Rear-End Car Accidents in Red Bank

While many people assume rear-end car accidents in Red Bank are simply minor fender-benders and the person behind the lead car is always responsible, neither are true. Sometimes, the driver of the lead car contributes to the damage, and even seemingly minor collisions can impact the body’s soft tissues and require immediate medical attention.

If you are harmed in a back-end crash, you should consult with an experienced motor vehicle wreck attorney to seek compensation for your injuries.

Types of Rear-End Auto Collisions

A driver who rear-ends another driver is usually at fault for the accident—but may share blame if the lead driver impulsively puts a car in reverse or has brake lights that do not work. Some common causes of backside accidents include:

  • Driving at higher speeds and following too closely behind another vehicle so if the lead vehicle suddenly brakes, the other vehicle does not have enough room to brake and stop
  • Distracted driving
  • Exceeding the speed limit and plowing into the lead car
  • Losing control during bad weather or hazardous road conditions
  • Purposely tailgating

The National Safety Council estimates that 29 percent of all auto accidents are caused by rear-end collisions. Injuries from these crashes can be devastating, and might include:

  • Whiplash
  • Head and neck trauma
  • Broken bones
  • Organ damage

A hit from behind can also cause the lead driver to lose control, exacerbating injuries and putting others on the road at risk. After a rear-end wreck in Red Bank, speak with a knowledgeable personal injury attorney to discuss compensation.

Breaking Down the Elements of Negligence

When a driver rear-ends and injures another driver, the injured party will first look toward an insurance settlement. Tennessee is an at-fault state, which means the injured party will seek financial recovery from the at-fault driver’s insurance carrier.

Insurance negotiations are best left in the capable hands of an injury attorney familiar with the process. Insurance companies are in business to make a profit and will try to minimize an injured party’s claim. If a settlement offer is inadequate, a personal injury lawsuit can be filed based on negligence.

Plaintiffs must prove the elements of negligence before a jury will award damages for their losses. Motorists have a duty to others on the road to act reasonably. If they drive irresponsibly and are the cause-in-fact and proximate cause of a plaintiff’s injuries, they will be held liable for the damages suffered.

Two Faces of Cause

Proximate cause means the injuries sustained in an accident are reasonably foreseeable, considering the offending driver’s behavior. The cause-in-fact is the ‘but for’ test; the injuries would not have occurred but for the defendant’s behavior. A seasoned rear-end car accident lawyer in Red Bank could determine if all the elements of negligence are met.

Modified Comparative Negligence Rule in Tennessee

An injured victim may be partly responsible for a back-end car crash, but in Red Bank, recovering a damages award is still possible. Under Tennessee Code Annotated § 29-11-103, an injured person is subject to the modified comparative negligence rule, in which recovery is possible if the plaintiff is less responsible than the defendant. A damages award will be reduced by the percentage the victim is negligent.

For example, if the plaintiff’s brake lights do not work and the defendant—drunk and speeding—does not stop in time to avoid a crash, the jury will reduce the award by the percentage the non-functioning brake lights contributed to the accident. If they assign 30 percent blame to the plaintiff and award $100,000, the plaintiff will realize $70,000.

Call a Red Bank Attorney to Discuss Your Rear-End Car Accident Claim

You have a lot to deal with after being hurt in a car accident. You face mounting medical and household bills if you cannot work, and your pain may be keeping you from enjoying life as you used to. You should be compensated for your losses if another driver puts you in this situation.

Call today and allow a diligent legal professional to review the circumstances of your case. They could examine medical and police reports, talk to witnesses, and review surveillance and cell phone videos and photos. Our team is dedicated to getting you the compensation you are entitled to after being involved in a rear-end car accident in Red Bank.

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