Rear-End Collision Attorneys in Kentucky & Tennessee

While you may have learned that the vehicle causing the impact is always at fault for a rear-end collision, in a typical rear-end collision, the victims aren’t always clear. Fault in a rear-end collision depends on many factors. Though, most commonly, the vehicle that strikes the lead driver from behind is considered at fault in a rear-end collision, and that driver is more often than not considered negligent. That said, not all rear-end car accidents are cut and dry, and this is also where a car accident lawyer can help – which brings us to:

Exceptions to the General Rule

While the tailing vehicle is generally held responsible for rear-end collisions in Kentucky and Tennessee, there are a few exceptions and other factors that may determine fault:

• Lack of emergency signals or brake lights: If the lead car was not properly equipped with brake lights or was stopped on the side of the road without warning lights, the driver of that vehicle may be held liable for the collision.
• Cutting off another driver: Under Tennessee law, both drivers can be held liable for a rear-end collision if a driver swerves into the path of another vehicle. If a rear-end collision occurs as a result of one driver cutting off another, the lead driver may be held liable for a portion of the crash.
• Multi-vehicle collisions and pile-ups: A second exception pertains to collisions involving more than two vehicles. All drivers have a responsibility to follow at a safe distance.
• If the lead driver suddenly goes in reverse: This could also place fault on the “rear-ended” driver for backing into the following vehicle.

If you’ve been injured in a rear-end collision in Kentucky or Tennessee, you may be entitled to compensation. You can’t always rely on insurance companies to offer you the compensation you deserve. That’s why it’s important to contact a rear-end car accident attorney in your area.

At Hughes & Coleman, we fight for your rights as a victim, and we take on the big insurance companies, so you can focus on feeling better. Contact us today for a free case evaluation: 800-800-4600.

Settlements for major lawsuits can vary and mostly depend on the circumstances surrounding the rear-end collision, the severity of the injuries and automobile damage, and the insurance company you’re dealing with. You don’t always have to accept the first offer an insurance company gives you, but you also don’t have to battle them alone. You can contact a rear-end accident lawyer to ensure you get the compensation you deserve.

Seek Medical Attention

Your health should be your number one concern. Following any car accident, you should seek medical attention as soon as possible so that a doctor can evaluate your condition. If you later seek compensation for damages that stemmed from the accident, this documentation will also be needed to prove that you were actually injured. Even if you aren’t feeling hurt at the time, it is critical that you go to a doctor or clinic to get looked at as soon as possible because, in many cases, pain may show up days or weeks afterward as an underlying injury becomes worse during that time.

Take Photos of the Accident Scene (If Possible)

If you are able, document the scene of the accident as much as possible. Photos serve to tell the story of what happened and can also serve as valuable evidence to determine liability and to ensure that the at-fault party is held accountable. Photos should include:

• Any injuries you sustained as a result of the crash
• The outside of both cars — especially damaged areas of the vehicles
• The inside of both cars (if you are only able to take photos of the inside of your car, ensure you do that)
• The license plate number of the vehicle that hit you
• The surrounding scene, including traffic signs around where the collision occurred and weather conditions
• The other driver, passengers, witnesses, and yes, even of the police

Car wreck scenes can be very frantic. You’re emotionally stunned in many cases, so having as many photos as possible can help you recollect things you may have otherwise forgotten. Photos also give yourself and your personal injury attorney the best possible evidence to prove fault and help you recover compensation for any and all damages you may be entitled to.

Contact an Experienced and Local Car Accident Lawyer

You may be thinking that the best thing to do first is to contact your insurance company, but this is a common mistake and often leads to situations where the insurance provider will use a variety of tactics to minimize any settlement you may be entitled to.

Insurance companies are well aware that you are vulnerable following an accident. They also know that most injury victims are unfamiliar with tort law (when someone else takes an action or sometimes fails to take an action that injures another person), which they can use against you.

File a Police Report

How to file and obtain a police report in Kentucky:

Depending on the severity of the car accident, the police may or may not come out to the scene to investigate.

If police come to the scene to investigate, they will file a report on your behalf and you can retrieve it. If the collision was investigated by a police officer, you do not need to complete a civilian collision report. You can contact the law enforcement agency who investigated the collision or go to www.buycrash.com to retrieve a copy of the report approximately 10 days after the collision.

If the police do NOT come to the scene you will need to file your own police report to document the car accident. You can submit a Civilian Collision Report to the Kentucky State Police via their website. When you file a CCR online with the Kentucky State Police, a copy of the report will also be made available to you for your records.

How to file and obtain an accident report in Tennessee:

Submit a completed Owner/Driver Report form to the Tennessee Department of Safety and Homeland Security (TDSHS) to file a written report. You must only provide information about yourself, your vehicle and your insurance policy. When you submit your accident report to TDSHS, a copy is automatically sent to your insurance company. To obtain a police report in Tennessee, you have a few options:

• You can obtain a report online by visiting https://apps.tn.gov purchasetncrash/
• If the crash was investigated by the Tennessee Highway Patrol, any driver/owner/passenger or their agent or legal representative may purchase a copy of the Crash Report for a fee of $4.00. The reports are available approximately 7 days after the date of the crash at the THP District Office. This can be purchased through the mail, or by visiting their office in person. Access to complete listings of THP District Office locations can be found on the Obtaining a Crash Report page of the Tennessee Department of Safety and Homeland Security website.
• If the crash was investigated by a law enforcement agency other than the THP, you can also contact the agency that investigated the crash to purchase a copy of the report from their office.

Let an experienced rear-end car accident lawyer deal with the insurance company for you.

Injuries sustained following a rear-end collision can vary. In some cases, rear-end collision injuries can be very minor. In other circumstances, the injuries you think are minor can actually turn out to be very serious later on. This is one of the main reasons to always contact a car accident attorney. What you think is insignificant could potentially evolve into long-term medical expenses that car insurance companies won’t necessarily cover or provide you adequate compensation for. In cases where severe injuries are sustained, it is even more critical to obtain an experienced attorney to ensure you are taken care of medically and financially, short-term and long-term.

Some injuries that could impact you after a rear-end crash include, but are not limited to:

• Whiplash and neck injuries: A neck injury is one of the most typical injuries suffered following a rear-end collision.
• Spinal cord injuries: A sudden, unexpected impact to the body can harm the spine in a variety of ways. Stress fractures, slipped discs, and even serious spinal cord injuries can occur and have an impact on daily life.
• Concussion: In a rear-end collision, the head usually snaps backward and then forwards. The seat or headrest typically impacts the skull during the backward movement, resulting in a concussion.
• Broken bones: Back and spine fractures typically occur in rear-end collisions due to the impact of the seatbelt or airbag on the body.
• Brain injuries (TBI):  A rear-end collision’s impact can easily lead to the head striking the steering wheel or windshield, resulting in trauma or brain injuries.