Rear-end collisions are among the most commonly reported car accidents in Georgia. While they may seem straightforward, determining fault is not always as simple as assuming the driver in the back is automatically to blame. Georgia law looks at the circumstances of each case, and in some situations, both drivers may share responsibility.
Georgia’s General Rule for Rear-End Collisions
Typically, the motorist who crashes into the back of another vehicle is deemed responsible. Georgia traffic laws require drivers to maintain a safe following distance, pay attention to traffic, and operate their vehicles with reasonable care. In a rear-end accident, it often indicates that the driver in the rear neglected one of the following responsibilities.
Exceptions: When the Front Driver May Share Fault
Although the rear driver is often presumed negligent, there are situations where the leading driver could be partially responsible. Examples include:
- Sudden Braking: When the vehicle in front stops abruptly without an apparent reason.
- Malfunctioning Brake Lights: When the front vehicle’s brake lights fail to operate properly.
- Improper Lane Changes: If the driver cuts off another car and immediately slows down.
In these cases, fault may be divided under Georgia’s comparative negligence rule, which reduces compensation based on the percentage of fault assigned.
Comparative Negligence in Georgia
Georgia follows a modified comparative negligence system. This means that as long as you are found less than 50% responsible, you may still pursue compensation, though the amount you receive will be reduced based on your percentage of fault. For example, if you were found 20% at fault for a crash, your compensation would be reduced by 20%.
Proving Fault in a Rear-End Crash
Proving fault in a rear-end crash often depends on the strength of the evidence presented. Useful forms of proof may include:
- Police reports
- Eyewitness statements
- Traffic camera or dashcam footage
- Vehicle damage analysis
- Cell phone records (to show distracted driving)
Actions to Take After a Rear-End Collision in Georgia
If you’ve been rear-ended, protect your rights by:
- Calling the police and getting an accident report.
- Taking photos of the scene, vehicles, and injuries.
- Seeking medical care immediately—even for minor pain.
- Avoid giving statements to the insurance company until you’ve consulted with an attorney.
Speak with a Georgia Car Accident Lawyer
Rear-end collision fault in Georgia is not always cut and dry. Insurance companies frequently attempt to reduce payouts or assign fault elsewhere to limit the compensation they provide. A skilled Georgia car accident lawyer can thoroughly investigate your accident, collect the necessary evidence, and work to secure compensation for your medical expenses, lost income, and pain and suffering.
