There are approximately 1.7 million rear-end collisions across the country each year. Fender benders are a common occurrence on Tennessee’s roads and highways, especially during rush hour. A rear-end auto accident involves two vehicles headed in the same direction, in which the front of the trailing car strikes the back of the leading vehicle.
Luckily, a victim of a rear-end collision in Manchester or other parts of Tennessee may be able to pursue a personal injury claim in order to recover various types of compensation for their injury.
Causes of Rear-End Collisions in Tennessee
Typically, a rear-end collision occurs due to the combination of the sudden deceleration of the front vehicle and the lack of braking response time. Rear-end crashes are caused by:
- Driver’s error
- Distracted driving
- Failure to maintain a safe distance
- Aggressive driving
- Drunk driving (DUI)
- Failure to obey traffic rules
- Faulty brake lights
- Defective brakes
- Wildlife crossing the road
- A pedestrian running into the street
- Poor road conditions
- Bad weather conditions
Injuries from Rear-End Collisions
Generally, rear-end accidents occur at low speeds, which means injuries resulting from these collisions are rarely severe, though there are exceptions. The most common types of injuries associated with rear-end crashes include:
- Facial and head injuries due to the airbag
- Traumatic brain injury
- Closed head injuries and concussions
- Back and neck injuries
- Nerve damage in the legs or back
- Ankle and knee injuries
- Spinal cord injuries
- Internal organ damage
Determining Fault in Rear-End Accidents in Tennessee
Ever since Tennessee law adopted a comparative fault system, judges have begun to look at each party’s comparative fault in car accidents. Courts will determine each driver’s percentage of fault to limit their compensation by that percentage.
For instance, if the leading motorist hit the brakes suddenly for no particular reason, which caused a vehicle behind to crash into the back of the first car, a judge may assign 80% of the fault to the leading driver and 20% to the trailing motorist who did not maintain a safe distance.
In this scenario, the driver of the leading vehicle will be entitled to only 20% of their damages, while the second motorist will be able to recover 80% of the damages through a personal injury claim.
Note: If it is a 50-50 accident that involves only two parties, neither party may recover damages as Tennessee law requires a driver to prove that the other party was at least 51% at fault to seek compensation.
Under Tennessee Code Annotated Section 55-8-124, it is prohibited to follow a car “more closely than is reasonable and prudent” based on such factors as:
- Other road conditions
Also, Tennessee Code Annotated Section 55-8-136 requires drivers to devote full time and attention to operating their vehicle to avoid collisions. These two laws are often applicable in rear-end accidents in Tennessee when it comes to determining liability.
Contact a knowledgeable rear-end collision attorney in Manchester or other parts of Tennessee to establish fault in your accident. Let our results-driven personal injury lawyers at the Law Offices of Burch & Lockhart help you obtain compensation on your behalf. Call at 931-723-7997 to receive a consultation.