Though often perceived as minor accidents, rear-end collisions can have significant legal implications. Determining liability, understanding insurance coverage, and seeking compensation are crucial for anyone involved in a rear-end collision.
At Fetterman Law, we understand the legal intricacies of rear-end collisions. Here, you can learn more about what factors determine liability, the role of insurance, and how to seek compensation for your injuries and damages. You can also count on our Florida car accident lawyers to provide guidance and legal representation throughout this process.
Establishing Liability in Rear-End Collisions
Liability in rear-end collisions typically rests on the principle of negligence. The driver who fails to exercise reasonable care and subsequently causes the accident is generally held responsible.
However, there are scenarios where liability might be shared or assigned differently:
Presumed Liability
In most cases, the driver of the trailing vehicle is assumed to be at fault for not maintaining a safe following distance or failing to react in time. This presumption is based on the expectation that drivers should leave enough space to stop safely.
Shared Liability
There are instances where both drivers in a car accident share liability. For example, if the leading vehicle suddenly changes lanes without signaling, making a sudden stop, or brakes without reason, the trailing driver may have a valid argument for shared liability. This also applies to situations where the brake lights are not working, and a Florida rear-end collision occurs.
Defensive Driving and Contributory Negligence
Contributory negligence, including rear-end accidents, must be considered in Florida personal injury cases. This means that the actions of the plaintiff contributed to their injuries. If true, the plaintiff is partially responsible for their injuries and damages.
Florida law follows the modified comparative negligence rule. This means that your percentage of fault can reduce your damages. For example, if you are found to be 25% at fault for the rear-end accident, your damages (compensation) are reduced by 25%.
However, you cannot recover damages if you are more than 50% at fault for an accident. Understanding this law is imperative to know if you can recover compensation after a rear-end accident.
Gathering Evidence
Proving liability requires solid evidence. After a rear-end collision, it’s important to gather pertinent information. If you are injured, this may be challenging or impossible. When you hire a car accident attorney from our law firm, we can take this over on your behalf. Some of the evidence we will gather after a Florida rear-end collision includes:
- Police Report: If law enforcement is called to the scene, their report can provide an unbiased account of the accident. We will use the information in this report to help determine liability and hold the negligent driver responsible.
- Witness Statements: Statements from witnesses who saw the accident can help establish the sequence of events and assign fault. Sometimes, motor vehicle accident cases are won (or lost) based on what witnesses say.
- Photographs: Pictures of the accident scene, vehicle damage, skid marks, and road conditions can provide valuable visual evidence. If possible, capturing these directly after the accident is imperative since evidence like this can be destroyed or lost quickly.
- Medical Records: If injuries are involved, medical records can support your claim by showing the extent of harm caused. Our experienced personal injury lawyer can use these records to help with your rear-end collision case.
It is important to note that after a Florida rear-end collision, all injured parties should be evaluated by a doctor, even if they feel fine. Some injuries will not show symptoms immediately. This may be deceiving and make you believe you were not injured.
If you do not seek treatment, hidden injuries may become worse. Also, waiting to seek medical treatment may cause the insurance company to claim that the injuries sustained in the accident were caused by something else.
Insurance Coverage
Understanding your insurance coverage is crucial when dealing with rear-end collisions. Florida is a no-fault state. This means each driver in a rear-end accident will seek compensation from their insurance policy first.
Florida requires all drivers to purchase PIP, personal injury protection and PDL, property damage liability insurance coverage. They must carry $10,000 in coverage for each policy. If the damages exceed the coverage the accident victim has with their PIP and PDL policies, it may be possible to file a personal injury lawsuit against the at-fault driver.
It is best to consult with our car accident lawyer to know if you have a viable case. Not all car accidents will meet the requirements to file a civil lawsuit. It is necessary to know and follow Florida law in these situations.
At Fetterman Law, we offer accident victims a free consultation to discuss their car accident cases. We will help with insurance claims and finding evidence to prove the other driver’s negligence, making it possible to seek damages (in some cases).
Seeking Compensation
If you are injured in a rear-end crash, and it is proven that another driver is at fault, you may be able to recover compensation. The first step is to file an insurance claim with the at-fault driver’s insurance provider.
An experienced attorney can help with this. They will also work to negotiate with the insurance company to agree on a fair compensation amount. If negotiations do not yield a fair settlement amount, your attorney can take the case to court to fight for your rights to be treated fairly and offered a fair amount of compensation.
The compensation you can recover after rear-end crashes includes the following:
Medical Costs
After being rear-ended, you will likely need to seek medical attention because you suffered injuries. You may experience serious injuries like broken bones, traumatic brain injuries (TBIs), and spinal cord injuries.
When you file a lawsuit against the negligent driver, you can include the cost of medical care and treatment in the compensation amount. This will be significant for some, and recovering damages will help you cover the costs without experiencing financial hardship.
Lost Wages
If you experience a serious injury, like a traumatic brain injury, spinal cord injury, or something else, you may not be able to return to work for several weeks, months, or ever. If this is the case, you can include your lost wages for this time in your compensation claim. For many, their no-fault coverage (personal injury protection) may not be enough to cover these costs.
Property Damage
In a Florida rear-end accident, property damage is not unusual. While seeking damages for medical treatment and lost time at work is possible, you can also recover any costs of property damage you incur.
Pain and Suffering
A rear-end crash can cause serious pain and suffering for victims. In some cases, it can lead to wrongful death. In both situations, it may be possible for the accident victim or their family to recover damages.
If you plan to file a car accident case or wonder if you can, contact our personal injury lawyers for a free case evaluation. When accidents occur, serious issues can arise. We are here to help accident victims recover the compensation they deserve.
Steps in the Legal Process
After a rear-end collision, navigating the legal process can be challenging, especially if you are recovering from injuries. Our Florida car accident attorney can help with this. Learn more about the legal process of personal injury claims here.
- Contact a Personal Injury Lawyer: If you believe you have a valid claim, consult an experienced personal injury attorney from Fetterman Law. Our personal injury law firm can guide you through the legal process and advocate on your behalf.
- Investigation and Documentation: Your attorney will investigate the accident, gather evidence, and document your damages.
- Demand Letter: Your attorney might send a demand letter to the at-fault driver’s insurance company outlining your claim and requested compensation.
- Negotiation: Insurance companies often engage in negotiations. Your attorney will work to secure a fair settlement on your behalf.
- Filing a Lawsuit: If negotiations fail, your attorney might recommend filing a lawsuit against the other driver. The case could be settled during litigation or proceed to trial if necessary.
Florida’s Statute of Limitations
It’s important to know the statute of limitations – the timeframe within which you must file a lawsuit. In Florida, accident victims have two years to file a personal injury claim, including a wrongful death claim.
Conclusion
Rear-end collisions, though frequently considered minor accidents, can have complex legal ramifications. Determining liability, understanding insurance coverage, and seeking compensation require careful attention to detail and knowledge of legal procedures. If you find yourself involved in a rear-end collision, remember that seeking legal advice early can help you navigate the legal landscape, ensuring that you receive the compensation you deserve for the damages you’ve suffered.
