How Does Florida Handle Rear-End Collision Cases?

In Florida, rear-end collision cases are generally handled under the presumption that the rear driver is at fault for the accident. However, evidence can be presented to show that the other driver contributed to the collision or was negligent.

Experiencing a rear-end collision can be a life-altering event. It’s not just the immediate shock and damage; the aftermath can deeply affect you or your family’s life. In such times, it’s crucial to have a Florida car accident lawyer who knows the ins and outs of these cases.

At Viles & Beckman, we’re here to assist you. We aim to help you get compensated and get your life back on track. This article will guide you through the essential aspects of rear-end collision cases in Florida.

Understanding Rear-End Collisions in Florida

Rear-end collisions are among the most common types of car accidents in Florida. They occur when one vehicle hits the back of another. This can happen for various reasons:

• Driver Distraction: One of the leading causes of rear-end collisions is driver distraction. This includes texting, eating, or any activity that takes the driver’s focus off the road.
• Sudden Stops: When the car in front stops suddenly, the driver behind may not have enough time to react, leading to a collision.
• Poor Weather Conditions: Rain, fog, or other weather conditions can reduce visibility and road traction, increasing the risk of rear-end accidents.
• Speeding: Driving over the speed limit reduces the driver’s ability to stop in time to avoid a collision.
• Tailgating: Following too closely behind another vehicle leaves insufficient space to stop safely.

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What to Know About How Florida Handles Rear-End Collision Cases

Florida’s approach to rear-end collisions is rooted in the principle that drivers must maintain a safe distance from the vehicle in front of them. This leads to the initial assumption that the rear driver is responsible for the collision.

The law recognizes that the rear driver typically has the best chance to avoid the accident by maintaining a safe following distance, paying attention to the road, and adjusting for traffic conditions.

Exceptions

The rear driver has the opportunity to present evidence that can shift some or all of the blame to the other driver. Such evidence might include situations where the front driver:

• Suddenly reversed
• Stopped abruptly without a valid reason
• Had malfunctioning brake lights

In these cases, the front driver’s actions or negligence can be seen as contributing to the accident.

2023 Tort Reform and Its Effects on Florida Rear-End Collisions

Florida’s 2023 tort reform, introduced through HB 837, significantly alters the legal landscape for rear-end collision cases. Key changes include:

• Reduced Statute of Limitations: The time to file general negligence claims, including rear-end collisions, is now two years instead of four. This change necessitates quicker action from victims to pursue legal claims.
• Modified Comparative Negligence: The shift to a modified comparative negligence standard means that if a plaintiff is over 50% at fault in a rear-end collision, they cannot recover damages. This emphasizes the need for accurate determination of fault in these accidents.
• Changes in Medical Bill Admissibility: Now, only the actual amounts paid or allowed for medical expenses are admissible in court, affecting how damages are calculated in rear-end collision cases.

These reforms highlight the importance of prompt and informed legal action in rear-end collision cases, given the tighter deadlines and new standards for fault and damage assessment.

Role of a Florida Rear-End Collision Lawyer

When you hire us for a rear-end collision case in Florida, we take immediate action. Our approach is thorough and tailored to each case. Here’s what we do.

Initial Case Review

We start by reviewing all the details of your case. This includes examining the accident report, talking to witnesses, and assessing the damage. This helps us understand the accident’s circumstances and build a strong foundation for your case.

Gathering Evidence

We collect all necessary evidence to support your claim. This includes photos from the accident scene, medical records, and expert opinions. Solid evidence is key to proving fault and the extent of your damages.

Dealing with Insurance Companies

We handle all communications with insurance companies. Our goal is to ensure you get fair compensation without getting bogged down in the complexities of insurance negotiations.

Legal Representation

If your case goes to court, we represent you throughout the legal process. We prepare and present your case, aiming for the best possible outcome.

Settlement Negotiation

In many cases, we can negotiate a settlement without going to court. We work to get you a settlement that covers all your damages, from medical expenses to lost wages.

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Types of Compensation in Rear-End Collision Cases

If you’re involved in a rear-end collision in Florida, you may wonder what kind of compensation you can receive. Compensation is money awarded to cover the costs and impacts of your accident. Here are the types you might be eligible for:

• Medical Expenses: This covers all medical treatments related to the accident, including future medical care for common injuries caused by rear-end collisions, such as whiplash and spinal cord injuries.
• Lost Wages: If you miss work because of the accident, you can get money for the wages you lost.
• Property Damage: This is for repairs or replacement of your vehicle and any other damaged property.
• Pain and Suffering: This is for the physical pain and emotional distress caused by the accident.
• Punitive Damages: In some cases, if the other driver was extremely careless, you might get extra money as a punishment to them.

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Contact a Florida Rear-End Collision Attorney Today

Rear-end collisions can turn your life upside down. You might face injuries, car damage, and financial stress. It’s important to take action quickly to protect your rights and get the compensation you need.

If you’re dealing with a rear-end collision in Florida, contact us at Viles & Beckman. We’re ready to help you through this tough time. We’ll handle the legal work while you focus on getting better. Don’t wait; the sooner you start, the better your chances of a successful outcome. Contact us today for help with your rear-end collision case.

Call or text (239) 334-3933 or complete a Free Case Evaluation form