Rear-end collisions are one of the most common types of auto accidents, making up nearly 30 percent of all injury-causing traffic crashes. Because they often happen at low speeds, many people dismiss rear-end collisions as not serious. The reality is that rear-end collisions can cause severe medical complications, even at relatively low velocities. If you have sustained injuries in a rear-end collision in Tennessee due to a negligent driver, contact the traffic accident attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC. We can help you file a claim for financial compensation for your injury-related losses.
Common Rear-End Collision Injuries
Rear-end collisions run the gamut between minor fender-benders and high-speed, destructive crashes. However, even a minor rear-end collision can cause painful and lasting injuries. Two of the most common rear-end collision injuries are whiplash and spinal cord compression. Whiplash affects an estimated three million people per year, and traffic accidents and rear-end collisions are responsible for up to forty percent of all spinal cord injuries. Other common injuries from rear-end collisions include:
- Muscle strains and sprains
- Bruising and soft-tissue injuries
- Scrapes and abrasions
- Wrist fractures and broken fingers
- Concussion or traumatic brain injury (TBI)
- Leg and torso injuries
- Herniated discs
- Thoracic and lumbar spinal cord injuries
- Displacement fractures
- Internal injuries and organ damage
- Hearing and vision injuries
- Crushing injuries
- PTSD and emotional distress
Why Rear-End Collision Injuries Often Cause Injury
The reason rear-end collisions often cause injuries comes down to simple physics. If a car crashes into you from behind, the sudden forward acceleration can cause the head to snap back. This motion can strain neck muscles and damage vertebrae. Additionally, the forces in a rear-end collision are directed at the spine of the occupants in the forward vehicle, increasing the risk of spinal damage.
Given the sharp and violent acceleration, it is not uncommon for victims to sustain multiple injuries. For instance, the acceleration can strain the neck and then cause the victim’s head to snap forward and strike the steering wheel. Proper seat belt usage can reduce the risk of serious injuries, but the seat belt itself can cause abrasions and bruises across the chest and stomach.
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What to Do If You’re Injured in a Rear-End Collision
If you are in a rear-end collision, it’s imperative that you take steps to protect and safeguard your injury claim. After calling the authorities and receiving emergency medical attention, document the accident scene. Take pictures of any relevant details, like vehicle damage, injuries, and roadway features. You should also get the contact information of the other motorists and eyewitnesses.
Next, schedule a doctor’s appointment ASAP. Many rear-end injuries, like whiplash, may not have immediately visible symptoms. Shock and adrenaline can mask pain, so you need to see a doctor, even if you feel ok in the direct aftermath. You will need formal medical documentation when you submit a claim.
Lastly, contact a personal injury attorney. An attorney can investigate your claim and initiate the next steps of the claims process. They can also negotiate settlements with insurance companies and represent you in litigation if your case goes to trial. With an attorney, you have a much higher chance of securing enough compensation to fully cover your losses.
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Who Is Liable for Injuries from a Rear-End Accident in Tennessee?
In general, the driver who collided from the rear will be presumed to have been negligent. T.C.A. 55-8-124 prohibits tailgating or following too closely. If a driver collides from the rear, the presumption is that they were following too closely and are therefore liable.
However, this presumption is rebuttable and not absolute. If the driver in front was negligent or otherwise breaking traffic laws, they might bear liability. For instance, if the front driver did not have working brake lights or suddenly stopped without warning or reason, they could be responsible. Determining liability in rear-end collisions is a matter of investigating the accident and reconstructing events using evidence. An attorney can gather this evidence and build a compelling narrative demonstrating your lack of fault.
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Can I Recover Compensation for a Rear-End Accident If I am Partially Responsible?
Tennessee follows a rule of comparative negligence in tort claims. Under comparative negligence, injury victims can still recover financial compensation for injury-related losses even if they are partially responsible. As long as they are less than 50 percent at fault, they can obtain compensation.
However, the comparative negligence rule will result in the reduction of any settlement amount according to the claimant’s percentage of fault. For example, if you are 20 percent at fault and your total damages are $100,000, you would receive $80,000 after accounting for comparative fault. If you were partially at-fault for the crash that injured you, you need an experienced Tennessee rear-end accident lawyer to pursue the maximum recoverable compensation in your case.
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How Long Do I Have to File a Lawsuit After a Rear-End Accident?
The legal time limit for filing a lawsuit after a rear-end accident in Tennessee is one year (T.C.A. 28-3-104). In most cases, the deadline starts counting from the day of the accident. However, some rear-end injuries, like whiplash or spinal injuries, can produce delayed symptoms even months later. If injuries were not immediately obvious, the time limit starts from when the injury was discovered.
Tennessee’s time limit is short. It’s in your best interest to initiate your injury claim as quickly as possible when the evidence is fresh. If you wait too long, it could cause payment delays and interruptions.
Tennessee Rear-End Collision Accident
Rear-end collisions are a serious matter and deserve a serious response. Injuries from a rear-end crash can derail your personal and professional life, and you deserve justice for your suffering. Gatti, Keltner, Bienvenu & Montesi, PLC can stand at your side through the entire claims process and fight to protect your interests and well-being.
If you would like to speak to a car accident attorney about rear-end crash injury compensation or common rear-end accident injuries, contact us online or at (901) 526-2126. We offer free consultations and only charge a fee if we win your case, so you have nothing to lose by scheduling a meeting.