Boca Law, a boutique personal injury law firm in Boca Raton, helps victims of accidents throughout the State of Florida. A rear-end accident is when one car strikes another from behind. While there are many different types of auto accidents, the most common type of automobile accident is rear-end collisions.
The Presumption of Negligence in Rear-End Crashes
In a rear-end collision, the rear driver is, in most cases, always legally responsible. The rear driver has various factors within his or her control, such as safe traveling distance and adjusting speed to the leading car, and-under normal circumstances-the leading car is always visible to the rear driver. Thus, Florida law creates a presumption that a rear driver is responsible for the accident.
However, this presumption is rebuttable. For example, the rear driver might not always be held liable or might be found only partly responsible, if:
- A mechanical fiasco the driver could not have reasonably foreseen caused the accident, or
- The front driver’s negligent act, such as making a sudden stop in the middle of traffic, caused the accident
It’s vital to note that not just any negligence on the part of the leading driver or another party will rebut the presumption. The rear driver should be allowing sufficient space and paying enough attention to adapt for the most foreseeable circumstances and avoid collision.
Rebutting the presumption also doesn’t necessarily mean the rear driver won’t be held accountable at all. Rather, the analysis shifts to “comparative fault,” which is the standard applied in most other personal injury cases. Under comparative fault, the defendant in a personal injury case is liable for damages only to the extent that he or she is accountable for the accident. An experienced Boca Raton auto accident lawyer will help you rebut the presumption if you happen to have been the rear driver in the accident.
For example, if the jury finds that the presumption has been overcome and the rear driver was only contributory negligence is 60%, while the lead driver was 40% responsible, the rear driver will be responsible for only 60% of the damages.
In short, although every case is unique, a driver who injures you by hitting your car from behind will usually be responsible for your injury expenses and other damages. However, the rear-driver will likely try and claim otherwise or argue one of the limited exceptions mentioned above. That is why it is extremely important after a Boca Raton car accident, you should immediately call or text a Boca Raton Personal car crash lawyer.
Damages in Rear-End Car Accident Cases
Some common types of damage awards in rear-end car accident cases include:
- Reimbursement for medical bills incurred
- Compensation for expected ongoing medical care, therapy, and other treatment
- Compensation for income lost due to the injury
- Compensation for future loss of income
- Property damage, such as the cost of vehicle repairs
- pain and suffering
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