Rear-End Crash, Now What?

When it comes to car crashes, rear-end collisions are especially disorienting and jarring to experience. Whether you’re the victim of a rear-end collision or the person who rear-ended somebody else – or perhaps was involved in a pile-up – you’re probably feeling lost and confused. What do I do now? Who is at fault? What are the next steps to take? As an experienced auto accident law firm, Your Damage Lawyer is here to guide you. Our team will explain your legal rights, guide you through the process, and help you come up with the best strategy for seeking the financial compensation you deserve.

Who Is Liable in Rear-End Collisions?

The state of Florida has a specific way of dealing with rear-end collisions known as a “rebuttable presumption of negligence.” This means that whoever is driving the car that rear-ends another vehicle is generally presumed to be a fault. Drivers are required to maintain a safe and reasonable following distance so that they are prepared to stop in time. However, there are certain circumstances in which this presumption may be argued against. If the driver can provide the following evidence, then this presumption may be overcome:

The lead vehicle changed lanes suddenly
The lead vehicle stopped suddenly and unexpectedly
The accident was due to a mechanical failure in the following vehicle (which could not have been anticipated)
The lead vehicle’s brake lights were inoperable

Even with these potential defenses, it’s important to remember that the rear driver still bears a substantial burden of proof if they want to overcome the presumption of fault.

Common Reasons Rear-End Collisions Happen

Rear-end collisions are extremely common. Some common causes we see every day include:

Tailgating or following at an extremely close proximity
Distracted driving (phone use, talking)
Driver fatigue
Excessive speed
Driving under the influence
Weather conditions that lower visibility or reduce road traction

Seek Immediate Medical Attention

After you’ve been rear-ended, one of the first steps you should take is to get prompt medical attention. Even if you don’t have any obvious injuries or feel somewhat okay, remember that the adrenaline rush after a collision can temporarily mask pain. Some injuries, such as whiplash or those involving soft tissue damage, may not manifest symptoms for hours or even days after you are hit. The longer you wait, the more likely it is that the person or insurance company you are trying to pursue damages against can claim your injuries were incurred after the accident.

Moreover, you only have 14 days to seek initial medical treatment after an accident in order to utilize your Personal Injury Protection (PIP) benefits. If you wait longer than that, you may be denied PIP coverage and end up having to pay thousands of dollars in medical bills out of pocket. When you seek immediate medical attention, you are creating a paper trail linking your injuries to the accident, helping you prove your claim if you pursue a case.

If you or somebody you love was involved in a rear-end collision, you may be entitled to compensation for your injuries, lost wages, and pain and suffering. Call Your Damage Lawyer to consult with a top auto accident lawyer and learn about your legal options today!