Liability and Damages Explained Soft Tissue Injuries Caused by a Rear End Collision in Atlanta
Rear end collisions are one of the most common types of auto accidents in the United States, including in Georgia. Most of the time a rear end collision is a minor inconvenience, such as a bumper tap. In fact, many rear end collisions are low-speed collisions that occur while in traffic or on local roads. But even a low speed collision could result in debilitating pain and suffering, lost wages, and high medical bills. This is particularly when a victim suffers what are called “soft tissue injuries.” These injuries can be difficult to diagnose and treat, and even more difficult to prove in court without the right lawyer. These injuries are also common, particularly soft tissue injuries caused by a rear end collision in Atlanta.
Here at Todd Law, PC, our experienced Atlanta rear end collision accident lawyers understand how important it is for victims and their families to recover the compensation they deserve for their pain and suffering, lost wages, lost future earnings, medical bills, loss of consortium, and other damages after a serious auto accident. We offer FREE consultations and generally accept most personal injury cases on a contingency fee agreement. This means there are no out-of-pocket expenses for victims or their families until we recover compensation for them.
Liability in a Rear End Collision in Georgia
Generally, liability for a rear end collision is presumed the fault of the following vehicle. This is true under the common law (judge-made law) and the statutory law (legislatively-made law).
Under the common law, all motorists must exercise reasonable care in the use or operation of their motor vehicle. If a motorist is following too closely and cannot stop or does not stop before rear-ending another vehicle, it is likely that this conduct will be found to be negligent.
Under the statutory law, a motorist who violates a statute that is meant to protect a certain class of persons from a certain type of harm could be automatically found liable as a matter of law under the doctrine of negligence per se. The applicable statute is Georgia Code section 40-6-49, which governs following too closely and provides under subdivision (a) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Therefore, if a defendant rear ends another vehicle and causes harm to the occupants inside, it is likely that the defendant will be found negligent per se because this statute intends to protect occupants from cars (class of persons) from being injured in a rear end collision (class of harms).
Soft Tissue Injuries Caused by a Rear End Collision
One of the most common types of personal injuries from a rear end collision is a soft tissue injury. Even at low speeds, a soft tissue injury can become debilitating and require surgery. This is because a soft tissue injury is a type of injury that causes damage to connective tissue such as muscles, ligaments, and tendons. It is difficult to treat these structures which are often heavily used by a person, especially in the cervical spine (neck).
The most common types of soft tissue injuries caused by a rear end collision include the following:
- Sprains
- Strains
- Whiplash
- Tendonitis
- Stress injuries
- Bursitis
- Impingement
- Nerve injuries, and
- Other types of soft tissue injuries.
Problems Proving Soft Tissue Injuries
Soft tissue injuries are notoriously difficult to prove in court. This is because a soft tissue injury does not always show up on an imaging study such as an x-ray, CT scan, or MRI. In addition, most instances of soft tissue injuries are subjective in nature, meaning they cannot easily be proven through objective means such as imaging, tests, or other medically accepted means. This is why insurance companies specifically train their adjusters to fight harder for soft tissue injuries in order to undervalue or minimize a valid claim, even denying otherwise valid claims.
But there are ways to prove soft tissue claims that can help victims and their families recover. This includes the following ways:
- Using contrast dye or injections to enhance CT scans or MRIs to look for nerve impingement after whiplash injuries
- Ask treating physicians or medical experts to use a goniometer on you to test the restricted range of motions
- Ask treating physicians to refer you for EMG nerve conduction studies to test for injuries
- Chart your progress or lack of progress healing
- Measure strength limitations, and
- Many other techniques to help prove a soft tissue injury objectively.
Ask Todd Law, PC for Help Recovering Compensation for Soft Tissue Injuries Caused by a Rear End Collision in Atlanta
If you or a loved one were seriously injured in a car crash occurring Atlanta, Jonesboro, Clayton County, or anywhere else in Georgia, ask our experienced auto accident lawyers at Todd Law, PC for a FREE consultation to learn how we can help protect your rights to compensation under Georgia law. This is particularly true if you have suffered soft tissue injuries caused by a rear end collision, which could result in debilitating injuries even in low speed collisions. Learn more by calling (770) 477-7878 or filling out our easy and convenient to use “contact us” box available here.