Rear-end collisions are among the most common car accidents on the nation’s highways. Unfortunately, driver distractions – such as cell phones, GPS controls, and texts – are likely to cause the number of rear-end collisions to escalate. If you were seriously injured in a rear-end accident, it is important to understand your rights under Florida law.
Florida’s No-Fault Insurance Law
Like a handful of other states, Florida is a no-fault car accident state. Rather than pursuing compensation from the insurance company of an at-fault motorist, Florida drivers must obtain compensation through their own insurance carrier. There are, however, some important exceptions to the at-fault car accident law. Depending on the seriousness of the plaintiff’s injuries, a plaintiff in a car accident case may be able to pursue damages against a negligent driver. Although Florida’s no-fault law typically makes it unnecessary to prove which driver was responsible for the accident, the issue of negligence becomes important in cases where the injuries involved in the collision require long-term care, result in permanent disability, or render a victim unable to return to work. In rear end accident cases that involve serious injuries, the rear driver is usually at fault, although there are exceptions to this rule.
When there are two vehicles involved in a rear-end accident, the driver in the rear is usually held liable for driving too closely to the vehicle in front. They may have been distracted or simply tailgating. In either case, such behavior would be considered a breach of the duty of care, which constitutes negligence. There are, however, some circumstances when the driver in front could be held partially or entirely liable. A car accident attorney can review the facts of your case to determine liability.
Since 2012, Florida has permitted drivers to present evidence that the negligence of the front driver was a factor contributing to a rear-end accident. For instance, if the driver in front stopped suddenly or drove in reverse accidentally and caused the crash, this might constitute negligence.
Florida Car Accident Lawyers
Florida’s car accident insurance law is complex. If you were hurt in a collision that someone else caused, or if you intend to bring a claim against your own PIP insurance in a crash that you caused, it is advisable to consult a personal injury lawyer right away. The knowledgeable attorneys at Emerson Straw, PL handle all types of car accident and wrongful death cases. Contact our office at (727) 821-1500 to speak to an attorney about your case.