Rear-end collisions are considered one of the most common car accidents in the nation today. Unfortunately, driver distractions, such as texts, GPS controls, and phones have caused the number of rear-end accidents to increase significantly. If you have suffered an injury due to this type of accident, it’s important to understand what your legal rights are in the state of Florida.
Like several other states, in Florida, there’s a no-fault law. Instead of seeking compensation from the at-fault motorist’s insurance company, a driver has to acquire compensation through their own insurance provider. While this is true, there are several exceptions to Florida’s no-fault car accident law.
Based on how serious the plaintiff’s injuries are, a plaintiff in a rear-end accident case may be able to seek damages from the negligent driver. Even though the no-fault law in Florida usually means you don’t have to prove who was responsible for the accident, negligence is important in situations where the injuries caused by the collision resulted in the need for long-term care, a permanent disability, or if they make it impossible for the victim to go back to work.
In a rear end collision situation that involve any type of serious injury, the rear driver is typically determined to be at fault, but there are some exceptions to this rule.
If a two-car rear end accident occurs, the rear driver is usually considered at-fault because they were following too closely, speeding, or driving while distracted. The law makes the assumption that any reasonable individual driving under similar circumstances would have the ability to avoid an accident.
If the accident involves more than two vehicles, the rear driver may have been pushed from behind by another car. In this situation, the rear driver is sandwiched between two or more vehicles and typically unable to do anything to prevent the accident from occurring.
Since the year 2012, Florida has allowed motorists to present evidence that the front driver’s negligence contributed to their injuries. For example, front drivers who suddenly stop in the middle of quickly moving highway traffic may be considered partially responsible for their injuries. This allows the jury to reduce compensation based on how much they believe the negligence of the front driver contributed to their own injuries.
There’s no question that the car accident laws in Florida are complex. If you were injured because of another person’s negligence or wrongful act, it is essential to speak with an experienced personal injury lawyer as soon as you can. The knowledgeable team of attorneys at Fetterman & Associates can handle rear end collisions, along with any other type of accident you are involved in. Contact our team by calling (561) 983-4771 for help and more information.
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