Fatal Atlanta Rear Impact Collision Dispels the Myth of the Low Impact Rear-End Collision
Although rear-impact crashes are the most prevalent form of car accident, these auto accidents often are mischaracterized as “low impact rear-enders.” Insurance adjusters try to minimize rear-end crashes in this manner partially because these cases can pose the greatest difficulty for insurance companies attempting to dispute liability. Many rear-enders involve an injury victim that was stopped at a red light or stop sign on an Atlanta street, or stopped for traffic on a congested Georgia highway. As a general rule of thumb, a driver that slams into another vehicle from behind usually will be primarily at-fault for causing a collision. This probability that the defendant in a personal injury lawsuit arising out of a rear impact crash will be considered primarily or exclusively at-fault provides ample motivation for insurance companies to aggressively dispute the severity of injuries.
The strategy of insurance companies to trivialize the nature of injuries when motorists are struck from behind by another vehicle has been fairly successful. While many people are familiar with the myth surrounding minor injuries in these crashes that are often characterized as “low impact crashes,” a recent fatal Atlanta rear-end crash serves as a reminder that these collisions can and often do involve permanent debilitating injuries and even wrongful death.
According to the preliminary investigation by the Atlanta police, the fatality victim was struck from the rear while stopped for traffic. The Atlanta woman suffered minor burns when her vehicle caught on fire, but she ultimately died because of severe injuries suffered in the collision according to a spokesman for the Fulton County Medical Examiner who discussed the case with the Atlanta Journal-Constitution. The accident is still under investigation so it is not clear whether criminal charges will be filed or whether the family will file a Georgia wrongful death lawsuit.
Although it is not realistic that an insurance company can minimize the nature of fatal injuries, many rear-impact collisions result in injuries that are more easily contested by the insurance company. The insurance adjuster may rely on medical experts who generate a substantial amount of their income by testifying for insurance companies by providing conservative injury and disability assessments and an unrealistically rosy prognosis. Regardless of the type of collision, rear-end car accident victims should always seek prompt medical attention even if they only experience minor symptoms. However, the urgency of a prompt medical evaluation is greater in rear-end collisions because of the increased importance for insurance companies of disputing the severity of injuries in rear-end collision lawsuits.
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Sometime we receive calls from personal injury victims involved in rear impact car crashes in Georgia who have been misled by the other driver’s insurance company represenative into believing that they do not have a significant claim because the accident was a “low impact rear-ender.” Our Atlanta personal injury attorneys at Montlick and Associates are available to provide a straightforward assessment of your claim and to provide effective legal representation to those throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.