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Determining Fault in Georgia Rear-End Auto Accidents


Blog Category:
8/22/2015
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A report by the National Highway Traffic Safety Administration (NHTSA) estimated that 25,580 people died and many more were injured in 2012 auto accidents from January through September. Being prepared before an accident can enable a victim to obtain all the necessary information that will be helpful to their case.

Consulting a Clayton County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

In Georgia, a claimant's damages are reduced by his fault percentage. The remaining damages are distributed among the other party or parties according to his fault degree. A claimant cannot receive damages if his fault degree is determined to be 50 percent or higher.

It is often easy to determine liability in Georgia rear-end accidents as the vehicle traveling behind and striking the one in front is frequently at fault. However, there can be exceptions that will limit liability and it is important to consider the totality of the circumstances in an accident.

Poor weather conditions require that a driver leave additional stopping distance between his car and the one in front of him. However, a merging car may leave insufficient stopping space, an important factor in inclement weather. Vehicles may also make unexpected driving maneuvers, such as to avoid debris that falls from another vehicle, thereby creating a rear-end accident. Another vehicle may strike a driver from behind, forcing that driver into the car in front of him. This also may not be determined to be the fault of the middle car that struck the one in front.

Georgia law requires that the recovery amount should be reduced if a victim's carelessness contributed to the auto accident injuries.

If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith. We can obtain the relevant evidence including police reports.



Category: Auto Accidents

Shane Smith
Advocate for the Seriously Injured in Georgia

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