It only takes a small amount of space between two cars to cause a major rear-end collision accident. Even at a low speed, a rear-end crash can cause substantial damage to your car and significant physical injuries. The Law Offices of Ogle, Elrod & Baril PLLC know the stress a car wreck can place on accident victims and their families.
Paying out-of-pocket costs for medical treatment and being unable to work because of your injuries can place a financial strain on your budget. We can help you recover compensation for your medical bills, lost income, pain and suffering, and other damages resulting from the crash. To find out more about how we can help you, call us today at 865-546-1111 for a free case evaluation with a rear-end collision accident lawyer in Oak Ridge.
Determining Fault in a Rear-End Collision Accident
It goes without saying that if the front end of Car B hit the rear end of Car A, the driver of Car B is at fault for the rear-end collision accident. Nonetheless, to win compensation in your case requires us to collect evidence to prove that the rear driver was at fault for the collision accident.
We may do this by collecting evidence that includes:
- A police report
- Traffic camera video or surveillance video
- Photographs of the accident scene
- Eyewitness testimony
- Medical records that show the nature and extent of your injury
Through the evidence we collect, we may discover that the rear driver caused the crash because of:
- Tailgating (following too closely)
- Distracted driving (texting, talking on the phone, eating)
- Not paying attention to the traffic ahead (daydreaming)
- Driving under the influence of drugs or alcohol
We use this information to build a solid case on your behalf.
When Multiple Vehicles Are Involved in Rear-End Crashes
When only two vehicles are involved in a rear-end collision accident, the rear car is generally at fault for causing the crash. However, more investigation is needed when the crash involves three or more cars. The fault may not be as clear especially when chain reactions occur because of bad weather conditions, road shifts due to construction, and other traffic problems.
If multiple vehicles were involved in your crash, we may engage an accident reconstruction expert to determine how the rear-end collision happened and who to hold liable for the pile up.
Proving Negligence in a Rear-End Collision Accident
Accident victims who plan to file injury claims must show how negligence played a role in causing their damages. This requirement is necessary because Tennessee is a fault state when it comes to car accidents. This means that the party that causes a crash has to pay for damages. Generally, the at-fault party’s insurance company pays for the damages.
In your rear-end collision accident case, we would use the evidence we collect to prove the following:
- The rear driver owed you a legal duty to exercise reasonable care to avoid causing an accident.
- The driver breached this duty by rear-ending your car.
- The driver’s negligent actions caused an accident in which lead to injury.
- You suffered damages because of the rear-end collision.
Liability Challenges Brought by Rear-End Drivers
It is ideal for the rear driver to admit fault and for the driver’s auto insurance company to pay your damages without a challenge. However, we have seen instances in which rear drivers accuse the front driver of contributing to the accident by:
- Changing lanes and moving in front of the rear driver without signaling
- Failing to have working brake lights
- Failing to turn on the car’s hazard lights when the car has broken down on the road
If found partially negligent for causing the accident, we will ensure that you still receive compensation for your injuries and other damages. However, Tennessee’s comparative fault law may apply to your settlement amount.
Understanding Comparative Fault
Comparative fault, also known as contributory negligence, reduces your total amount of damages based on the percentage of negligence that you contributed to the crash. For instance, if your brake lights were not working and you stopped suddenly, the rear driver may say he or she did not know you had stopped because of your defective brake lights.
If applying comparative negligence to your damages totaled $20,000, and you were found to be 20 percent at fault for the rear-end collision accident, you would only receive a $16,000 settlement.
Recovering Compensation For Your Damages
Since rear-end collisions can cause whiplash, traumatic brain injury, spinal cord injury, and other serious short-term and long-term physical injuries, you may have many out-of-pocket expenses for medical treatment.
Because of this, you can seek compensation for such expenses as the following:
- Hospital bills
- Medical bills
- Mobility devices
- Lost wages
- Loss of earning capacity
- Vehicle repair costs
We can also help you pursue non-economic damages that include pain and suffering, emotional distress, and mental anguish.
Filing an Insurance Claim
Insurance companies will do whatever they can to delay or deny a claim or present an unreasonable offer. We know how to counter the maneuvers insurance companies make to discourage accidents victims from pursuing compensation.
With the Law Offices of Ogle, Elrod & Baril PLLC on your side, you can trust that we will not allow an insurer to take advantage of you and expect you to accept an unreasonable offer. We protect our rights throughout the claims process.
Let Us Help You Recover Compensation for Your Losses
If you have questions about your rear-end collision accident and want to recoup your expenses for damages, call the Law Offices of Ogle, Elrod & Baril PLLC today at 865-546-1111 to schedule a free case evaluation with a rear-end collision lawyer in Oak Ridge.
We work on a contingency basis which means you do not pay for our services unless we achieve a favorable outcome for your claim.