Rear-End Collision Lawyer in Alpharetta, GA

Fault is rarely the fight

Georgia requires drivers to leave a reasonable following distance for the speed and the road (O.C.G.A. § 40-6-49). When someone runs into the back of you, they almost always broke that rule. That is why rear-end crashes are the cases this firm most wants to take on: liability is usually clear from the first day.

“Usually” matters, though. The other driver’s insurer will look for anything that shifts some blame onto you. That could be a sudden stop, a brake light that was out, or a lane change just before impact. Georgia reduces what you recover by your share of fault, and at 50% you recover nothing (O.C.G.A. § 51-12-33). So do not volunteer a theory of the crash to anyone, and do not give the other insurer a recorded statement.

If the driver behind you was on a phone, tell the officer and tell us. The Hands-Free Georgia Act bars drivers from holding a phone while driving, and phone records can back up what you saw.

The real fight is about your injuries

When an insurer cannot argue fault, it argues damages. The standard lines:

• “The cars were barely damaged.” Vehicle damage and injury are not the same measurement. Bumpers are designed to absorb a hit and spring back; the occupant’s neck is not.
• “You waited to see a doctor.” A gap between the crash and your first medical record is the most common reason these claims get discounted. Go the same day if you can.
• “It’s an old injury.” If the crash made an existing back or neck problem worse, that worsening is part of the claim.

The answer to all three is the same: a complete, unbroken medical record.

What these injuries usually look like

Soft-tissue neck and back injuries — the ones people call whiplash — are the most common. Disc injuries in the neck and lower back come next, and they often do not show up properly until an MRI. Headaches and concussion symptoms get missed in the ER because they arrive a day or two later. Shoulder and knee injuries from bracing against the wheel or dashboard are routine.

A typical course of treatment starts at the emergency room or urgent care. Then comes a chiropractor or physical therapist, then imaging. An orthopedist follows if things are not improving, and sometimes injections or surgery. Every step of that needs to be documented, because the settlement demand is built from it.

What we do

We get the police report and any footage from nearby businesses before it is overwritten. We deal with both insurers so you do not have to. We keep track of every provider and every bill. When treatment is finished, we put together the demand: what happened, who was at fault, the full medical story in order, and every cost. Then we negotiate.

If you were driving for work when you were hit, there may be a second claim. See work-related car accidents.

Rear-end crashes are one part of our Alpharetta car wreck practice, and the same approach applies to every one of them.

The deadline

Georgia generally gives you two years from the date of the crash to file suit (O.C.G.A. § 9-3-33). That is a backstop, not a plan. Evidence goes stale long before then.

The first call is free and it is with Jeff Snell, the attorney who would handle your case.

Common questions

Is the driver who rear-ended me automatically at fault in Georgia?

Usually, but not automatically. Georgia requires drivers to keep a safe following distance, so the rear driver is at fault in most cases. The insurer may still argue you stopped suddenly or had a brake light out, and any share of fault it proves reduces what you recover.

What if there was hardly any damage to my car?

Light damage to the car does not mean you were not hurt. Bumpers are built to absorb a hit and spring back, and your neck is not. The medical record is what proves the injury, so get checked the same day.

Should I talk to the other driver's insurance company?

Give them the basics only, and do not agree to a recorded statement. Their adjuster is looking for anything that shifts blame to you or makes your injuries look minor. Your attorney can take those calls.

How long do I have to file after a rear-end crash in Georgia?

Generally two years from the date of the crash to file suit (O.C.G.A. § 9-3-33). Waiting that long is risky, because video and witness memories disappear much sooner.

I was hit from behind while driving for work. Do I have one claim or two?

Often two. Workers' comp covers your medical bills and part of your lost pay. A separate claim against the at-fault driver covers what comp does not, such as pain and suffering.