You may be liable if you rear-ended someone who stopped suddenly. However, depending on the situation, the other driver may bear some responsibility, and the amount of compensation they can receive from you may be reduced.
An experienced car accident lawyer can provide the information you need to handle the claims process and get the best outcome possible. Whether you’ve been rear-ended or are at fault for rear-ending another driver, you can count on an Atlanta rear-end collision lawyer to offer much-needed guidance.
Evidence Required to Hold You Liable for a Rear-End Accident
Whether the victim is partially at fault or not, their attorney needs evidence to hold you liable for rear-ending someone who stopped suddenly. A lawyer will likely pursue the following forms of evidence to build a claim or lawsuit against you:
- Police reports
- Witness statements
- Photos and footage of the incident
- Medical records
- Accident reconstructionist statements
- And more
The accident victim’s lawyer will need these forms of evidence to build a solid claim and hold you liable for rear-ending their client. That said, if the driver stopped short, you may not be solely responsible for the incident. In that case, you’ll need to refer to Georgia’s modified comparative negligence law.
Understanding Georgia’s Modified Comparative Negligence Law
According to Georgia’s modified comparative negligence law, the plaintiff can only recover compensation if they are less to blame for the accident than the defendant. In this case, the plaintiff must be 49% less at fault than the defendant to obtain damages.
Under this law, there’s a chance you won’t be held liable if you rear-ended someone who stopped suddenly, but it is ultimately up to the court that hears your case. During your trial, the court will review the evidence and determine your percentage of fault.
If the court decides that you were 51% or more at fault, you’ll be held liable for rear-ending the other person even though they stopped suddenly. To give yourself the best chance possible of getting a favorable percentage of fault, you’ll want to work with an experienced lawyer who can investigate your case and present compelling evidence on your behalf.
Damages You May Be Held Liable for After Rear-Ending Someone
If you are found liable for rear-ending another driver, you could be responsible for several damages. Depending on the case, the driver may pursue compensation from the insurance company. However, there’s also a chance they’ll file a personal injury lawsuit against you and seek compensation in court.
In that case, you could be held liable for any of the following damages:
- Medical expenses
- Future medical care costs
- Vehicle repair costs
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
Paying damages can take a serious toll on your finances. If you’ve been in an accident where you rear-ended another driver, you’ll want to learn more about the legal process and how liability is determined. Informing yourself can help you address these matters and avoid serious outcomes.
Statute of Limitations for Rear-End Accident Claims in Georgia
If you’ve rear-ended someone or if another driver has rear-ended you, it’s important to familiarize yourself with Georgia’s statute of limitations for personal injury suits. Under Georgia Code § 9-3-33 (2020), the plaintiff has two years from the date of the accident to file a civil suit.
If the plaintiff fails to take legal action within the two-year time period, they’ll be barred from pursuing compensation. That means that you may be able to avoid liability for a rear-end accident if the other party fails to file a lawsuit in time. If you are pursuing damages, you’ll want to hire an attorney today and get an early start on your claim.
Reach out to an attorney and schedule a free consultation today to learn more about the statute of limitations and how it might impact your case. A lawyer can answer any questions you have and provide the information you need to deal with the claims process.
Schedule a Free Consultation With a Rear-End Accident Lawyer From Georgia
Dealing with the aftermath of a rear-end accident can be incredibly difficult and stressful. Fortunately, a Georgia car accident lawyer can make the process much simpler. They can investigate your accident, advise you on your legal options, and guide you through the entire legal process.
Contact us today to schedule a free consultation with a trusted Atlanta car accident lawyer. We’ll meet with you for a free, no-obligation consultation and address any concerns about your case. We’ll advise you on whether you can be held liable if you rear-ended someone who stopped suddenly, and we’ll explain any other legal matters you are interested in.