A “rear-end collision” is a car accident involving a driver who fails to stop his or her vehicle and crashes into the vehicle directly in front. Some rear-end collisions may cause a “chain reaction” where one vehicle strikes another in the rear propelling it into a third vehicle and thus involving several cars, perhaps even significantly more than two or three.
Usually the common causes of these type of collisions include driver inattentiveness and distraction (such as from texting), speeding, tailgating, and brake failure. Presently, the number of rear end collisions is increasing because of new driver distractions like texting, phone calls, iPods, and in-dash DVD players. Road rage incidents often because of tailgating seem to be more common every day. Drivers have a duty to drive safely and this includes a duty to keep an assured safe distance from the vehicle in front of you and not follow too closely.
Florida is a “no-fault state.” This means that in Florida, drivers must carry their own automobile insurance, and, in case of an accident, collect compensation for their own damages from their insurer instead of suing the other driver. No-fault insurance is not without exceptions as injured motor vehicle operators in Florida may still sue an at-fault driver in some situations.
Under Florida law, there is a rebuttable presumption that the operator of a vehicle which rear-ends another vehicle is at fault for causing the accident. A driver may rebut this presumption with evidence that the operator of the vehicle traveling in front unexpectedly stopped or slowed down when it would not have been reasonable for a motor vehicle operator driving behind to anticipate that the front vehicle would stop or slow down. The presumption of negligence may also be overcome with evidence that the operator of the struck vehicle suddenly changed lanes immediately before the accident occurred without giving any indication that it would do so (failure to use turn signal).
Once the driver who rear-ended the vehicle presents evidence sufficient to overcome the presumption of negligence, then the jury determines the party, or parties, at fault. The court will apply the doctrine or theory of comparative negligence when multiple parties are at fault.
If you or a loved one has been injured in a car accident which involved a rear-end collision, you need a personal injury attorney who you can trust and upon whom you can rely. Board Certified Personal Injury attorney Bryan Caulfield has decades of experience representing individuals in auto accident and all types of personal injury cases. Bryan Caulfield will fight for your rights and get you the compensation you deserve. Schedule a free consultation with Board Certified Personal Injury attorney Bryan Caulfield today.