Who Is Responsible For My Rear-And Accident?
Rear-end accidents are quite common in the United States of America. According to the NHTSA, rear-end accidents account for almost 30% of all traffic accidents in the United States of America and result in a large number of injuries and death every year. A rear-end accident occurs when the vehicle behind crashes into the one in front. It might seem straightforward who is to blame in a rear-end accident, but the truth is that determining liability after a rear-end accident isn’t always easy. Many people automatically assume that the driver in the rear vehicle is to blame. While there is a presumption that the rear driver is liable for causing a rear-end accident, the rear driver is not always to blame.
If you were in a rear-end collision and are wondering who is to blame for your accident, you should retain a skilled car accident attorney. An experienced attorney can help you determine liability and if you can file a compensation claim against the other driver.
The Rear Driver Is Likely Responsible for Your Accident, but This Is Not a Guarantee
If you were in a rear-end collision as the front driver, it is likely that the rear driver is to blame for your accident and injuries. Some of the main reasons why rear drivers are often responsible for rear-end accidents include;
- Driving too fast on roads in bad conditions
- Driving faster than posted speed limits
- Following too closely (tailgating)
- Driving under the influence
- Distracted driving
In Florida, there is even a presumption of fault in rear-end collisions. This means that the driver who rear-ended you is presumed to have been negligent unless they can provide evidence that proves otherwise. For example, the rear driver can overcome the presumption of guilt by showing that you, the front driver, stopped unexpectedly in front of them or suddenly made an unsafe lane change.
If you suddenly stopped or made an unsafe lane change before your accident happened, you could be held responsible for the accident, at least partially. Some of the other reasons why you may be held responsible for your rear-end accident include the following;
- Distracted driving
- Drunk driving
- Reckless driving
- Broken tail light or non-functional tail light
- Reversing into the rear car
- Brake-checking
Brake checking is when you intentionally slam on your brakes to startle, intimidate, or irritate the driver behind you. When you do this, the rear motorist is forced to brake suddenly or swerve into a different lane to avoid an accident.
A third party could also be to blame for your accident. Some third parties who can be held liable in a rear-end accident include pedestrians, government agencies, and other drivers who engage in negligent behaviors.
Can I Recover Compensation if I Am Partly To Blame for My Rear-end Accident?
Under Florida’s comparative negligence rule, you can still recover compensation from another negligent party even if you are partly to blame for a car accident. However, the compensation you recover in such a case will be reduced in proportion to your percentage of fault.
Contact Us for Legal Help
Contact our Orlando personal injury attorneys at The Pendas Law Firm if you were in a Florida rear-end collision. We can help you determine who is responsible for your accident while you focus on healing. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Lauderdale, Fort Myers, Ocala, Orlando, Bradenton, Daytona Beach, Jacksonville, and Tampa areas.
Source:
nhtsa.gov/sites/nhtsa.gov/files/analyses20of20rear-end20crashes20and20near-crashes20dot20hs2081020846.pdf
