Rear-end collisions are a frequent occurrence on the roads and highways of Florida and throughout the United States. The National Highway Traffic Safety Administration released statistics indicating that 1.7 million rear-end crashes each year, often seriously injuring those involved, causing property damage and even death in some serious cases.
In many cases, it can be difficult to determine who is at fault in a rear-end collision. A lot of victims are unsure how they can receive compensation for the harm or property damage they’ve suffered, and insurance companies can be extremely difficult to deal with. Often, filing a personal injury claim against the at-fault driver is the only way to get the compensation you are owed for the accident.
If you have been involved in a rear-end collision in Florida, we recommend that you speak with a car accident attorney as soon as possible. Here at The Law Place, we are highly experienced in helping our clients receive compensation for car accidents, including for many rear-end collisions. Our law firm has a team of skilled and dedicated injury lawyers who can investigate your case to determine who was at fault for the crash. They can then advise you on whether you may be entitled to compensation and, if so, prove the other driver’s negligence on your behalf. We offer a free consultation for you to speak with a rear-end car accident attorney with no strings attached.
Call us today to schedule a free consultation at (941) 444-4444 to figure out who was at fault for your rear-end collision. Our phone lines are open 24 hours a day, 7 days a week.
In This Article
- What Is a Rear-End Collision?
- How Is Fault Determined in a Rear-End Collision?
- Common Causes of Rear-End Collisions
- Common Injuries Sustained in Rear-End Accidents in Florida
- What Should I Do Following a Rear-End Collision?
- Insurance Laws in Florida
- Comparative Negligence
- What Compensation Is Available to Me Following a Rear-End Collision?
- Contact The Law Place Today
What Is a Rear-End Collision?
A rear-end accident happens when the front of one car crashes into the rear of another vehicle in front. In a lot of cases, it is the rear driver who is at fault for the crash due to distracted driving, speeding, or not paying attention to the road. However, it could also be the fault of the lead driver who makes a sudden stop on the road or whose brake lights are not functioning. It is also possible for these types of car accidents to happen due to poor weather or road conditions such as ice or fog.
This type of accident can involve any type of vehicle, including cars, motorcycles, trucks, or vans. They commonly occur at traffic lights, traffic signals, or on motorways, but it is possible for these accidents to happen anywhere.
How Is Fault Determined in a Rear-End Collision?
Just like with any car accident, the law on negligence determines who is at fault for a rear-end car accident. All drivers in Florida owe a duty of care to follow all traffic laws and regulations, obey traffic signals and lights, and ensure that their behavior does not endanger the lives of other road users. When a driver fails to honor their duty of care, they can be found at fault for the accident. Some examples of a breached duty of care include distracted driving, speeding, driving under the influence (DUI), or reckless driving.
If it can be shown that the other driver is at fault for the rear-end accident and has breached their duty of care to you, you can file an injury claim to recover damages for the injuries and harm you’ve suffered. An experienced personal injury lawyer can help you gather evidence to prove that the other driver is liable for your rear-end collision in Florida.
Common Causes of Rear-End Collisions
There are many reasons a driver may cause a rear-end accident in Florida. It could be due to the negligence of the lead driver, the rear driver, or external parties such as vehicle manufacturers or the local authorities responsible for maintaining the roads. Some common causes of rear-end accidents include:
- Reckless driving, such as not obeying traffic signals, speeding, or driving aggressively.
- Distracted driving, which could include texting while driving, eating or drinking, or speaking with other passengers.
- Poor weather or road conditions, including fog, ice, or heavy rain that reduces visibility
- Driving under the influence of a controlled substance (DUI).
- A rear driver not paying attention to vehicles in front and pulling off too quickly.
- A lead driver stopping suddenly or not putting on their hazard lights if their vehicle gets a flat tire.
- A rear driver following too closely in a line of traffic.
Regardless of what caused the rear-end collision, it is important that victims get compensated for any injury or property damage they have suffered, and the at-fault driver is held accountable. An experienced car accident lawyer can investigate your case on your behalf to determine who was at fault and help you recover compensation accordingly.
Common Injuries Sustained in Rear-End Accidents in Florida
Although these types of car accidents aren’t considered the most serious, it is not uncommon for those involved to suffer serious personal injuries, including both physical and mental harm. This is particularly true if the rear driver was speeding or was not driving a safe distance from the vehicle in front. Our lawyers have witnessed many injuries from these accidents, including:
- Sprained, fractured, and broken bones.
- Bruises, cuts, gashes, and lacerations.
- Internal organ damage.
- Internal bleeding.
- Injuries to the neck and spinal cord, including paralysis.
- Head injuries, including traumatic brain injury (TBI).
- Anxiety or depression resulting from the rear-end collision.
- Wrongful death.
What Should I Do Following a Rear-End Collision?
Many victims of rear-end collisions are unsure what to do following a car accident which can result in their claims being undervalued by insurance companies. If you have been involved in a rear-end collision and are wondering what you should do to ensure your own safety and to ensure that you receive the compensation you are owed, we recommend that you take the following steps:
- Remain at the scene – The most important thing to do following any car accident in Florida is to remain at the scene of the accident. Failure to do this could result in you facing criminal charges for hit and run.
- Seek medical assistance – We recommend that you call an ambulance for both yourself and the other driver following the rear-end collision. Regardless of whether you think you have suffered serious injuries or not, it is important that you get medical assistance.
- Call the police – Florida law requires that you contact law enforcement immediately following an accident. They will file a police report documenting all of the evidence at the scene and statements from witnesses and the driver involved.
- Gather evidence – You should collect as much evidence from the accident scene if possible, including pictures of the vehicles, injuries, traffic signals, and skid marks. It is important that you take the contact information of the witnesses and other drivers involved, including their full name, phone number, and vehicle registration details.
- Seek legal advice – Our law firm recommends that you speak with a lawyer as soon as possible if you have been rear-ended or if your car rear-ends another vehicle. An attorney can help you build a strong claim to ensure that you receive the compensation you deserve.
Insurance Laws in Florida
The law in Florida requires that you contact your own insurance company immediately after a rear-end accident in order to receive compensation. All drivers are required to have personal injury protection (PIP) coverage of at least $10,000 in order to drive legally on the roads. Your insurance policy is required to cover the costs of your injuries up to the extent of your policy limits.
However, medical care in the United States is extremely expensive, and if you have ever suffered serious injuries, you will know that it can be almost impossible to foot the cost of medical bills alone. For this reason, many accident victims have no other option but to file a personal injury claim to recover damages, as the limit of their policy does not cover the amount of harm they have suffered.
It is important to note that Florida follows a comparative negligence law system for all motor vehicle accident cases. As such, when a rear-end collision happens, the court will determine the level of fault of each party and award a settlement accordingly. For example, if you were using your phone when a rear driver crashed into the back of your vehicle, the court may find that you were 30% responsible for the collision. If this is the case, the amount of money you receive in your settlement will be reduced by 30% in accordance with these comparative negligence laws.
A driver may have a team of attorneys who are trying to establish that you are at fault in order to reduce the amount of compensation they have to pay out to you. This is why we recommend speaking with an attorney as soon as possible to ensure that the negligent driver pays you out the full amount that you are owed and that your insurance claim isn’t devalued.
What Compensation Is Available to Me Following a Rear-End Collision?
If you can prove that another driver is at fault in a rear-end collision in Florida, you can make a personal injury claim to recover any damages you are owed. An experienced attorney can help you claim the following damages depending on the particular harm you have suffered:
- Medical bills – You can recover medical expenses for any hospital appointments, long-term medical care, and transport to and from these appointments.
- Lost wages – If you are unable to work due to the accident, you can claim for any wages you’ve lost, including any potential future earnings.
- Property damage – It is common for the vehicles of both the lead driver and the rear driver to be seriously damaged in these types of cases. An attorney can help you recover compensation to cover the costs of damage to your property.
- Pain and suffering – Many drivers suffer from much more than physical injuries when they get into a crash, including anxiety, PTSD, and a general loss of enjoyment in life. You can be compensated for this type of harm through pain and suffering damages.
- Wrongful death – If you have lost a loved one in a rear-end crash, you can file a wrongful death claim to cover the costs of the funeral and a loss of consortium.
In order to figure out which driver was at fault in a rear-end collision and to receive the compensation you are owed, you should schedule a free case evaluation with our law firm as soon as possible. We can investigate your case to determine whether the driver in front or the rear driver was negligent and build a strong case on your behalf accordingly.
Contact The Law Place Today
When a crash happens in Florida, it can cause a lot of stress to the parties involved, and trying to establish liability can be a difficult task. Many victims are unsure who was at fault in a rear-end collision and, as such, are reluctant to file an injury claim. There is no one particular party who is always at fault for these cases, as it could be either negligence on behalf of the car in front or of the rear driver. Additionally, the process of trying to receive compensation for the harm you have suffered can be a lengthy process, often resulting in victims’ claims being devalued by their insurance company or the attorneys of the at-fault party.
If you have been injured in a rear-end collision and are unsure which driver was at fault, you should contact us at The Law Place today. Our law office has over 75 years of combined experience in multiple practice areas, including many rear-end crash cases. We offer a free case evaluation so you can receive skilled legal advice from one of our attorneys, who can help you determine who was at fault in a rear-end collision. Our priority is ensuring that you get justice and that the liable driver is held accountable for the crash.
Call us today to schedule a free consultation at (941) 444-4444. Our phone lines are always open.