Who Is at Fault in a Rear-End Collision in Georgia?
In Georgia, the rear driver is presumed at fault based on the duty to maintain safe following distance under O.C.G.A. Section 40-6-49. However, this presumption is rebuttable.
The Presumption of Rear Driver Fault
Georgia courts presume the following driver was negligent: following too closely, inattention, inadequate stopping distance, or excessive speed. The rear driver bears the burden of proving otherwise.
When the Lead Driver May Share Fault
- Brake-checking
- Broken brake lights
- Sudden lane change and immediate braking
- Reversing in traffic
- Disabled vehicle without hazard lights (O.C.G.A. Section 40-6-207)
Common Injuries
Whiplash, herniated discs, concussion/TBI, facial injuries, wrist injuries, chest injuries from seatbelt loading.
Maximizing Your Claim
- Get a police report
- Photograph all vehicle damage
- Seek immediate medical attention
- Do not accept the first offer
- Report delayed symptoms promptly
Contact the Wetherington Law Firm
If you or a loved one were injured in a car accident in Georgia, contact the Wetherington Law Firm today for a free, confidential consultation. Our experienced attorneys have the resources and knowledge to investigate your claim, build a strong case, and fight aggressively for the full compensation you deserve. We work exclusively on contingency, meaning you pay nothing unless we win your case.
Call now: (404) 888-4444 | (404) 793-1667 | Free consultation