When someone is involved in a rear-end accident, you may think of a fender bender—a faint tap to the back bumper, which may leave a dent but rarely causes injuries. However, rear-end accidents do often cause serious injuries and even fatalities.
The National Highway Traffic Safety Administration calculates that about 32.5 percent of all motor vehicle accidents are rear-end crashes, with about seven percent of them resulting in a death. Common injuries in rear-end car accidents in Boca Raton include back trauma and whiplash. If a careless driver hits you from behind, and you suffer injuries, an experienced auto accident attorney from Your Damage Lawyer is ready to advocate for you in insurance negotiations or court.
Generally, a law enforcement officer will ticket drivers who hit you from behind based on prima facie, or at first sight, evidence, which is the initial evidence that supports a claim. The law presumes motorists will retain control of their vehicles, and that includes maintaining a safe distance between the lead car when they are following behind. Keeping a safe distance usually involves leaving one car length between vehicles for every 10 mph the vehicles are traveling, for example, seven car lengths between cars traveling 70 mph on Interstate 95.
This presumption works in an injured driver’s favor. During insurance negotiations or litigation, the defendant must demonstrate that they were not negligent in order to overcome the established presumption that they were at fault. This situation is an example of negligence per se, allowing for the ticket, or law violation, to replace your attorney’s need to prove the at-fault party had a duty to drive safely but did not. However, your attorney must still prove that the defendant’s acts or omissions caused the Boca Raton back-end car crash and the associated injuries. They must show two types of cause: proximate cause and cause-in-fact.
Your lawyer must prove the defendant’s acts are both the proximate cause and the cause-in-fact of the accident and your injuries. Proximate cause is what any reasonable person would foresee as the result of the defendant’s actions. Cause-in-fact is the actual cause. You can use the “but-for test” to determine cause-in-fact. For instance, but for the defendant’s negligent actions on the roadway, the crash and your injury would not have occurred.
Your Damage Lawyer is a tireless champion of individuals who have suffered injuries and is no match for savvy corporate insurance companies. We don’t give up until you get the compensation you deserve for your physical, financial, and emotional injuries. Call our Boca Raton office now to schedule a complimentary evaluation of your rear-end auto accident case. If we don’t win, you don’t pay us.
Florida motorists are subject to no-fault insurance requirements, which means you must carry a minimum amount of insurance, and your insurance company will pay a portion of your expenses when you are in an accident–regardless of whose fault the accident is.
According to the Florida Motor Vehicle No-Fault Law, all motorists must acquire a personal injury protection policy (PIP) or risk losing their driver’s license if stopped by law enforcement. The minimum coverage is $10,000, which pays 80 percent of your medical care and 60 percent of your lost wages.
If your injuries and losses surpass the PIP threshold after another driver causes a back-end vehicle collision, talk to a Boca Raton attorney at Your Damage Lawyer. We can file a lawsuit to recover the compensation you deserve.
Florida’s no-fault insurance system complicates car accidents. If you suffer injuries in a car crash, your own insurance company will pay for a portion of your medical expenses and lost wages.
Your Damage Lawyer is a highly competent and caring representative for people who have suffered from rear-end car accidents in Boca Raton. We will tirelessly pursue the best outcome for your case, and if we don’t win, you owe us nothing. Call now to learn how we can help you.
