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Fault In A Florida “Rear End” Car Accident

In Florida, there is a rebuttable presumption that the operator of a vehicle which rear-ends another vehicle is at fault for causing the accident. This means that generally, the person that rear-ends another is at fault. The rebuttable presumption can be overcome with evidence that the operator of the front vehicle stopped unexpectedly or slowed down when there was no reason for a motorist traveling behind to anticipate that the front vehicle would stop or slow down. The presumption of negligence can also be overcome with evidence that the operator of the vehicle that was struck suddenly changed lanes causing the accident.

Once the driver who rear-ended the vehicle presents evidence sufficient enough to overcome the presumption of negligence, then it is up to the jury to determine who is at fault. There have been instances where the driver of the front vehicle has been found 100% at fault for causing the collision. Other times, juries have found both motorists at fault under the doctrine of comparative negligence.

In the vast majority of cases, the issue of fault in rear end collisions is not contested; either the driver of the rear vehicle admits fault or does not seriously contest it.

Injuries in Rear-End Collisions

There are many times of injuries that could occur as a result of a rear end collision but the lists of most common include:

  1. Soft Tissue Injuries -Whiplash and Herniated Discs
  2. Fractures
  3. Seat Belt Injuries

Are Injuries Often Disputed?

Although the issue of fault in a rear end collision is not disputed in many instances, the nature and extent of the injuries are almost always disputed by the at-fault driver’s insurance company.

What Should You Do?

If you have been in an auto accident you should seek the advice of an experienced personal injury attorney. Kovar Law Group offers free consultations and case evaluations.

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