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…
Miami Rear-End Car Accident Lawyer
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).
Representing Miami Car Accident Victims in Rear Collisions
Our car accident attorneys in Miami have represented numerous accident victims involved in rear end accident cases. Common types of rear end collision cases are unusually due to negligent, careless, or reckless acts, including:
- Distracted Driving
- Accidents from Following Too Closely
- Texting and Driving Drunk Driving
- DUI/DWI Car Accidents
- Hit and Run Car Accidents
- Chain Reaction Car Accidents
- Accidents from Following Too Closely
- Aggressive Driving
- Careless Driving
- Reckless Driving
Common Causes of Rear-end Car Accidents
Based on our years of handling cases like this here are some of the most common causes of rear-end car crashes:
Drunk Driving – Drivers who are intoxicated or under the influence of other substances such as marijuana or prescription drugs should not be behind the wheel. This is because the driver’s reactions and driving skills are impaired. Some impaired drivers even pass out. Our Miami Personal Injury Attorneys and Wrongful Death Lawyers in Miami have seen firsthand the devastation that can result from Drunk Driving Accidents in Miami.
Weather – In Miami and throughout Florida the weather can change suddenly from one minute to the next. Inexperienced drivers, impaired drivers, or diminished ability drivers tend not to handle suddenly changing weather. As a result, they cause rear-end crashes when they cannot stop in time or slide into vehicles that are legally and lawfully stopped.
Distracted Drivers – Now more than ever in the history of driving, drivers are distracted. They talk, listen, text, watch videos, eat, drink, and everything else except driving.
Defects in the Road and Construction Sites – Highway construction in Florida is an ongoing process. Cement trucks enter and leave our highways with little or no warning. Sometimes barricades or cones are improperly placed. Flag-waiving workers can appear out of nowhere. Road construction improperly marked or completed can cause rear-end collisions as drivers react to sudden changes of road and street conditions.
Injured in a Rear End Collision in Miami?
Most drivers do not know what to do after a rear-end car accident. Each year in the US, there are over 6 million car accidents. In the aftermath of a accident, it can get really stressful because drivers may be injured or confused, cars are often mangled and leaking fluid, and traffic can continue to pass dangerously close to the scene of the accident. Therefore, it is important to understand how to respond in the event of an accident to ensure you protect your rights. Of course, your safety and the safety of your passengers should be your first priority. Make sure to check around to see if anyone is injured so that you can seek medical attention immediately.
Remember, no matter what, do not leave the scene of a car accident. Regardless of fault, all drivers must stay at the scene of the car accident because if anyone who fails to do so can be charged with a crime. One of the first things you should do if possible is to move your car off the road. Once your car is safely off the road, move away from the car if you can. Don’t assume that other drivers will act safely just because they’re approaching the scene of an accident. If there’s a safe place for you to wait until the police arrive, exit your car and wait there. If it’s unsafe to exit your car, or you’re injured and unable to move, stay put and wait for the police and first responders to arrive. Next, we recommend that while you wait for the police to arrive, avoid the temptation to talk to the other driver or drivers, remain calm. At most, you can exchange insurance information with the other driver. If you’re injured or not up to exchanging info, don’t worry, the police will get the other driver’s insurance and contact details when they arrive. As with any motor vehicle accident, it is important to seek prompt medical attention and document all injuries right away.
It’s not uncommon for some car accident victims to realize they are injured the after the initial impact of the accident at a time when it is too late to properly document the injuries sustained due to the accident. This lack of proper medical documentation can make it difficult to recover for the medical expenses incurred.
Legal Assistance for Victims of Rear End Car Crashes in Miami
At Suarez & Montero Car Accident Lawyers, we believe that rear-end accidents and injuries are preventable. Being involved in a serious car accident can be devastating for the victim, and even the victim’s family and friends for many reasons. For one, it can create the financial burden of having to pay for medical expenses, vehicle repairs and the like. It can be especially difficult when the person who is injured cannot work as this reduces the amount of income available to pay for these expenses. Escalating medical expenses not covered by insurance and lost wages due to hospitalization and injury adds another layer of stress to the equation. By seeking an attorney to help you obtain compensation for your damages, you can help ease the stress of dealing with the aftermath of a car accident including some of the financial difficulties that come along with an accident. If you sustained serious injuries in a car accident or lost a loved one due to the negligence of another driver in a car crash, you may have the right to obtain compensation for your loss and to sue for damages under Florida law. Generally speaking, you are allowed to file a personal injury liability claim and a property damage liability claim to recover your losses.
Rear-end Car Accident Claims and Settlement
After an auto accident, you expect compensation for your property damage and personal injuries. Most of the time, the driver of the last car in a rear-end accident is assigned fault. If you live in a no-fault insurance state, you can file a claim with the at-fault driver’s insurance company to get your car fixed, but you may be limited to your auto policy’s med-pay or personal injury protection (PIP) coverage to pay for your injuries. Even in a no-fault state, you may be able to pursue the at-fault driver for injury compensation if your damages exceed the no-fault limit. Don’t hesitate to speak with a personal injury attorney about the value of your claim. Most of the time, the driver who rear-ends another car is fully liable for the accident, and the only thing to hash out with the at-fault driver’s insurance company is the value of your injury claim. However, there are times when the insurance company might say you are at least partly to blame for the crash, even though their insured rear-ended you. For example, if your brake lights weren’t working, and the driver behind you didn’t see you had stopped. If you’re in this situation, talk to an attorney. Don’t rely on the insurance adjuster’s opinion of your fault. Most states have comparative negligence laws, meaning you can pursue compensation from the other driver even if you were partly to blame for the accident. Compensation is reduced in proportion to your share of the blame. In many cases, an attorney can help prove that you have no responsibility for the crash.
Speak to our Miami Rear-End Car Collision Attorney Today
When you hire a Car Accident Attorney from the law offices of Suarez & Montero, your attorney will review the information that was gathered during the investigation and use it to file a lawsuit against the at-fault driver. If negotiations with the insurance company fail and an agreement cannot be reached, your attorney will prepare your case for trial, where a judge or jury will determine the amount of compensation that you are eligible to receive. If you have been injured in a rear-end accident, call a car accident attorney at Suarez & Montero today! We have the resources and experience to help win your case.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
Frequently Asked Questions
Yes. Suarez & Montero’s legal team will focus on your case by gathering evidence, consulting with experts, and negotiating with the insurance company on your behalf, so you can focus on getting your life back on track.
Our firm operates on a contingency fee basis, which means you only pay us if and when we win your case. Our fee would come in the form of a percentage of the settlement or verdict amount we obtain.
Before signing anything, be sure to contact a car accident attorney to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some cases, the insurer may offer an early settlement, which may not fully compensate you for all of your injuries.
Compensatory damages are intended to replace what was lost and nothing more. In order to receive compensatory damages, you must prove that you have suffered a loss that can be monetarily assessed and measured by a judge or jury. Compensatory damages are often awarded in cases of physical injury, in which medical bills and missed time at work can be repaid. But courts will often weigh many kinds of injury that aren’t as straightforward, such as emotional distress.
To have a viable personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence occurs when an individual fail to exercise a reasonable standard of care for the safety of others. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.