Rear-end collisions happen quite frequently in Florida. Many people assume that they can recover damages after being rear-ended in a motor vehicle accident. Often it is assumed that the rear driver was the sole cause of the accident. If the rear driver can produce evidence that shows that they are not solely responsible for the accident, the rear-end driver can rebut the presumption of fault for the accident. For instance, if the rear driver may is able to prove that the driver in front stopped suddenly or unexpectedly or had a mechanical failure, a jury can determine the degree of the rear-ending driver's negligence.
Florida is a Comparative Negligence State:
Unless a party is 100% responsible for an accident, any party to the accident may have a claim for damages.
What to do After a Rear-End Accident:
- If the rear-end accident is at all serious, try to pull the vehicle over to the side of the road where it will be safe.
- Turn on emergency flashers.
- Exchange driver information such as names, addresses, phone numbers, driver's license number, license plate number of other vehicles, the make and model of the other vehicle and insurance information.
- Obtain contact information of any witnesses.
- Call 911 if there are any injuries.
- Be truthful when questioned by police, but do not volunteer any information.
Reasons for Rear-End Accidents:
There are several different scenarios that can lead to a rear-end accident. One of the most common reasons is following too closely also known as "tailgating." Florida Statute 316.0895 (1) states:
"The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of the highway..."
Distracted Driving: A rear-end accident can occur when the rear driver Is distracted by talking or texting on their phone or various other distractions that focus the driver's attention on something other than the road in front of them.
Excessive Speed: A driver going too fast may not be able to stop in time to avoid hitting the vehicle in front of them.
Injuries from Rear-End Accidents:
Many victims of rear-end accidents experience soft tissue injuries such as whiplash. Whiplash is a neck injury that occurs when your head moves backward and then forward suddenly. Sometimes more serious injuries such as herniated discs or fractures can occur from rear-end accidents.
Seat belt injuries can cause skin lacerations and they can also bruise the chest, ribs, and collarbone.
Sarasota and Bradenton Rear-End Accident Attorneys:
Victims of Sarasota rear-end collisions can face a wide variety of injuries and deserve compensation for their injuries including medical expenses, lost wages, and pain and suffering. If you have been involved in a Sarasota rear-end collision, don't take the wait and see approach if your injuries don't seem serious at first. They could definitely worsen. To ensure that your rights are protected and to receive adequate compensation, contact the experienced Sarasota rear-end accident attorneys at Michael L Morgan Law Group We work on a contingency fee basis, so we charge no fees unless we recover compensation on your behalf. Call (941) 218-8220 to schedule a free consultation.