Rear End Collision
Rear end collisions are among the most common types of motor vehicle accidents anywhere in the United States. It is common knowledge that there is not a city or community in the United States that escapes the plague of rear enders during the early morning and late afternoon rush hours when the motoring traffic is stacked up bumper to bumper. These types of rear end collisions frequently result in neck and back sprains/strains and personal injury attorneys need to master the medical aspects and mechanisms of these types of soft tissue injuries. On many occasions, the initial rear end collision is the triggering factor for a series of other mishaps to other motorists behind the initial offending driver. An experienced personal injury trial attorney handling these types of chain reaction rear end collisions requires a complete familiarity with the legal issues of proximate cause and intervening cause. There is a tremendous amount of Georgia case law touching upon the subject of rear end collisions. Such collisions require serious trial strategy from an experienced personal injury trial attorney with a deep study of the law and the particular facts of each case. Georgia law regarding the duty of a driver involved in a rear end collision is governed under O.C.G.A. Section 4–6-49 which states :
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any motor vehicle which is drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(c) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This subsection shall not apply to funeral processions, parades, or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency.
(d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following for purposes of this Code section.
At Falanga and Chalker we work hard to get our clients full, fair and complete settlements for their personal injury or wrongful death claims. For a further explanation of your rights and remedies in a rear end collision claim, please call our office or fill out the contact form on this web site as expert legal help is on it’s way.