Rear-end crashes are the most common car accident. Ranging from minor fender benders to deadly serious collisions, these accidents can forever change lives. State law allows car accident victims in Franklin, Tennessee to seek compensation from the person responsible for their wreck. If you or someone you love suffered an injury in a car accident, a Franklin rear end collision lawyer may be able to help you pursue legal action against the at-fault driver. Injured in a rear end collision accident? Seek medical attention immediately.
If you suffered an injury call 615-422-7171 or request a free case review so George Angelopoulos can get started today.
A basic rule of the road requires a drivers to maintain control of their vehicle. A driver who cannot stop to avoid a rear-end auto accident is not maintaining control therefore breached a duty to the driver ahead and is usually liable for damages. Another basic safety rule is to keep a proper lookout of the road ahead. A quick glance at a smartphone seems harmless, but taking one’s eyes off the road for even a moment can change the life of someone hit from behind.
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1. How much compensation will I get for a rear end collision settlement?
2. Who is at fault in a Tennessee rear end collision?
3. Can I recover money if I was partly at fault for a rear end collision?
4. What if I was rear ended by an uninsured driver in Tennessee?
5. Do I need a lawyer to get a Tennessee rear end collision settlement?
How much compensation will I get for a rear end collision settlement?
Assuming a full recovery, no lost wages and clear third party fault then example of Tennessee rear end collision settlement ranges could be:
- $7,500 – $15,000 represents minimal soft tissue only injuries with diagnostic evaluations and no therapy.
- $15,000 – $50,000 represents soft tissue only injuries with emergency transport to the hospital, diagnostic care and followup therapy or rehabilitation.
- $50,000+ represents serious rear end car accident injuries. Specialist evaluations, enhanced diagnostic treatment, organic injuries and extensive therapy.
Every rear end collision settlement is determined by the nature, severity, extent and medical care from a car accident. Whether a full recovery is possible, extent of medical bills, expenses, lost wages and how the rear end wreck impacted on your life determines damages.
Damages from a hit from behind car wreck include any costs and losses from the car wreck. Examples:
- Medical Bills,
- Physical or Occupational Therapy,
- Prescription Drugs,
- Medical Supplies,
- Lost Wages,
- Lost Earning Capacity,
- Loss of Consortium,
- Disfigurement or Scarring, and
- Pain and Suffering.
Who is at fault in a Tennessee rear end collision?
In most rear end accidents the rear driver is at fault, but this is not automatic. The lead driver, another vehicle or third party could cause a rear-end accident. If the front vehicle suddenly merges into the rear driver’s lane (cuts them off), then the merging driver could be partly or completely at fault. Further, the driver ahead may be liable for a rear-end accident if their tail or brake lights are not working. Tennessee law recognizes that more than one person can be liable for a rear end accident.
Determining fault is important because it determines who must pay for damages. Fault is determined by negligence. Under negligence laws, the driver who breached their duty to the other driver is liable for damages they cause. In a rear-end traffic collision, a negligent driver is liable to any injured drivers or passengers.
Tennessee law requires drivers to act reasonable and prevent accidents. Examples include driving at a safe speed, maintaining a safe distance from vehicles ahead and keeping a proper lookout. In most scenarios a safe driver who is rear-ended will not be at fault. Every case requires careful consideration.
Fault or causation in rear end collisions can be shown through traffic law violations. Tennessee has specific rules to prevent rear end car wrecks. TCA 55-8-124, makes it illegal to follow to closely based on speed, traffic and other conditions. Another law, TCA 55-8-136, mandates that vehicle operators must exercise due care to avoid hurting other drivers. Failure for other drivers to follow the law can help establish Tennessee rear end collision liability.
Can I recover money if I was partly at fault for a rear end collision?
Yes, you can recover money if you are partly at fault for a rear end collision. Tennessee is a comparative fault state. This means you must be less at fault than the other driver in a rear end collision to recover compensation. As an example: Front driver sustained $10k in damages, but was 20% at fault compared to the rear driver’s 80% fault. Barring outside facts front driver would recover $8k (80% of his $10,000 damage). A small amount of negligence will not preclude money damages in a rear end car accident settlement.
What if I was rear ended by an uninsured driver in Tennessee?
Auto insurance may include Uninsured Motorist Coverage that will protect drivers and passengers who are rear ended by an uninsured driver in Tennessee. Your policy can provide coverage for your vehicle damage and occupant personal injury.
Tennessee insurance polices include Uninsured Motorist Coverage unless it is specifically denied in writing. If an injured party does not have Uninsured Motorist Insurance they could file a personal injury lawsuit against the at fault uninsured driver. However, recovery would be limited to the at fault driver’s assets less the $10,000 statutory judgment exemption afforded to all citizens. Unfortunately, those without liability insurance usually do not have significant assets or are judgment proof meaning they have no assets to pay for any damages.
Tennessee law requires minimum liability insurance coverage:
- $25,000 for injury to one person.
- $50,000 for injury to more than one person.
- $15,000 for property damage.
Some drivers only carry these minimum insurance limits that may not make your whole after a rear end collision. Your Uninsured Motorist coverage could cover the difference. For example: If one person sustained $40,000 in damages from a rear end collision and the at fault driver had minimum limits of $25,000 then the injured person would be $15,000 short of being made whole. If the injured person has Uninsured Motorist Coverage then their policy will fill in the $15,000 gap up to the limits of their policy. Insurance policies are discussed in more detail.
Do I need a lawyer to get a settlement?
A lawyer is not required to get a Tennessee rear end collision settlement. However, having an experienced car accident lawyer in your corner will likely improve your outcome and definitely make the recovery process easier. The Insurance Research Council’s ‘Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs’ found 85% of all personal injury dollars are paid to those who hired a lawyer. According to the Consumer Panel Survey of Car Accident Victims, ‘Paying for Auto Injuries,’ car accident settlements were 40% higher with the assistance of a lawyer than without representation.
The insurance company wants to save money. Paying out a small amount improves their profits. Many drivers think they can handle an accident claim on their own. Don’t forget the insurance adjuster works for the insurance company. Don’t accept the initial settlement offer without talking to a trusted car accident lawyer.
Benefit of a Franklin Rear-End Collision Attorney
Accidents happen, but victims should not have to bear the weight of another person’s mistakes. Fortunately, personal injury law in Franklin, Tennessee allows victims to pursue damages from the at-fault driver. This is often a complicated process and not something to take on without legal assistance, but a Franklin rear-end collision lawyer could help you through it every step of the way.
Franklin rear end collision lawyer George Angelopoulos will not play insurance games. Rear end car accidents can result in serious injuries or fatalities. If you have suffered an injury or have lost a loved one, you should call 615-422-7171 or request a free car wreck injury review so we can get started today. George can assess your claim today.