Rear-End Car Accident in Florida

Rear-end collisions are an all-too-frequent occurrence in Florida and across the United States. In fact, rear-end accidents account for almost a third of all accidents in the country, according to data from the NHTSA. This means hundreds of thousands of rear-end car accidents in Florida each year.

Along with the property damage involved, being in this type of accident also increases the risk of serious injuries like concussion and whiplash. If you’ve been in a rear-end accident, it’s normal to feel anxious and have questions, including whether it’s your fault and if your expenses will be covered.

This informative overview will help you understand rear-end car accidents in Florida, how fault is determined, and how a lawyer can help your case.

What is a rear-end car accident?

A rear-end car accident is when a car or other vehicle collides with the vehicle directly in front of it. This is in contrast to different types of collisions, such as head-on collisions, sideswipes, or t-bone collisions.

Rear-end car accidents can occur when both vehicles are moving or when the car in front is stopped or parked. For example, rear-end collisions often happen at stop lights when the driver behind starts moving when the light turns green, but the front vehicle hasn’t moved yet.

Causes of rear-end car accidents can include following too closely, being distracted, being at different speeds while accelerating, weather conditions, and sudden stops.

How is fault determined in a rear-end accident?

Often, the presumption of fault in a rear-end car accident will be on the rear driver. According to Florida law, drivers are responsible for driving at a safe and prudent distance from the vehicle in front of them. This will ensure that if the front car needs to suddenly stop, the other driver will have time to respond.

From the standpoint of the law and an insurance investigation, the burden of proof will be on the rear driver to find evidence of mitigating circumstances.

Examples of cases where the rear driver may not be at fault, or only partially at fault include:

• Poor weather or road conditions
• Careless or reckless driving by the front vehicle, including sudden lane changes and rapid stopping
• Mechanical failures
• Poorly marked or malfunctioning signage or stop lights

An important factor in determining fault for a rear-end car accident in Florida is the concept of comparative negligence. In states like Florida that practice some version of this idea, judges can assign a percentage of fault to both drivers. So if the front driver is rear-ended because they were distracted at a stoplight and should have been moving, the judge may assign a percentage of fault and reduce the other driver’s liability.

What to Do After a Rear-End Car Accident in Florida

Anyone on either end of a rear-end car accident in Florida should take the following steps:

• Stay at the scene of the accident
• Make sure you and any passengers are ok
• Safely remove your car from the flow of traffic if possible
• Check on the safety of the other driver and anyone else involved and make reasonable efforts to provide assistance
• Notify the police and emergency responders if necessary
• Exchange basic information, including insurance details, with the other driver
• Speak to any witnesses and get contact information
• Take pictures of the crash scene and any damage that occurred
• Call your insurance carrier to report the accident and file a claim
• Provide any information to the on-site police officer
• Do not admit any fault or provide unsolicited information to the police or other party, but do cooperate and truthfully answer any questions from law enforcement
• Even if you are not suffering any apparent injuries, seek medical assistance within 14 days

How an Attorney Can Help

Rear-end car accidents can come with significant physical, financial, and emotional costs for anyone involved. When you have a car accident attorney at your side, you can ensure you receive a thorough and fair investigation to determine the causes. You can also rest assured that you will receive any compensation you are entitled to.

Your lawyer will have experience asking the other driver questions, requesting documents, and using expertise to reconstruct the accident. In the case of a rear-end car accident, this may include requesting video footage, speaking with doctors to determine how your accident may affect you in the future, and deposing witnesses.

An attorney can also help make sure anything you say can’t be used against you later by the other party or their insurance company. Lawyers also understand and know how to meet the critical deadlines that can impact an accident claim. The primary goal is to help you focus on recovery and moving on with your life, and not have to worry about the legal process.

Call Hartpence Law for a Free Consultation with a Car Accident Lawyer

If you’ve been involved in a rear end car accident and don’t know how to move forward, let us help you. Call us at (855) 680-4911 or schedule a free consultation.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.