Who is At Fault if I Rear-End a Semi-Truck in Georgia?

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Although all truck accidents in Georgia are inherently dangerous, the chances of catastrophic injuries are particularly high in rear-end crashes. Perhaps the most obvious example is when a semi-truck rear-ends a smaller vehicle, and this can obviously cause devastating damage. However, smaller vehicles impact the rears of semi-trailers more often than many realize. These accidents can be just as devastating, although the smaller vehicle still suffers the worst of the impact. Who is at fault in this situation?

Motorist Dies After Rear-Ending Semi-Truck in Georgia

The dangers associated with these crashes were made clear after a recent crash in Georgia. In August of 2024, it was reported that the driver of a KIA had lost their life after slamming into the back of a tractor-trailer. 

If you simply read the headline, you might assume that the KIA driver was obviously at fault. However, this situation was more complex – and the KIA driver had virtually no control of their vehicle at the time of impact. Before they slammed into the back of the truck, they, too, were rear-ended by the driver of an SUV. It was this impact that threw the KIA into the back of the semi-truck. 

The exact circumstances of this crash are still under investigation. However, this accident shows us that sometimes, drivers are not to blame for slamming into the back of semi-trucks. To determine fault in a truck accident, all parties must carefully consider the circumstances of the collision. These circumstances may be quite complex. 

Why are Rear-End Truck Accidents So Dangerous?

Rear-end truck accidents are particularly dangerous because of something called “underriding.” This occurs when a smaller vehicle (such as a sedan) slips underneath the rear trailer after the initial impact. This underriding effect can completely slice off the top of the vehicle’s roof. As you might expect, the driver and passengers are extremely vulnerable to traumatic, catastrophic head injuries in this scenario. 

These kinds of truck accidents in Georgia have become quite common, and many are calling for the mandatory installation of rear underride guards on all tractor-trailers. In theory, a simple bar at the back of a semi-truck would prevent smaller vehicles from slipping underneath. This cheap safety feature could dramatically improve the chances of survival for victims of truck accidents. 

The Rear Vehicle is Usually to Blame in These Accidents

Although there are certainly exceptions, the rear vehicle is usually at fault in rear-end accidents. This is because all drivers are expected to maintain a safe following distance at all times. If you rear-end someone, the implication is that you were following too closely. 

Rear-end accidents may also indicate other types of negligence, such as distraction or intoxication. If someone is texting while driving, they may glance up too late and slam into the back of another vehicle. Drunk or high individuals may also struggle to accurately judge distances between their car and the next vehicle. 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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