Understanding Rear-End Collisions Caused by Distracted Driving
Being rear-ended is one of the most common types of car accidents, and distracted driving is a leading cause. If you’ve been injured in a rear-end collision caused by a distracted driver, proving fault is essential to securing the compensation you deserve.
In this guide, we’ll break down how to establish liability, the types of evidence that can strengthen your case, and what legal steps you should take to protect your rights.
Why Distracted Driving Leads to Rear-End Collisions
Distracted driving happens when a driver engages in activities that take their attention away from the road. Common distractions include:
- Texting and using a phone
- Adjusting the radio or GPS
- Eating or drinking
- Talking to passengers
- Daydreaming or fatigue
A distracted driver may not react in time to stopped or slowing traffic, resulting in a rear-end crash. In Georgia, drivers are legally required to maintain a safe following distance. Failure to do so is often considered negligence, making the distracted driver liable for the accident.
How to Prove the Other Driver Was at Fault
While rear-end collisions generally place fault on the driver who hit you, you still need strong evidence to support your claim. Here are key pieces of proof that can strengthen your case:
1. Police Report
- When law enforcement arrives at the scene, they will document details about the accident.
- If the officer notes signs of distracted driving (e.g., an open phone app, witness statements), this can help establish fault.
2. Eyewitness Testimony
- Bystanders, passengers, or other drivers may have seen the at-fault driver using their phone or engaging in other distractions.
- Collect names and contact details of witnesses.
3. Traffic Camera or Dashcam Footage
- Many intersections and highways have surveillance cameras that may have captured the accident.
- Dashcam footage from your vehicle or another car can provide clear evidence of distracted driving.
4. Cell Phone Records
- If texting was a suspected factor, your attorney can request the driver’s phone records to show if they were using their device at the time of impact.
5. Accident Reconstruction Experts
- In complex cases, accident reconstruction specialists can analyze vehicle speed, skid marks, and other factors to determine if distraction was a cause.
Steps to Take After a Rear-End Collision
If you’ve been rear-ended by a distracted driver, taking the right steps can protect your claim:
Call 911 and report the accident.
- Ensure law enforcement arrives to document the crash.
- Ask for a copy of the police report for your records.
Seek medical attention even if injuries seem minor.
- Some injuries, such as whiplash, may not appear immediately.
- Keep records of all medical evaluations and treatments.
Take photos and videos of the scene, vehicle damage, and visible injuries.
- Capture images of both vehicles, skid marks, traffic signals, and any road conditions that may have contributed to the accident.
Collect witness statements and contact information.
- Witnesses can provide key testimony if the at-fault driver disputes liability.
- Gather names, phone numbers, and any written statements if possible.
Avoid speaking to insurance adjusters without legal guidance.
- Insurance companies may try to minimize your claim or get you to admit partial fault.
- Direct all communications through your attorney.
Contact a personal injury attorney at Scholle Law to discuss your legal options.
- Our legal team can help gather evidence, negotiate with insurance companies, and ensure you receive full compensation for your damages.
What Compensation Can You Recover?
Victims of rear-end collisions caused by distracted drivers may be entitled to compensation, including:
- Medical expenses (emergency care, ongoing treatment, rehabilitation)
- Lost wages (if injuries prevent you from working)
- Pain and suffering (physical and emotional distress)
- Property damage (repair or replacement of your vehicle)
- Future medical costs (for long-term injuries)
At Scholle Law, we fight to ensure our clients receive the full compensation they deserve.
Why You Need a Personal Injury Attorney
Insurance companies often try to minimize settlements or shift blame onto the victim. An experienced attorney can:
- Investigate the accident and gather crucial evidence.
- Handle all communication with insurance companies.
- Negotiate a fair settlement that covers all damages.
- Take your case to trial if necessary.
Scholle Law has over 27 years of experience helping injured clients in Georgia. We are ready to fight for your rights and ensure you get the compensation you deserve.
What Compensation Can You Recover?
Victims of rear-end collisions caused by distracted drivers may be entitled to compensation, including:
- Medical expenses (emergency care, ongoing treatment, rehabilitation)
- Lost wages (if injuries prevent you from working)
- Pain and suffering (physical and emotional distress)
- Property damage (repair or replacement of your vehicle)
- Future medical costs (for long-term injuries)
At Scholle Law, we fight to ensure our clients receive the full compensation they deserve.
Why You Need a Personal Injury Attorney
Insurance companies often try to minimize settlements or shift blame onto the victim. An experienced attorney can:
- Investigate the accident and gather crucial evidence.
- Handle all communication with insurance companies.
- Negotiate a fair settlement that covers all damages.
- Take your case to trial if necessary.
Scholle Law has over 27 years of experience helping injured clients in Georgia. We are ready to fight for your rights and ensure you get the compensation you deserve.
Frequently Asked Questions (FAQs)
Who is at fault in a rear-end collision?
In most cases, the driver who rear-ends another vehicle is at fault. However, if the front driver was driving recklessly, had malfunctioning brake lights, or stopped suddenly without reason, fault may be shared.
How long do I have to file a claim for a rear-end accident in Georgia?
Georgia’s statute of limitations for personal injury claims is typically two years from the date of the accident. It’s important to act quickly to preserve evidence and strengthen your case.
What if the at-fault driver denies using their phone?
If the at-fault driver denies being distracted, you can use witness statements, dashcam footage, traffic camera evidence, and cell phone records to prove they were texting or using their phone at the time of the accident.
Will my insurance rates go up if I file a claim?
If you were not at fault, your insurance rates typically should not increase. However, this can vary by provider. Consulting with an attorney can help you navigate the claims process and ensure the at-fault party’s insurance covers your damages.
Contact Scholle Law for a Free Consultation
If you were rear-ended by a distracted driver, don’t let the insurance company undervalue your claim. Call Scholle Law today at (866) 592-1296 or visit our website to schedule your free consultation.
We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Don’t wait—protect your rights and get the compensation you deserve!