserve.
Call a rear-end collision accident lawyer in Murfreesboro today at 865-546-1111 to schedule a free legal consultation. During this consultation, we can answer your questions and discuss your legal options including the benefits of hiring a car accident lawyer.