Florida Rear-End Collisions
Rear-end collisions often involve multiple drivers. The first vehicle can stop quickly. When the second (or third, or fourth, etc.) vehicle does not realize the first vehicle has stopped, before they even know what happened the second vehicle collides with it. The next vehicle does not have time to react and hits the middle vehicle, creating a three-car collision.
In Florida, determining who is at fault in a rear-end collision is complicated. Historically, Florida has blamed the last vehicle in a rear-end crash. But recent rulings in the court system have made it more complicated. That is why you need to hire a Florida personal injury attorney, so your rights are protected and you can receive fair compensation.
The Florida Supreme Court has tried to clarify different rulings in the court system. Now, it appears the last person in the rear-end collision is not always at fault. The court wrote, "where evidence is produced from which a jury could conclude that the front driver in a rear-end collision was negligent in bringing about the collision – or that the negligence of the rear driver was not the sole proximate cause of the accident – the presumption that the rear driver’s negligence was the sole proximate cause of the collision is rebutted, and all issues of disputed fact regarding comparative fault and causation should be submitted to the jury."
The court will consider several exemptions to the rule that the last person always is always at fault in a rear-end collision. They include:
- The lead car suddenly and unexpectedly stopped.
- The lead car was illegally stopped in the road.
- Mechanical failure in the rear vehicle.
This is important because rear-end collisions can cause serious injury to both individuals and vehicles. You might be partially at fault if you were the rear vehicle, but could still be entitled to compensation under the new interpretation of Florida law.
If you've been injured in a Florida rear-end collision accident, contact personal injury attorney James O. Cunningham immediately at 877-FL-INJURY (877-354-6587) for a free initial consultation.
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