Recovering Damages in a Florida Rear-End Accident
Often, insurance companies will try to downplay the seriousness of a rear-end accident and refer to severe injuries as mild soreness and shock in an attempt to convince those involved to agree to a settlement before they have the chance to explore the consequences of their injuries fully.
Once an accident attorney helps determine who is at fault for a rear-end accident, they will then try to determine the worth of the case. This is done by figuring out the damages, or compensation, the driver who was not at fault is entitled to. Among other things, these can include:
- Medical bills
- Lost wages
- Compensation for pain and suffering
A rear-end collision can lead to important medical expenses. For an injury such as whiplash, for example, symptoms might not show up for a few days. Medical bills may include:
- Ambulance rides
- Hospital stays
- Visits to the doctor’s office
Lost wages can result due to time missed from work because of an injury. You can also lose pay when you can’t get to work for a few days because your car is damaged. When you provide your lawyer with pay stubs, they will be able to determine how much money you’ve lost due to time from work you’ve missed.
Most Common Injuries Caused by Rear-End Collisions
A typical medical consequence of rear-end collisions is the whiplash. In more severe cases permanent injuries may occur. The rearmost passengers, especially in minivans, are more likely to be injured or killed in a rear-end collision because they benefit little from the short rear crumple zone. Other types of injuries that can occur are:
If your rear-end injury was due to the carelessness of another driver, our Miami-based and experienced personal injury attorney can help you file a claim and handle the insurance company.
Who Is Responsible for a Rear-End Accident in Florida?
In most instances, the driver who is at fault after a rear-end accident is the one who hit the car ahead of him or her. However, that’s not always the case. For example, in a collision involving more than two vehicles, the first one hits the rear of the second one, which then hits the rear of the third one. The driver of the second car did collide with the third vehicle, but that driver was merely caught in a chain reaction.
There are other exceptions to the general rule as well. The car that was rear-ended might have had broken or malfunctioning brake lights, or may have pulled out of a parking lot or driveway recklessly.
The front car driver might be assigned blame if it could be proved that he or she engaged in one or more of the following conducts:
- Cutting in too close to the vehicle behind
- Defective brake lights and taillights
- Improper braking
- Misjudgment when changing lanes
Florida operates under a comparative negligence system, meaning the overall damages you may recover will be decreased by your percentage of fault in the incident.
Rear-end collisions are easier to dissect than other types of car accidents. In a rear-end collision, the vehicle damage alone is usually enough to determine how the accident happened. If one vehicle’s back end is damaged and the other vehicle’s front end is damaged, it's clear who hit whom and who is at fault.
