Rear-end collisions can cause serious injuries, leaving you with an uncertain recovery time and mounting medical costs. In Tennessee, you may be eligible to recover compensation for your medical costs and other damages.
When you call Massey & Associates, P.C., you can learn more about your legal options after a rear-end car accident caused by another driver’s negligence. Our experienced Chattanooga car accident attorneys help injured victims every day and we are ready to help you too. Call our trusted law firm today to discuss your situation in a free, no-risk case review. If you have a case and we represent you, there are no upfront costs or fees to pay.
Request a FREE case review today. Call: (423) 396-0720
Who May Be At Fault for a Rear-End Car Accident?
The driver who hits the back of another vehicle is often the at-fault party for failing to drive safely. Often these drivers follow too closely to stop in time, take their eyes off the road to check their phones, or drive too fast for road, weather or traffic conditions. We also see many cases where drivers plow into the back of another vehicle because they are impaired by alcohol, fatigued from long hours behind the wheel, or simply not paying attention to slowing traffic ahead.
Drivers are required to remain alert and maintain enough space to react to sudden stops. When rear drivers tailgate, speed, drive distracted or operate their vehicle while impaired, they cannot respond quickly enough to prevent a collision.
Is the Driver in Back Always At-Fault if a Rear-End Crash Occurs?
While rear drivers typically carry blame in most rear-end accidents, they are not automatically at fault in every crash. Tennessee law recognizes several situations where the front driver bears full or partial responsibility, such as reversing without warning, brake-checking the car behind them, merging suddenly without proper space, or driving with broken brake lights. Insurance companies investigate these specific factors before determining fault, rather than automatically blaming the rear driver.
Types of Compensation Available for Rear-End Accident Victims
Victims of rear-end accidents may be eligible to recover compensation to help them recover from both physical injuries and financial losses incurred due to the collision. The overall value of your claim depends on many factors, including the extent and severity of your injuries and how they impact your quality of life.
You may be eligible to recover compensation for these and other damages:
- Medical Costs: Covers present and future medical care related to car accident that caused your injuries, including emergency care, ongoing treatments, physical therapy and potential future medical needs related to the accident.
- Lost Wages: Provides for income lost if you had to miss work while recovering from your injuries. It can also provide for future income if your injuries prevent from returning to work or require you to make a career change.
- Property Damage: Enables you to repair or replace your damaged vehicle and any valuable personal items inside at the time of the crash.
- Pain and Suffering: These damages account for physical pain, emotional distress and other impacts to your quality of life.
- Loss of Consortium: This compensation is for the impact your injuries have on your relationship with your spouse or other family members.
Common Injuries in Chattanooga Rear-End Accidents
Rear-end collisions in Chattanooga have the potential to result in serious injuries that can have long-lasting effects on victims’ health and well-being. The sudden impact from behind can cause various types of trauma, even at relatively low speeds.
- Whiplash: Even a lower speed rear-end collision can cause your head to violently snap forward and back, straining your neck muscles, tendons and ligaments. This injury often leads to chronic neck pain.
- Lower Back Injuries: The force of a crash can compress your spine, damaging discs and nerves in your lower back, resulting in herniated discs or other lower back injuries.
- Concussion: If the impact is enough to cause your brain to strike the inside of your skull, you could suffer a concussion or more severe traumatic brain injuries. These injuries are dangerous because symptoms may not appear right away, often developing hours or days after the crash.
- TMJ (Temporomandibular Joint) Injury: If the impact forces your jaw to clench, it can damage the joint where your jaw connects to your skull, causing intense jaw pain and headaches.
- Seat Belt Injuries: The restraint tightens across your chest and shoulder during impact, causing deep tissue damage and internal bruising beneath the belt line.
- Face and Head Trauma: Airbag deployment causes burns, bruising, and potential facial fractures when your face strikes the bag at high speed.
What Evidence Can Help Support a Rear-End Crash Claim?
After being rear-ended in Chattanooga, the right evidence can help strengthen your case and protect your right to compensation. While rear-end crashes might seem straightforward, there are always multiple factors to consider. Insurance companies require specific proof to verify your claim and determine the full value of your damages.
Gathering evidence, like police reports, photos and witness statements, are important steps in every car accident claim. However, rear-end collisions present specific types of evidence that could significantly strengthen your legal claim and help you to recover the compensation you need.
Skid Mark Evidence
Skid marks – or their absence – tell a crucial story in rear-end crashes. No skid marks often indicate the other driver never attempted to stop, strengthening your claim that they were distracted or following too closely.
Rear Bumper Impact Analysis
The location and angle of impact on your rear bumper can prove you were properly stopped and that the other driver hit you squarely from behind, helping defeat claims that you reversed or changed lanes suddenly.
Dash Cam Footage of Following Distance and Fraudulent Claims
If you have a dash cam with a rear-facing camera, footage showing the other driver tailgating before impact strongly supports your case. Equally important, if you have a front-facing dash cam, your footage can protect you from a fraudulent claim if a driver deliberately backed into your vehicle and tried to blame you for the crash. Even a few seconds of pre-crash footage can expose insurance fraud and prove you were the victim, not the at-fault driver.
Cell Phone Records
Obtaining the other driver’s cell phone records through legal channels can reveal if they were texting or using their phone right before they rear-ended your vehicle – a common cause of these crashes.
Paint Transfer Documentation
Detailed photos of paint transferred from the other vehicle to your rear bumper help establish the exact point of impact and counter claims that you backed into them.
Vehicle “Black Box” Data
Many newer vehicles today may have an event data recorder (EDR). This “black box” records speed, brake application and other crucial data seconds before impact. This evidence is admissible in a Tennessee court of law and can help to build a strong case.
Important Deadlines for Filing Your Chattanooga Car Accident Claim
Under Tennessee’s statute of limitations, you have a year from the date of the crash to file a personal injury lawsuit to recover compensation for your medical costs, lost wages and other damages. Compared to other states, this is a pretty short time frame, which is why we strongly recommend seeking legal help as soon after the crash as possible. If you miss this deadline, you will likely be barred from recovering any compensation for your damages.
Waiting to file a lawsuit also makes it harder to gather evidence. Video footage quickly gets lost or overwritten if there has been no legal request to preserve that evidence. Credible witnesses will soon forget key details about what happened as they have no vested interest in your case.
Contact A Dedicated Car Accident Attorney Today
If you have been rear-ended in Chattanooga, you potentially hold grounds for a legal claim, especially under Tennessee’s fault-based insurance system. Experienced legal guidance can make a critical difference in securing the compensation you need for your injuries and damages.
At Massey & Associates, P.C., our dedicated car accident attorneys will evaluate your case and fight for the full compensation you deserve. Take the first step toward protecting your rights in a free consultation where we can discuss your legal options to secure compensation.
Experienced Lawyers. Proven Results. Call: (423) 396-0720
Gary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.