Who’s At Fault In Rear End Collision?
Traffic collisions involving rear-end accidents are common on Florida’s roads and highways, as well as across the country. The National Highway Traffic Safety Administration studies indicate that each year, 1.7 million rear-end crashes occur, often injuring those involved, causing property damage, and sometimes even causing death.
When two cars collide in a rear-end collision, it can be difficult to determine who is at fault. Insurers can be especially difficult to work with when victims are unsure how to obtain compensation for their property damage or injuries. In most cases, suing the at-fault driver for any injuries or property damage is the only way for the victim to obtain the compensation they deserve.
It is recommended that victims of rear-end collisions speak with an experienced Florida car accident attorney sooner rather than later. A diligent car accident lawyer will be dedicated to helping their clients obtain compensation for any injuries or property damage sustained in a rear-end car collision. They will also advise a rear-end collision victim of their options and prove that the other driver was negligent.
What Is Considered A Rear-End Collision?
An accident that results in a rear-end collision occurs when the front of one vehicle strikes the rear of another. In many cases, the driver that rear-ends the vehicle in front of them is at fault for the accident either due to them driving distracted, speeding, or not paying attention to the roadway. There is, however, the possibility that the lead driver may be at fault if they make a sudden stop on the road or if their brake lights are malfunctioning. The weather or road conditions, such as fog and ice, may also contribute to these types of accidents.
Rear-end collisions are not just limited to cars, but also motorcycles, trucks, vans, and large commercial vehicles. Most commonly, rear-end collisions occur at traffic signals, traffic lights, or on roadways, but it is also possible for these kinds of accidents to happen anywhere two vehicles are present.
How Is Liability Determined After A Rear-End Collision?
An accident involving a rear-end collision is determined by negligence laws, just like any other car accident. Florida drivers are responsible for obeying all traffic laws and regulations, as well as practicing duty of care such as obeying all traffic signals and making sure their actions behind the wheel do not endanger the lives of other motorists around them.
Failure to fulfill one’s duty of care can lead to a driver being found liable for the accident. Examples of this include, but are not limited to:
Victims may be able to recover damages for their injuries if evidence proves that the driver was negligent and breached their duty of care to the victim when they rear-ended them or caused the victim to rear-end them. The best way to prove the driver was negligent is by hiring an experienced Florida car accident lawyer to help gather evidence and ensure the negligent party is held liable.
Steps To Follow After Being Involved In A Read-End Collision
When an individual is struck from behind in a rear-end collision, it can be jostling and confusing. Many individuals do not know the proper steps to follow after being involved in a rear-end collision, and that lack of knowledge can certainly cause a claim to be undervalued by insurance companies.
The best way to prove rear-end collision fault, and to ensure the victim's safety, is to follow the following steps.
Do Not Leave The Scene - Staying at the scene of any car accident in Florida is the most important thing a victim can do. In the event that a victim does not comply with this requirement, they may be subject to criminal charges for hit and run.
Seek Medical Treatment - It is recommended that the victim calls an ambulance following a rear-end collision. This will prove that injuries were in fact sustained in the accident, as well as diagnose any internal injuries that may not have presented themselves yet. In any event, it is vital that the victim receives medical attention if they have been injured, regardless of the severity of the injury.
Notify The Police - Following an accident in Florida, it is required that law enforcement be contacted immediately. The police will file a police report that contains all of the evidence at the scene, as well as witness and driver statements.
Collect Evidence - Whenever possible, victims should gather as much evidence as possible, including photographs of the vehicles, injuries, traffic signals, and skid marks. Be sure to take the contact information of witnesses and other drivers involved, including their full names, phone numbers, and vehicle registration information.
Contact A Car Accident Attorney - Any person who has been rear-ended or whose car rear-ends another vehicle should speak with a car accident attorney as soon as possible. It is important to seek the legal assistance of an attorney in order to ensure that they receive the compensation they are entitled to.
Contact A Car Accident Attorney Near You
There can be a great deal of stress associated with a crash in Florida, and trying to establish liability can be very challenging. In rear-end collisions, victims often aren’t sure who is at fault and are therefore reluctant to file a lawsuit. These cases cannot be attributed to one specific party, as both the driver of the car in front of the victim and the driver of the car behind the victim can be liable for any negligence. Furthermore, it can take months for a victim to receive compensation for the harm they have suffered, which then results in the insurance companies or the at-fault party’s legal team attempting to devalue the full worth of the claim.
