What is the Average Payout For a Rear-End Collision in Georgia

Are you eligible to make a rear-end settlement claim?

You must meet specific eligibility requirements to make a rear-end settlement claim in Georgia:

1. First, your claim must be filed within Georgia’s statute of limitations, which is two years from the date of the crash. Missing this deadline can bar you from pursuing compensation.
2. Second, you must have sustained injuries as a result of the rear-end collision. Documented injuries, medical treatment, and accident reports are essential to building a strong claim.

At The Gumprecht Law Firm, we provide tailored advice to help you work through the claims process and fight for the compensation you deserve. 

Call our Atlanta car accident lawyer to schedule your consultation today. Let us help you seek justice and receive the compensation you’re entitled to after your accident.

 

Our firm has successfully secured significant settlements for clients injured in rear-end collisions in Georgia. Below are some examples of cases we’ve handled:

• $1,600,000 – This settlement was awarded to a client who required cervical surgery following a high-speed rear-end collision on Georgia 400 in 2017, Dahlonega, GA.
• $140,000 – A low-speed rear-end collision in Canton, GA, in 2017 resulted in a concussion for the victim. This settlement reflected the medical treatment and recovery time required.
• $150,000 – In 2016, a highway rear-end collision in Marietta, GA, caused muscular strain injuries. This settlement compensated the client for medical expenses and lost wages.
• $100,000 – A client in Riverdale, GA, sustained a concussion from a rear-end collision in 2017. This settlement accounted for their recovery and related medical costs.
• $100,000 – A senior citizen in Marietta, GA, suffered non-surgical nerve damage due to a rear-end collision in 2016. This settlement addressed the impact on their health and quality of life.

Your First Steps After Being Hit in the Rear

1. Check for injuries: Seek immediate medical attention, even if you feel fine, as some injuries like brain injuries may not show symptoms right away.
2. Call the police: Police reports are important for determining fault for the accident and can affect the settlement amount for a rear-end collision.
3. Exchange information: Collect the other driver’s contact, insurance details, and license plate number. This information is essential for filing a personal injury claim and maximizing your potential settlement.
4. Document the scene: Take photos of vehicle damage, the accident scene, and any visible injuries. Clear evidence strengthens your claim and ensures you pursue a fair settlement.
5. Avoid admitting fault: Statements made at the scene can impact your settlement. Let our experienced car accident lawyer handle communications with insurers and the other driver.
6. Contact a collision attorney: Speak with our experienced car accident lawyer from our team to guide you through the legal process, file a personal injury claim, and work to maximize your settlement for a rear-end collision.

What Can You Claim For After being Rear-Ended?

If you’ve been injured in a rear-end accident, you may be eligible to claim compensation for several types of damages. These include economic, non-economic, and, in some cases, punitive damages.

Below is a detailed breakdown of what you can recover with the help of our experienced car accident attorney.

1. Economic Damages

Economic damages cover measurable financial losses caused by the rear-end collision. These damages ensure accident victims are compensated for the actual costs incurred due to the accident.

• Medical expenses: You can claim the cost of emergency care, hospital stays, surgeries, medications, and ongoing treatments. Future medical expenses may also be included if your injuries require long-term care.
• Lost wages: If your injuries prevent you from working, you can recover compensation for lost income during your recovery period. This also includes lost future earning capacity if your injuries cause a permanent disability.
• Property damage: Compensation may cover the costs of repairing or replacing your vehicle and any personal items damaged in the collision.
• Out-of-pocket expenses: You can also claim expenses such as transportation to medical appointments or hiring help for daily tasks due to your injuries.

2. Non-Economic Damages

Non-economic damages compensate for intangible losses that don’t have a direct monetary value. 

• Pain and suffering: Compensation is available for physical pain and discomfort caused by your injuries, which are common in rear-end collision settlements in Georgia.
• Emotional distress: Rear-end accidents can cause anxiety, depression, or post-traumatic stress. These emotional impacts are considered when determining settlement amounts in Georgia.
• Loss of enjoyment of life: If your injuries prevent you from enjoying activities you previously loved, you can seek compensation for this diminished quality of life.
• Loss of consortium: If the accident impacts your relationships with loved ones, particularly a spouse, this can also be factored into your claim.

3. Punitive Damages

Punitive damages are awarded in cases where the at-fault driver’s behavior was reckless or intentional, such as driving under the influence or texting while driving. These damages aim to punish the driver and deter similar actions in the future.

In Georgia, punitive damages are capped at $250,000 in most cases, but exceptions apply if the at-fault driver was under the influence at the time of the collision. While punitive damages are less common than economic or non-economic damages, they can significantly increase settlement amounts in Georgia when applicable.

Rear-end settlement payouts in more detail

Rear-end collision settlement amounts in Georgia depend on the severity of the accident, injuries, and damages involved. Here’s a detailed look at what you can expect for rear-end collisions.

Minor Fender Benders

Settlement payouts for minor fender benders typically range from $3,000 to $15,000. These cases involve minor injuries such as whiplash or soft tissue damage and minimal property damage like a dented bumper or scratched paint.

Moderate Collisions

Settlement amounts for moderate rear-end collisions in Georgia typically range from $15,000 to $50,000. These accidents often involve more serious injuries such as herniated discs or fractures, moderate vehicle damage, and longer recovery times.

For example, a victim who sustains a herniated disc and requires physical therapy, diagnostic imaging, and car repairs could expect compensation closer to $30,000. If the at-fault driver was negligent or if the collision involved a commercial vehicle, the settlement amount may increase due to higher insurance coverage.

Severe Crashes

Severe rear-end collision settlements in Georgia can range from $50,000 to over $1,000,000, depending on the injuries’ long-term impact. Victims with traumatic brain injuries, spinal cord damage, or permanent disabilities often receive compensation at the higher end of this range.

For example, if a driver is rear-ended by a commercial truck, causing severe spinal injuries that require surgery, rehabilitation, and long-term care, the settlement could exceed $500,000. Compensation includes medical expenses, loss of future earning capacity, and pain and suffering.

Collisions Involving Commercial Vehicles

Rear-end collisions involving commercial vehicles in Georgia often result in settlements ranging from $75,000 to several million dollars, depending on the company’s liability insurance and the severity of the injuries.

For example, if a commercial truck rear-ends a car, causing catastrophic injuries that prevent the victim from returning to work, the settlement could reach $1 million or more. These cases often account for significant medical bills, lost income, and non-economic damages like pain and suffering.

Many factors can influence your settlement. To ensure you receive fair compensation, trust our Duluth car accident lawyer to guide you through the process and help maximize your settlement!

 

How Georgia Law Can Affect Your Payout Amount

Georgia law directly influences the settlement amount for rear-end collisions by determining fault, liability, and the types of damages recoverable. 

• Fault Determination and Comparative Negligence: Georgia’s modified comparative negligence rule reduces your settlement by your percentage of fault. For example, if you are found 20% at fault, a $50,000 payout would be reduced to $40,000.
• Traffic Regulations: Laws requiring drivers to maintain a safe following distance (O.C.G.A. § 40-6-49) strengthen claims against tailgating drivers. Citations for distracted driving or speeding can also increase settlement payouts by proving negligence.
• Mandatory Insurance Requirements: Georgia requires minimum liability insurance of $25,000 per person $50,000 per accident for bodily injury, and $25,000 for property damage. If damages exceed these limits, uninsured/underinsured motorist (UM/UIM) coverage can help cover the difference.
• Legal Precedents: Cases involving gross negligence, such as drunk driving, may qualify for punitive damages, increasing the payout. Courts also consider established precedents when assessing negligence and damages.

Elements That Will Impact Your Rear-End Collision Settlement

Medical Costs and Recovery Time

Serious injuries sustained in a rear-end collision, such as whiplash, back injuries, or concussions, significantly impact the settlement amount in a rear-end collision. A spinal injury requiring surgery and rehabilitation increases the payout, especially in cases of a severe rear-end collision in Georgia.

For instance, a settlement for a severe rear end may include long-term treatment costs and pain management. The average settlement for a moderate rear-end injury typically covers recovery expenses like physical therapy, while a rear-end fender bender in Georgia may involve minimal payouts due to minor damages.

Insurance Policy Limits of All Parties Involved

In rear-end collision cases, the at-fault driver’s insurance may cover up to $25,000 per person, but damages often exceed this amount. Victims involved in a rear-end collision must explore uninsured/underinsured motorist (UM/UIM) coverage to get the compensation they deserve.

For example, payouts for a collision in Georgia can range, but the policy of the at-fault driver may cap settlement amounts in a rear-end collision. 

Determination of Fault and Shared Liability

Georgia’s legal framework for rear-end collisions includes comparative negligence laws, which reduce settlements if you share fault for the accident. If you are 20% at fault for a rear-end collision involving a commercial vehicle, your maximum rear-end settlement would decrease proportionally.

Fault for the rear-end accident is often presumed to lie with the rear driver, but factors like sudden braking can complicate cases. Clear evidence is essential in handling rear-end collision cases to secure your desired rear-end settlement.

Quality of Legal Representation

Our experienced attorney will build a compelling case by presenting rear-end accident statistics, gathering evidence, and negotiating with insurers. This is necessary for victims experiencing a rear-end collision who may be unsure of their rights.

Our team helps you file a personal injury lawsuit and ensures all factors that influence the settlement are addressed, whether it’s a settlement for a rear-end fender bender in Georgia or a lawsuit for a rear-end collision involving severe injuries.

Lost Wages and Impact on Earning Capacity

Lost wages and diminished earning capacity are key factors in determining settlement amounts in a rear-end collision. For example, if you miss two months of work due to an injury, the settlement for a moderate rear-end will include lost income for that period.

In cases involving permanent disabilities, such as those from a severe rear-end collision in Georgia, future earning capacity is factored in to help you get the compensation you need. These amounts vary but are critical in evaluating the role of settlement outcomes.

Pain and Suffering Caused by the Accident

Pain and suffering compensation addresses the distress caused by the accident, including chronic pain and emotional trauma. Severe injuries often lead to higher payouts in average settlement amounts, as the lasting impact on quality of life is significant.

For example, a victim suffering PTSD from a rear-end collision case may receive higher non-economic damages. Accepting a settlement that doesn’t account for this amount in a rear-end collision could leave victims undercompensated.

Costs to Repair or Replace Damaged Property

Repair costs for a rear-end fender bender in Georgia might be minor, while a totaled vehicle in a rear-end collision involving a commercial truck requires a much larger payout. Proper documentation of all property damages ensures fair compensation, whether it’s for minor repairs or replacing high-value items destroyed in the accident.

This ensures you can get the compensation you deserve and recover fully from the financial effects of the collision.

Statistics on Rear-End Collisions in The Peach State

When to Accept a Rear-End Collision Settlement

A settlement may be appropriate if it covers the full scope of your damages, including immediate and future medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. For example, if you were injured in a car accident due to a rear-end collision and require ongoing medical care, the average settlement for a rear-end collision should reflect these long-term costs.

Insurance companies may try to reduce the payout by disputing liability or undervaluing damages. Consulting with our team ensures the settlement aligns with personal injury law and accurately reflects your losses.

The Legal Steps For Filing a Rear-End Lawsuit

Filing a rear-end lawsuit with The Gumprecht Law Firm ensures you have dedicated legal support to secure the compensation you deserve. Here’s how our experienced attorneys handle the process:

1. Consult with our attorney: Michael and his team will evaluate your case, explain your rights, and develop a strategy tailored to your specific situation.
2. Gather evidence: We collect police reports, medical records, accident photos, and witness statements to build a strong case and establish fault for the collision.
3. File the lawsuit: We will draft and file all necessary legal documents within Georgia’s statute of limitations to preserve your right to compensation.
4. Negotiate on your behalf: We communicate directly with insurance companies to negotiate a fair settlement that covers all your damages, including medical expenses and lost wages.
5. Prepare for trial if needed: If negotiations don’t result in a fair settlement, our attorneys are fully prepared to take your case to court and fight for the maximum payout.

Reach Out to Michael Gumprecht Today!

If you’ve been injured in a car accident, don’t face the weeks following a collision alone. Michael Gumprecht and his team are here to help you secure the compensation you deserve. 

Contact us today at 470-975-7193 or visit our contact page to schedule your free consultation today. Your path to justice starts with The Gumprecht Law Firm.

 

FAQs

What is the rear-end collision law in Georgia?

In Georgia, the driver who rear-ends another vehicle is typically presumed at fault under O.C.G.A. § 40-6-49, which requires maintaining a safe following distance. However, this presumption can change if the lead driver’s negligence, such as sudden braking without reason, contributed to the collision. Fault impacts settlement outcomes. 

How much should I settle for a lower back injury?

The average settlement for car accident back and neck injury in Georgia ranges from $20,000 to $100,000, depending on the severity of the injury, medical expenses, and lost wages. Minor injuries may settle for less, while severe injuries requiring surgery or long-term care often result in higher payouts. 

How much can you get out of pain and suffering in Georgia?

There is no cap on pain and suffering damages in Georgia. Compensation is calculated based on injury severity, using methods like the multiplier method. For example, $30,000 in medical expenses multiplied by three could equal $90,000. Factors like emotional distress and lasting impact determine the final amount.