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Rear-end collisions are among the most common types of car accidents in Memphis and across Tennessee. While these crashes are often assumed to be the rear driver’s fault, proving negligence is not always straightforward. Insurance companies may dispute liability, claim that the lead driver was partially responsible, or argue that injuries were pre-existing.
At The Gold Law Firm, our Shelby County personal injury lawyers understand how negligence is proven and can help strengthen your claim and maximize your potential compensation if you were injured in a rear-end accident.
What Is Negligence in a Rear-End Collision?
Negligence occurs when a driver fails to exercise reasonable care, resulting in an accident and injuries. In rear-end crashes, negligence often stems from reckless or inattentive driving.
Common examples include:
- Following too closely (tailgating) – Tennessee law requires drivers to maintain a safe following distance to avoid collisions.
- Speeding – A driver traveling too fast may not have enough time to stop when traffic slows or stops suddenly.
- Distracted driving – Texting, talking on the phone, or adjusting the radio can prevent a driver from noticing brake lights ahead.
- Driving under the influence – Alcohol and drugs impair reaction times, making it harder to stop in time.
- Mechanical failure – If a driver fails to maintain their brakes or tires, they may be unable to stop, leading to a crash.
How to Prove Negligence in a Rear-End Accident Claim
You must establish that the other driver was negligent in order to recover compensation.
This typically involves four key elements:
- Duty of Care – All drivers are legally obligated to operate their vehicles safely and follow traffic laws.
- Breach of Duty – You must show that the other driver failed to meet their duty of care, such as by tailgating or texting while driving.
- Causation – The other driver’s actions directly caused the accident and your injuries.
- Damages – You suffered losses from the crash, such as medical expenses, lost wages, and pain and suffering.
Evidence That Strengthens Your Claim
To prove negligence in a rear-end accident, strong evidence is essential.
Some of the most effective forms of evidence include:
- Police Reports – Officers often determine fault at the scene and may issue citations for reckless driving or tailgating.
- Traffic Camera or Dashcam Footage – Video evidence can capture the exact moment of impact and prove that the other driver was following too closely.
- Eyewitness Statements – Witnesses can provide valuable testimony about the other driver’s actions leading to the crash.
- Vehicle Damage Reports – The extent and location of damage to both vehicles can help demonstrate how the accident occurred.
- Medical Records – Documentation of your injuries and treatment can link your condition directly to the accident.
What If the Insurance Company Tries to Blame You?
While rear-end accidents are typically the rear driver’s fault, insurance companies may try to reduce or deny your claim by arguing that you contributed to the crash.
They might claim that:
- You braked suddenly and unexpectedly.
- Your brake lights weren’t working correctly.
- You failed to signal a turn or lane change before stopping.
Even if you are partially at fault, Tennessee follows a modified comparative negligence rule, meaning you can still recover damages if you are less than 50% responsible for the crash. However, your compensation will be reduced by the percentage of your fault.
How The Gold Law Firm Can Help
If you’ve been injured in a rear-end collision in Memphis, proving negligence is critical to securing the compensation you need for medical bills, lost wages, and pain and suffering. At The Gold Law Firm, our experienced Memphis personal injury attorneys will investigate your case, gather crucial evidence, and negotiate aggressively with insurance companies to ensure you receive full and fair compensation.
We work on a contingency fee basis, so you pay nothing unless we win your case. Call or text (901) 244-5003 or contact us online for your free consultation today, and let us fight for the justice you deserve.