Murfreesboro Rear-End Car Accidents

Rear-end accidents are the most common type of car accident, not just in Murfreesboro but everywhere, accounting for roughly 1/3 of all car accidents. Fortunately, it is the least fatal type of car accident, but serious injuries can still occur including spinal cord injuries, broken bones, herniated disks, brain injuries, nerve damage and more. Of course, rear-end accidents that result in a second impact with another object such as a light pole or another car tend to result in more serious injures by virtue of two impacts.

Causes of Rear-End Accidents

Rear-end accidents have many causes. Distraction is a huge factor. Of course, the distraction can be a phone, but it can also be reaching for an object, a child in the car, an insect in the vehicle, a pet, adjusting the radio or climate control or navigational device, putting on make-up or eating. Likewise, it can be a distraction caused by emergency vehicles or being in an unfamiliar area and looking for the next turn or trying to change lanes, etc. Another common cause of rear-end accidents is just cognitive distraction such as daydreaming or thinking about a situation at work, fatigue etc. In fact, distraction is believed to contribute to more than 100,000 accidents each year. Finally, rear-end accidents can be caused by just plain bad driving such as speeding, tailgating and aggressive driving.

Tennessee Law on Rear-End Accidents

Tennessee law requires “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” Tennessee law also requires, regardless of the actual speed limit or right-of way rules, that all drivers operate at a safe speed, maintain a safe lookout, keep their vehicle under proper control and dedicate their full time and attention to driving so as to avoid accidents. In most rear-end accidents, the driver of the car that rear-ends another is going to be found at fault for the accident, which is obviously important but not enough by itself to immediately win your case.

What You Must Prove in Rear-End Accident Case

To win a rear-end accident case, you must prove fault and you must also prove that the rear-end accident caused your injuries. You must also prove the nature and extent of your injuries and the reasonableness and necessity of your medical treatment. Insurance companies and their lawyers will try to prove you were not hurt, or you were not hurt that bad or your injuries existed before the accident. They will also try to argue about how much medical treatment you received and whether it was truly necessary. If you missed time from work as a result of your injuries, they will try and claim you could have returned sooner. They may hire their own doctor to evaluate you and provide what is known as an “independent medical examination” or IME. If you settle the case with the other driver’s insurance company, you may be required by law to pay subrogation monies to your health insurer and that amount will have to be negotiated. The list of issues goes on and on.

Talk to a Lawyer About Your Rear-End Accident Case

As you can see, even with rear-end accidents where fault may be clear, the insurance company will do all it can to avoid paying you a fair settlement. Unless it was just a minor fender bender with no injuries, we encourage all car accident victims to talk to a lawyer before deciding to go it alone. At the Law Offices of John Day, our Murfreesboro attorneys offer a free initial consultation so you can call our team and find out more about your legal rights and options. Our award-winning lawyers handle all car accident cases on a contingency basis so we only get paid if we win and we advance all case expenses so you are never out of pocket to pursue your case. Give us a call at our Murfreesboro office as we would be honored to help.

1639 Medical Center Parkway #105
Murfreesboro, TN 37129

Phone: 615-867-9900