Rear End Car Accidents in Florida: What You Need to Know
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 have been injured in a rear-end collision, it is important to understand your legal 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.
In a two-car rear end crash, a rear driver is typically assigned fault for following too closely, driving distracted, or engaging in excessive speed. The law assumes that a reasonable person driving under similar circumstances would have been able to avoid a crash. In an accident involving multiple vehicles, however, a rear driver may be pushed from behind by another vehicle. In these situations, a rear driver is actually sandwiched between two or more other vehicles and usually helpless to prevent a collision.
Since 2012, Florida has allowed motorists to introduce evidence that a front driver’s own negligence contributed to his or her injuries. For example, a front driver who stops suddenly in the middle of fast-moving highway traffic may be partially responsible for his or her injuries – as a result, the jury can reduce compensation based on how much it believes the front driver’s negligence contributed to his or her injuries.
Florida Car Accident Lawyers
Florida’s car accident insurance law is complex. If you have been injured due to another driver’s negligence, it is important to speak with an experienced personal injury attorney as soon as possible. The knowledgeable personal injury 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.