In the event of a rear end auto accident it can be difficult to know who is considered at fault. Most people understand that rear end auto accidents often have the onus placed on the driver in the rear during the accident. If someone rear ends your vehicle It’s very likely that they will be held liable for the accident.
In the state of Florida there is a law called rebuttable presumption in which a rear driver is always considered at fault for a rear end collision. Florida law prohibits tailgating or vehicles following too closely and this means that you don’t have to prove negligence.
One of the most common misconceptions is that the rear end driver is always going to be to blame. The rear end driver may be able to present some evidence that the driver in the front of the accident did something wrong. There are cases that regularly occur in which a rear end driver was not responsible and this dissolution of responsibility ensures that the injured victim will not be able to receive reparations from this driver. Comparative negligence is generally used in Florida as a means to assign a percentage of the blame to everyone that’s involved in the accident. In these types of cases, the responsibility to pay out for injuries and costs associated with the accident can be divided amongst various parties involved in the accident.
If you need access to a defense in a rear end auto accident claim even if liability is clear, speaking to us today can make sure that you can prepare a defense immediately!
This post was written by Wendy Doyle-Palumbo. Wendy has over 25 years of experience practicing law and has won several cases in helping those get the compensation that they deserve! Click here for more information! The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.