In 2017, more than seven percent of all fatal crashes in the U.S. were rear-end collisions, according to the Insurance Information Institute (III). If you or a loved one suffered injuries in a rear-end collision that was not your fault, you may be entitled to compensation for medical bills, lost income, property damage and more. A Nashville rear-end collisions lawyer may be able to file a personal injury claim on your behalf. Call Ben Crump Law, PLLC today at 800-598-7557 to discuss the details of your case with a member of our team at no cost to you.
Common Causes of Rear-End Collisions
Rear-end collisions are very common in the United States. There are about 1.7 million rear-end collisions on our roadways every year according to a Washington Post report. One of the most common reasons these types of accidents happen is due to distracted driving. Distracted driving occurs when the driver’s attention is on something other than the road ahead. Distracted driving can be:
- Talking or texting on a cell phone
- Adjusting the stereo or navigation system (GPS)
- Tending to other passengers or pets in the vehicle
- Eating or drinking
- Applying makeup
Basically, anything that diverts your attention from driving can be considered a dangerous distraction. An alarming fact noted by the National Highway Transportation Safety Administration (NHTSA) states that composing or reading a text message removes your eyes from the road for about five seconds. If you are traveling at 55 miles per hour, that is like driving the length of a football field with your eyes closed.
Another possible contributing factor for rear-end collisions is tailgating. This is when a driver gets dangerously close to the vehicle in front of him or her. If the vehicle in front stops suddenly, the chance of a collision occurring greatly increases. Tailgating can be a symptom of road rage, which can end in a serious or even fatal accident.
If you were injured in a rear-end collision that the actions of another driver caused, you may be eligible for compensation for your losses and damages. A Nashville rear-end collisions lawyer at Ben Crump Law, PLLC may be able to help you file a claim and build a strong case against the responsible driver.
For a free legal consultation with a rear-end collisions lawyer serving Nashville, call 800-959-1444
Determining Who Is Negligent in a Rear-End Collision
If you choose to file a personal injury claim or lawsuit against the other driver in your rear-end collision accident, you will have to be able to prove the other driver was negligent in order to be successful in your case. There are four elements of negligence you or your attorney would need to prove. They are:
- Duty of care: the other driver owed you and other drivers a duty of care to act in a safe manner and not take any actions to put you or others in harm’s way.
- Breach of duty: the other driver breached that duty of care when they were negligent (e.g. they were distracted or tailgated your car) and slammed into the back of your car.
- Causation: that violation caused your injuries and other damages.
- Damages: you suffered damages as a result (medical expenses, lost income, a totaled car, etc.).
In a rear-end collision, it may seem pretty clear to you, the victim, that the other driver was at fault for the accident. However, deciding who is at fault from a legal standpoint is not always clear.
The state of Tennessee follows a modified comparative negligence rule, which means both sides involved in an accident may be assessed a percentage of blame. The good news is that even if you are found to be partly responsible for the crash, you could still recover awards in a civil suit. The difference is your award will be deducted according to the amount of fault you share. In other words, if you are found to be 10% responsible, your award will be reduced by 10% of the total amount. It is important to note, your share of liability cannot exceed 50% in order to recover any compensation from the at-fault party.
Nashville Rear-End Collisions Lawyer Near Me 800-959-1444
What a Nashville Rear-End Collisions Lawyer May Do for You
In order to prove the other driver’s negligence caused the accident that led to your damages and losses, it is critical to build a strong case. When you hire a personal injury attorney to handle your case, he or she may do the following while you focus on your recovery:
- Gather evidence to support your claim (this includes medical records, the police report, eyewitness testimony, and pictures and video from the accident scene).
- Hire expert witnesses to reconstruct the accident if necessary
- Negotiate with the insurance company
- Take your case to trial if necessary
- File all pertinent documents with the proper court in a timely manner
In Tennessee, the statute of limitations to file a personal injury lawsuit is within one year of the date of the injury, according to Tennessee Code § 28-3-104. It is critical to file the proper paperwork before time runs out, or your lawsuit may be dismissed.
Contact Ben Crump Law, PLLC Today
It is our mission to protect the legal rights of our clients. You should not have to bear the emotional or financial burden of an accident that was not your fault. Call Ben Crump Law, PLLC today at 800-598-7557 for a free case evaluation. A member of our team is standing by to discuss the details of your rear-end collision and what legal recourse you may have to hold the negligent driver responsible.