Kibbey Wagner, PLLC | August 9, 2022 | Car Accidents
Rear-end collisions frequently happen in Stuart, leaving victims facing serious injuries. In the worst cases, car accidents can result in fatalities. Recently, there were over 3,000 accident-related deaths in Florida alone.
Rear-end collisions can occur in the blink of an eye, leaving a victim feeling confused and unsure of what’s next. After a rear-end accident, make sure to consult a car accident attorney in Stuart as soon as possible, as rear-end collision cases can be challenging to handle alone.
What Causes Rear-End Collisions?
There are several reasons why rear-end collisions occur.
Some of the most common causes of rear-end accidents include:
- Distracted driving
- Aggressive driving
- Reckless driving
- Driving under the influence
- Tailgating (following too closely)
- Fatigued driving
In many cases, the rear driver’s actions cause rear-end collisions, but that is not always the case.
Who’s Liable for a Rear-End Collision?
Rear-end collisions are some of the trickiest accident cases because of the liability aspect.
In Florida, it is usually presumed that the rear driver caused the rear-end collision, and often that is the truth. It is not uncommon for rear drivers to tailgate, become distracted, or drive in an unsafe manner. When rear drivers drive irresponsibly, they risk causing rear-end accidents.
However, the presumption that the rear driver is always at fault in a rear-end collision can be particularly frustrating for rear drivers who do not directly cause the accident.
Instances Where the Rear Driver May Not Be Entirely at Fault
The following are the most common scenarios when the rear driver may not be entirely at fault for a rear-end collision.
The Driver In Front Was Brake Checking
When a driver brake checks, they suddenly step on their brakes, usually to startle the driver behind them. This is often used as an aggressive driving tactic and is illegal in Florida.
Brake checking frequently leads to rear-end accidents. However, in some cases, the rear driver may share some of the liability if they were following too closely or they were driving aggressively as well.
If you’re involved in a multi-car accident and collide with the vehicle ahead of you, you may not be liable.
In these situations, it can be difficult or even impossible to prevent a rear-end collision. The party that caused the accident in the first place would be liable.
If the rear driver causes a rear-end collision because the front driver’s taillights were not working, this could limit their liability. Nonetheless, the rear driver may still share some of the fault, as Florida law requires drivers to avoid following vehicles too closely.
Comparative Fault for Rear-End Accidents
Florida law provides a statute for pure comparative fault.
Under this law, if you share some fault for your accident, your compensation can diminish based on your percentage of fault. However, even if you share fault, you’re not barred from receiving compensation.
So, for example, if you’re 10% at fault for your accident and your awarded compensation is $10,000, you would be entitled to receive $9,000.
A car accident attorney can better explain comparative negligence and address your concerns.
After a Rear-End Collision, Consult a Stuart Car Accident Attorney
After a rear-end collision, discuss your case with a car accident lawyer as soon as possible.
Because rear-end accidents can be difficult to navigate, you don’t want to handle your claim entirely on your own. A skilled attorney can use their knowledge and experience to properly handle your claim and pursue recovery for your injuries and other losses.