What to Do if You Get Rear-Ended?

Key Takeaways about What to Do if You Get Rear-Ended

• After a rear-end collision, seeking a medical evaluation is critical, as many serious injuries like whiplash or concussions may not show immediate symptoms.
• Documenting the scene with photos, exchanging information with the other driver, and obtaining a police report are foundational steps in establishing what happened.
• In Georgia, the driver who hits a car from behind is typically presumed to be at fault, but there are exceptions to this rule.
• It is advisable to be cautious when speaking with the other driver’s insurance company and to avoid giving a recorded statement without guidance.
• Compensation in a rear-end accident case can cover economic losses like medical bills and lost wages, as well as non-economic losses like pain and suffering.
• Georgia law sets a two-year time limit, known as the statute of limitations, for filing a personal injury lawsuit, making it important to act promptly.

First Steps at the Scene of the Collision

While the shock of a crash can make it hard to think clearly, there are a few key actions to take at the scene if you are physically able to do so. Your priority is always your safety and the safety of others. Move your vehicle out of traffic if it’s safe and possible, and turn on your hazard lights.

From there, focus on gathering the information that will be necessary later on.

• Call 911: Always report the accident to the police, even if it seems minor. A police report is an official document that provides a neutral account of the incident. Paramedics can also evaluate you at the scene for any immediate injuries.
• Exchange Information: Get the other driver’s name, address, phone number, driver’s license number, and insurance information. Provide them with your information as well. Remain calm and polite, and avoid discussing fault.
• Take Photos and Videos: Use your phone to document everything. Take pictures of the damage to both cars from multiple angles, the license plates, the positions of the vehicles, any skid marks, and the surrounding area, including traffic signals and road conditions. If you have visible injuries, photograph them too.
• Talk to Witnesses: If anyone saw the accident, ask for their name and contact information. An independent witness can provide a valuable perspective on how the collision occurred.

Once these steps are completed and the police have cleared the scene, you can focus on the next crucial phase of your recovery.

Why You Should Always Seek a Medical Evaluation

After a rear-end accident, adrenaline can mask pain and make you feel fine, even if you’ve sustained a serious injury. Many common injuries associated with these types of crashes have delayed symptoms that may not appear for hours or even days. That’s why getting a complete medical check-up is one of the most important things you can do.

Going to an urgent care center, your primary care physician, or the emergency room creates an official record of your injuries. This documentation is vital because it establishes a direct link between the accident and the harm you suffered. Without it, an insurance company might argue that your injuries were caused by something else.

Common injuries from rear-end collisions that may not be immediately apparent include:

• Whiplash: This is a soft tissue injury to the neck caused by the head’s rapid back-and-forth movement. It can lead to chronic pain, stiffness, and headaches.
• Herniated Discs: The force of the impact can cause the discs that cushion your vertebrae to rupture or shift, leading to severe back pain, numbness, or weakness in your limbs.
• Traumatic Brain Injuries (TBIs): Even without hitting your head on anything, the brain can strike the inside of the skull from the violent jolt. Symptoms of a concussion or a more severe TBI include dizziness, confusion, memory problems, and sensitivity to light.
• Spinal and Back Injuries: The impact can compress the spine, causing fractures, sprains, and long-term back problems that can affect your mobility and quality of life.

Your health is the top priority. Getting a medical evaluation protects your well-being and strengthens your position if you need to make a claim for your injuries.

Understanding Fault in a Georgia Rear-End Accident

In Georgia, there is a general legal principle that the driver who hits another vehicle from behind is presumed to be at fault. This is based on the law requiring drivers to maintain a safe following distance. The specific law states that a driver “shall not follow another vehicle more closely than is reasonable and prudent.”

This presumption of fault is strong, but it’s not absolute. There are situations where the lead driver or another party could be held partially or fully responsible.

1. The lead driver suddenly reverses. If the front car unexpectedly backs up into the vehicle behind it, the lead driver would likely be at fault.
2. The lead driver’s brake lights are not working. Other drivers rely on brake lights to know when to slow down. If faulty equipment is to blame, the lead driver may be considered negligent.
3. The lead driver makes a sudden, unsafe stop. If a driver slams on their brakes for no apparent reason in the middle of a road like GA 400 in Cumming, they could share some of the fault.
4. A third party causes the accident. For instance, if another car cuts off the lead driver, forcing them to stop suddenly and causing you to hit them, that third driver could be held responsible.

Georgia uses a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, any compensation you receive will be reduced by your percentage of fault. If you are found to be 50% or more at fault, you are barred from recovering any compensation at all. This is why it’s so important to have a clear understanding of exactly how the accident happened.