Determining Liability in a Rear-End Collision

Rear-end collisions are among the most common car accidents in the state of Florida. If you have been injured in a rear-end collision, it is important to understand your legal rights under Florida law. Without being overly technical, you should understand that there is a “presumption” in Florida that a driver who rear-ends the car in front is at-fault and is responsible for the personal injuries that result from the car accident.

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.

Under Florida law, in a negligence lawsuit, if you are partly at fault for your injuries, the percentage of your fault will be deducted from the amount of damages you can recover from the rest of the Defendants (the people being sued). This is because Florida is one of 13 states that follows the pure comparative negligence rule, which assigns a percentage of fault to each party and apportions the damages accordingly.

To illustrate, under Florida law, a driver who is 99% at fault in an accident can recover 1% of damages from the other driver for their injuries. As a result, Florida allows motorists to introduce evidence that a front driver’s own negligence contributed to his or her injuries. For instance, 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.

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 Suarez & Montero handle all types of car accident cases.

Contact our office at (786) Lawyers Today!