There isn’t much that’s more jarring than the sudden screech of tires followed by a violent impact from behind. Whether you’re stuck in stop-and-go traffic on the Downtown Connector or navigating surface streets in Buckhead, a rear-end collision leaves you shaken, in pain, and immediately worried about the future.
At Acosta Injury Law, we understand that the physical pain of whiplash or spinal injuries is often matched by the emotional stress of dealing with aggressive insurance adjusters. You shouldn’t have to carry that burden alone.
Is the Rear Driver Always at Fault in Georgia?
A common misconception among Atlanta drivers is that the vehicle in the rear is automatically and permanently 100% at fault. While this is the general assumption, it is not an absolute rule.
The Legal Standard: “Following Too Closely”
Under O.C.G.A. § 40-6-49, Georgia law requires drivers to maintain a “reasonable and prudent” distance. If you hit the car in front of you, the law creates a “rebuttable presumption” of negligence—meaning the court assumes you are at fault unless you can prove otherwise.
When the Lead Driver Shares the Blame
Liability isn’t always black and white. You can challenge this presumption if the lead driver acted negligently. Common defenses include:
- Sudden, unjustified stops: Slamming on brakes with no traffic hazard present (“brake checking”).
- Malfunctioning equipment: If the lead car’s brake lights were broken, you couldn’t know they were stopping.
- Unsafe lane changes: A driver cutting you off and immediately braking (“swoop and squat”).
Understanding Georgia’s Comparative Negligence
Insurance adjusters are trained to find cracks in your case to devalue your claim. They often use Georgia’s modified comparative negligence rule.
This rule states that if you are found to be 50% or more at fault, you cannot recover any damages. Even if you are less than 50% at fault, your compensation is reduced by your percentage of blame. For example, if you are found to be 20% responsible for a crash caused by a distraction, your payout will be reduced by 20%.
Don’t Navigate Insurance Disputes Alone
You deserve an advocate who fights with integrity for the Atlanta community. If you’ve been injured, Acosta Injury Law is here 24/7 to hear your story and protect your future.
Call us today at (404) 476-4477 for a free consultation—se habla español.
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