Most injury victims couldn’t have anticipated their collision. This is especially true of rear-end accidents, which often come as a complete surprise to cars sitting idle at stop signs and traffic lights.
If you’ve been in a crash, suffered damages, and do not believe you were completely at fault, there is recourse. Contact West Palm Beach Auto Accident Lawyer right away.
Determining Liability for a Rear-End Accident
It is important to determine liability in a rear-end accident to identify who needs to pay for damages. The party found to be at fault is liable for the damage that they created through their reckless driving.
The party found liable must aid the party they injured by compensating them for damages not covered by their insurance. This can include lost wages, medical bills, and vehicle repairs.
However, the rear driver isn’t always at fault for these accidents. This leads to many court cases with West Palm Beach rear-end accident lawyers arguing fault or fighting insurance companies to get their clients fair compensation.
Our trial-tested lawyers have experience handling complicated rear-end accident cases to get our clients the compensation they deserve. Book a no-obligation consultation with us to see how we can assist you today. We don’t get paid until you’ve won your case.
Is fault automatic in a rear-end auto accident case?
Florida is a “no-fault” state; however, that doesn’t mean that fault can’t be determined in rear-end accident cases.
“No-fault” status means that individuals must use their own insurance to pay for personal injuries after an accident. This does not raise their premiums or impact their insurance ratings.
However, injuries can quickly exceed personal injury liability insurance, resulting in victims suing for damages. If you were injured in a car accident, call one of our West Palm Beach rear-end accident lawyers for a free consultation to determine who was at fault in your accident.
In court cases, the person who rear-ended the other individual is often found to be at fault. In Florida, it is illegal to drive too close behind another car. It is believed that this rule was recklessly broken in rear-end accidents, leading to negligent driving that resulted in an accident.
There are exceptions to this rule. For example, if the front car was driving recklessly, had no brake lights, or was engaging in road rage behaviors like “brake checks” of the car behind, they could be found to be negligent.
Typically, these cases are handled with comparative negligence, where the fault is split between the two parties. In this case, fault is determined in court by a judge or jury. The investigators rely on the physical damage to the car, eyewitness testimonies, and the claims of the drivers involved to determine who is at fault in rear-end accidents.
There is no automatic determination of fault in rear-end accidents in Florida.
Comparative Negligence vs. Contributory Negligence
Contributory negligence is a harsh form of determining fault that was previously used in Florida. Before 1973, anyone involved in a rear-end auto accident could only get damages if they proved the offender was 100% at fault. This meant that defendants and their legal teams looked for the tiniest bit of evidence that the victim played a role in the accident, such as a faulty brake light. If they could prove even 1% fault on the victim’s part, the defendant wouldn’t have to pay.
Unfortunately, this victim-blaming worked, often leading to defendants avoiding paying for any damages. This left victims to pay for medical bills, damage to their car, and legal fees when they hadn’t done anything wrong.
Floridians criticized this practice, leading to our current system of comparative negligence.
With comparative negligence, a victim can get compensation for damages even if they are found to be partially at fault for the accident. The victim’s damages are reduced by their percentage of fault.
For example, if the person who rear-ended you was speeding, but you had a broken brake light, the fault may be split 80% them and 20% you. In this case, you could recover 80% of the damages for the accident from the other driver.
All of the staff were professional, knowledgeable and resourceful. They provided the best service.
I was involved in a rear end collision in which I sustained injuries to my neck and lower back. The initial attorney dropped the ball in filing timely which voided the case. Thanks to this firm, the case was reinstated and I received the compensation due.
Obtaining Compensation After a Rear-End Auto Accident
It is difficult to obtain compensation for losses after a rear-end auto accident. With the help of the best West Palm Beach rear-end accident lawyers at West Palm Beach Auto Accident Lawyer, you can expect the maximum compensation for your suffering.
In Florida, there is an assumption that the rear driver is at fault until proven otherwise. This is often brought to court to prove the partial or complete fault of the front driver to lower the damages that the rear driver would need to pay.
Additionally, insurance companies work to shift blame or downplay injuries in an attempt to lower their payouts. They have teams of adjusters, lawyers, and doctors to assist them in paying as little as possible.
Facing the full force of the insurance company and the claims of fault from the rear driver is daunting. It makes it feel impossible to get fair compensation for the damages you suffered.
Working with an experienced lawyer who knows their tricks and will support your rights increases your chances of obtaining the maximum compensation.
Some of the losses we can help you obtain compensation for are:
- Lost Wages
- Medical Expenses
- Loss of Quality of Life
- Emotional Pain and Suffering
- Physical Disability
- Personal Property Damage
- Fees for Rentals
Common Types of Injuries
In a mild accident, you may have no injuries. Mild rear-end accidents typically occur in slow traffic where the rear vehicle isn’t driving at a high speed.
As speed increases, the severity of the injuries from rear-end collisions does, too. If your car is rear-ended at a high speed, you may suffer life-long injuries, both physical and emotional. These injuries can impact your ability to work or maintain your quality of life.
The high rates of injury from rear-end car accidents are why you should consult a medical professional immediately after an auto accident. Many injuries take hours to appear, but can permanently affect your life.
Common injuries resulting from rear-end accidents are:
- Spinal and Neck Injuries
- Nerve Damage
- Herniated Discs
- Concussion or Other Traumatic Brain Injuries
- Emotional Anguish
- Chronic Pain
If you are experiencing any of these common injuries as the result of a rear-end collision, contact us now to speak with a West Palm Beach rear-end accident lawyer to learn about your options to get compensation.
Get in touch
Call us or fill out one of our web forms to speak with a West Palm Beach auto accident lawyer to get help filing your claim to get the money you’re owed.
515 N Flagler Dr, Suite 1150
West Palm Beach
Florida, FL 33401