According to an Atlanta car accident attorney, in most cases, you would not be found liable in a car accident if your vehicle was rear-ended by another vehicle. However, there are certain circumstances in which you could be found at fault, even if you were struck by another motorist from behind.
There are two situations where you may be partially at fault even if you were rear-ended by another motorist. These include:
- improperly stopping your vehicle in the roadway; and
- driving a vehicle with malfunctioning brake lights.
As noted above, you can only be found partially liable for the car accident if either of these situations apply to your case. If you were injured when the other driver struck you from behind, you may still be eligible to recover damages for your losses.
Georgia is a comparative law state, which means that if you were less than 50 percent responsible for your accident, you may still collect compensation for your injuries; however, you could be assigned a portion of the fault and your damages will be determined accordingly.
For example, if your brake lights were not working and the insurance company or court believe that you are 30 percent responsible for the car accident, your settlement could be reduced from $10,000 to $7,000.
Contact an Atlanta Car Accident Attorney
If you have questions about liability in a read-end collision, an Atlanta car accident attorney at the Law Offices of Shane Smith can help. Contact us today at 770-487-8999 or click here for a free guide to The 10 Mistakes That Can Ruin Your Georgia Wreck Case.