Nashville Rear End Collision Attorney

Fighting For Rear End Collision Accident Victims in Tennessee

Determining rear end collision fault may seem simple. Most people assume the driver who hit the back of the lead car, or the car in front, is always to blame. However, that is not always the case. The driver of the lead car can be found liable for the damages as well, or both drivers may be held accountable for a portion of the crash. After an accident, you need an experienced auto accident lawyer to investigate and help determine who is at fault for the crash.

Nashville personal injury attorney Stanley A. Davis has faith in justice. He devotes his practice to helping his Tennessee neighbors seek compensation for car accident injuries. In one recent rear end collision case, Stanley Davis was able to secure a $1 million settlement for a client rear ended by a drunk driver in Rutherford County. If you or a loved one has been involved in a rear end collision accident, attorney Stanley Davis can help.

Call the Law Office of Stanley A. Davis today at (615) 866-3938 or contact us online to schedule a consultation with our rear end collision lawyer in Nashville.

Is the Lead Driver Ever at Fault for Rear End Collisions?

Rear end collisions are among the most common types of car crashes in the U.S., causing thousands of serious personal injuries each year. Even soft tissue injuries and whiplash from being rear-ended can cause lasting pain. Read end accidents can happen anywhere: at stop signs, traffic lights, in parking lots, on highways, and country roads. Many assume the driver who is rear ended is automatically the victim and the other driver is automatically to blame. However, determining rear end collision fault is rarely so simple.

Under Tennessee accident law, a lead driver may be to blame or partially to blame for rear end collisions when:

• The driver’s brake lights are not working. If the crash could have been prevented by working taillights, then the lead driver may be at least partially at fault for the crash.
• The driver swerves in front of another car. Often, the following car will be able to slow down enough to reestablish safe traveling distance after swerving. However, sometimes a crash in inevitable. If a rear end collision results from one driver cutting off another, the lead driver may be found responsible for a percentage of the crash.
• The driver reverses into the following car. This kind of accident is most common in parking lots or at stops after a lead car reverses. In this case, the lead driver may be found to be 100 percent at fault, especially if the following car was not moving at all.

When Is the Rear Ending Driver at Fault for the Crash?

The driver of the lead car can be held responsible for causing or contributing to the crash. Still, the second driver is often at least partially to blame as well. The driver who rear ended the lead car may be at fault or partially at fault when:

• The driver is speeding. Traveling faster than the speed limit decreases the chances that a driver speeding will be able to stop in time to prevent a crash if another car suddenly brakes.
• The driver fails to brake because he or she is distracted. A driver is expected to be mindful of any potential hazards on the road. However, if a driver is distracted by a cellphone, the radio or a passenger, he or she may not notice the lead car slowing down or stopping until it is too late to prevent an rear end accident.
• The driver does not yield right of way. Drivers must slow or stop to allow another vehicle the right of way at a turn or merge point. If a driver fails to yield, he or she may be responsible if a rear end collision results.
• The driver does not maintain a safe following distance. Drivers should keep enough distance between the front of their car and the vehicle ahead to allow them time to stop in an emergency situation. If the second driver follows too closely, a collision will probably be found to be mostly his or her fault.

Who Is at Fault in a Multiple Car Collision?

Rear end collisions typically involve just two cars. However, if they happen in a busy area, during a traffic jam, or at a stop sign or light, it is possible for many cars to be involved. If one car rear-ends another car, it is possible for the lead car to then hit the vehicle in front of it as well, causing two rear end collisions. The driver at fault for the original crash is usually accountable for the rear end collision damage to all vehicles. This means that the at-fault driver’s insurance provider should pay for your injuries and damages.

Rear end crashes and multiple car collisions can be confusing. Tennessee follows a modified comparative fault rule to determine responsibility for a crash and the damages that result. In modified comparative fault, a judge or jury will determine what percentage of the crash each driver is responsible for. Then, you are only able to seek damages for the percent of the crash, which was not your fault. However, in Tennessee, if you are at fault for 50 percent or more of the wreck, then you cannot seek compensation at all.

What Damages Could Be Recovered in a Rear End Collision Accident Claim?

Understanding what compensation may be available can help you navigate the legal process more effectively.

Economic Damages

Economic damages are designed to cover the financial costs directly related to the accident. These may include:

• Medical Expenses: Medical bills often account for a significant portion of the damages in a rear-end collision claim. This often includes costs for emergency room visits, surgeries, hospital stays, physical therapy, medications, and ongoing medical care.
• Lost Wages: If your injuries stop you from working temporarily or permanently, you could be able to recover compensation for lost wages. This can include not only the earnings you’ve already lost but also future earnings if your ability to work has been impacted long-term.
• Property Damage: Rear-end collisions often result in significant vehicle damage. Compensation can cover the cost of repairing or replacing your vehicle, as well as any other personal property damaged in the accident.
• Rehabilitation and Ongoing Care: In severe cases, victims could require ongoing care, like physical therapy or occupational therapy. These long-term medical needs can be included in the compensation.

Non-Economic Damages

Non-economic damages are more subjective and cover the emotional and psychological toll of a rear-end collision. These may include the following:

• Pain and Suffering: This often refers to the physical pain and discomfort caused by the injuries that were sustained in the accident.
• Emotional Distress: Rear-end collisions can leave victims dealing with emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: In cases where your injuries stop you from enjoying activities or hobbies that were once a significant part of your life, you may be entitled to compensation for the loss of enjoyment.

In some instances, victims may also be granted punitive damages. These are meant to penalize the at-fault driver for particularly reckless or malicious behavior, such as driving under the influence or excessive speeding.

FAQ: Nashville Rear-End Collision Accidents

1. What should I do immediately after a rear-end collision accident?

• Ensure everyone is safe and call emergency services if needed.
• Exchange contact and insurance information with the other driver(s).
• Document the scene with photos or videos, including vehicle damage and road conditions.
• Obtain witness statements and contact details, if possible.
• Seek medical attention, even if you don’t feel injured right away.
• Contact an experienced rear-end collision attorney to protect your rights.

2. Is the rear driver always at fault in a rear-end collision?

No, the rear driver is not always at fault. While they are often presumed to be responsible, the lead driver may also share or bear full liability in cases involving:

• Malfunctioning brake lights.
• Sudden and unsafe lane changes or swerving.
• Reversing into the following car.

3. How is fault determined in a rear-end collision?

Fault is determined based on evidence such as:

• Police reports.
• Witness statements.
• Dashcam or surveillance footage.
• Accident reconstruction analysis.
  Tennessee’s modified comparative fault rule allows victims to recover damages if they are less than 50% at fault for the accident.

4. What compensation can I recover after a rear-end collision?

You may recover both economic and non-economic damages, including:

• Economic Damages: Medical expenses, lost wages, property damage, and rehabilitation costs.
• Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  In some cases, punitive damages may be awarded if the at-fault driver exhibited reckless or malicious behavior.

5. What happens in a multiple-car rear-end collision?

In a chain-reaction crash, the driver responsible for the initial collision is usually held liable for all resulting damages. However, each driver’s percentage of fault may be determined under Tennessee's comparative fault system, which can affect compensation.

6. How long do I have to file a claim for a rear-end collision in Tennessee?

The statute of limitations for personal injury claims in Tennessee is typically one year from the date of the accident. Claims for property damage generally have a longer deadline. It's important to consult with an attorney as soon as possible to avoid missing critical deadlines.

7. What should I do if the at-fault driver’s insurance company contacts me?

Avoid providing detailed statements or accepting a settlement offer without consulting an attorney. Insurance companies often try to minimize payouts, and a lawyer can help ensure you receive fair compensation. 

Contact Our Nashville Rear End Collision Lawyer Today

Any type of car accident can be a frightening experience. Afterward, you may want to do nothing more than focus on healing from any accident injuries you sustained. However, valuable evidence disappears quickly after an accident. Attorney Stanley Davis can start an investigation while you or your loved one is recuperating. He knows what to look for to help you prove your case because he has investigated hundreds of crashes in the Northeast Tennessee area. If you were rear ended in an accident, our Tennessee car accident attorney is ready to help.

With offices in Brentwood and Nashville, Tennessee Stanley and his supporting staff are uniquely positioned to serve clients in Nashville and other nearby cities such as Franklin, Gallatin and Madison.

Contact us online or call our Nashville rear end collision attorney at our office to schedule a free, no obligation consultation today.