Practice Areas Car Accidents Rear End Collisions And The Presumption Of Negligence

Car Accident Attorneys Representing Residents of Boca Raton and Surrounding Cities

One of the most common types of car accidents in Florida is a rear-end collision. The National Highway Traffic Safety Administration reports that more than 40 percent of traffic accidents are rear-ended collisions. These crashes can occur at relatively low speeds, resulting in minor damage, or they can happen at high speeds on highways and leave victims seriously injured. The seasoned Boca Raton car accident attorneys at The Grife Law Firm have handled many rear-end collision cases on behalf of Florida residents, which means that we have the experience that it takes to handle your claim in a prompt and efficient manner and to ensure that you receive the maximum amount of compensation that you are entitled to obtain. Whether you were just recently involved in a crash and want to learn more about your options, or you are already dealing with insurance companies, we are standing by to assist you.

Understanding Florida’s Presumption of Negligence in a Rear-End Collision Case

If you are injured in a car accident, you can file a personal injury claim against the person who caused your injuries. In this lawsuit, you will need to show that the defendant drove his or her car negligently. Fortunately, Florida has enacted a helpful rule for victims injured in a rear-end crash. This presumption holds the driver of the rear car responsible for the damages that the other parties involved in the crash suffer. The rule is based on the fact that there are a few main ways that rear-end collisions can take place, and most of these ways involve some type of negligence on the part of the driver in the rear car. For instance, they may have been speeding, following too closely, or engaging in distracted driving activities at the time of the crash, such as texting or talking on the phone.

However, a defendant can rebut this presumption by showing that there was no negligence on his or her part that caused the collision to occur. This can include evidence that the leading driver acted negligently at the time of the crash and that his or her negligence contributed to the accident. Perhaps they were driving a car without a functioning brake light, for example, or perhaps they cut in front of the rear driver without leaving room for them to slow down or stop. Florida has adopted a pure comparative fault approach to negligence, which means that the jury can assign a percentage of fault to the plaintiff. Any compensation award in the plaintiff’s favor will be reduced by this percentage. A knowledgeable car crash lawyer can help answer your questions about whether the comparative negligence principle may apply to your case and how it may affect the application of the presumption of negligence by the rear driver.

If you have established that the defendant acted negligently at the time of the rear-end crash and that this negligent conduct was the cause of your injuries, any remaining dispute will focus on the amount of compensation that you are entitled to receive from the defendant. There are many different items of compensation that you can request, such as medical bills. These include emergency responder fees, hospitalizations, medications, surgeries, physical therapy, and ongoing medical care costs. If your injuries prevented you from working, you may also be able to claim compensation for your lost wages, and for your reduced earning capacity in the event that the accident prevents you from returning to your usual occupation. Pain and suffering damages also may be available. Florida law also allows relatives to bring a claim for the loss of their loved one’s support and services. This is known as a loss of consortium claim.