Rear-end collisions are the most common type of car accident in Tennessee. If you have been driving for any length of time, you have probably been the victim of at least one “fender bender.” Usually, it happens when you are idling at a stop sign or in traffic, and the driver behind you fails to brake in time.
In many cases, a rear-end accident happens at low speed and only results in minor damage to the back of your car. But any time there is a sudden impact, you are at risk for serious injuries, notably whiplash. If you are injured, it is essential to hold the negligent driver responsible. Our accident attorneys in Hendersonville, TN, can help.
Importance of Establishing Fault
Tennessee is a “fault” state regarding car accidents. To recover damages, you must prove that the other driver’s negligence was responsible for the accident that caused your injuries. The other driver, in turn, may try to claim fault was at least partly at-fault. This is important because Tennessee law requires a court to reduce a personal injury award in proportion to the plaintiff’s “comparative fault”–and the plaintiff may recover nothing if he or she is determined to be at least 50 percent responsible for the accident.
This is why working with an experienced Nashville rear-end car accident attorney is crucial. These cases are won and lost based on establishing who is at fault. And while it is statistically accurate that the trailing driver is generally responsible for rear-end accidents, you cannot rely on probability in court. Every case involves a unique set of facts. Our attorneys will review every piece of evidence and ensure you enter court prepared to present a strong case.
Rear-End Accidents and Whiplash
Whiplash is the injury most frequently associated with rear-end accidents. Some people assume, incorrectly, that whiplash is only a risk when the impact occurs at relatively high speeds–i.e., the trailing vehicle slams into the victim’s parked car at 40 miles per hour. In fact, whiplash may occur at any speed.
Whiplash is a serious neck injury. During a rear-end collision, a person’s body suddenly jerks forward. The head does not move in concert, however, causing a sudden and traumatic extension of the neck.
Many people dismiss whiplash as a phantom injury fabricated to win personal injury lawsuits. The reality is quite different. Whiplash often results in soft-tissue injuries that can leave the victim with lifelong neck and back pain. And unlike other kinds of accident-related injuries, such as a broken leg, whiplash symptoms may not be detectable until days or weeks after the fact.
Our attorneys understand this. At Bednarz & Bednarz, we have extensive experience dealing with whiplash, spinal, and soft-tissue injuries. We can help you provide the court with appropriate medical documentation that proves you are not “faking it.”
Experienced Lawyers Skilled at Handling Rear-End Injury Claims
Following a rear-end car accident, you may not be eager to go to court. However, many personal injury claims of this type can often be settled with the defendant’s insurance company. However, you still need a qualified Nashville car accident attorney to represent your interests.
Call 615-256-0100 or contact us online to schedule a free consultation with one of our lawyers if you have been involved in a rear-end accident. We can review your case and advise you on what you can expect in terms of compensation.
