Michael Damaso / 03-25-2022 / Car Accident

When Is a Rear Driver Not At-Fault After a Florida Rear-End Car Accident?

Instances where rear driver isn't at-faultRear-end car accidents can be highly frustrating for all involved, especially if the cause of the collision is not clear. One of the first things many people do after one of these accidents is to determine who was at fault. While the rear driver is often faulted in a rear-end collision, there are situations where this is not the case. Wooten, Kimbrough, Damaso & Dennis P.A. specializes in helping individuals who have been rear-ended to deal with the aftermath of a collision, including circumstances where the person who caused the crash is given the green light to evade responsibility.

Part of the reason rear drivers are sometimes not faulted for collisions is due to negligence laws in Florida. Understanding the role these laws play can inform your strategy for pursuing compensation after a crash.

 

Common Causes of Rear-End Accidents

Rear-end car accidents are the most common in the United States. They occur when the front bumper of one vehicle collides with the back bumper of another. Common causes of rear-end collisions include:

  • Speeding
  • Hazardous road conditions
  • Tailgating
  • Distracted driving (texting, talking, sending emails, looking at social media, etc.)
  • Driving under the influence of drugs or alcohol
  • Mechanical failures

Even in the most benign rear-end accidents, you can sustain an injury. This is one of the reasons that so many motorists pursue compensation to help with the ensuing medical bills and other expenses associated with the incident.

 

When Would a Rear Driver Not Be At-Fault in a Rear-End Car Accident in Florida?

Florida is a no-fault car accident state, meaning drivers are responsible for pursuing compensation from their car insurance carriers. However, you can pursue damages against a negligent driver in serious car accidents. Therefore, the only time a rear driver may be not-at-fault for a rear-end car accident is if the driver in front displayed apparent negligence. This is especially pertinent in situations where the injury requires long-term care or permanent disability. While the rear driver is typically at fault in these situations, there are exceptions.

In Florida, this is noted as comparative negligence, a law that has been in place prior to 2012. Comparative negligence occurs when the driver’s negligence is a factor in a rear-end accident. An example of this is if the front driver stops suddenly or drives in reverse with no warning, causing a collision. In these situations, it doesn’t matter the extent to which the rear driver was following road rules, since they likely had no way to avoid the crash. These situations would render the front driver at fault in the collision versus the rear driver.

 

Reach Out to a Florida Car Accident Lawyer to Help With a Rear-End Collision

If you have been involved in a rear-end collision, seek medical attention as needed and then make Wooten, Kimbrough, Damaso & Dennis P.A. your next call. We will walk you through the correct information to provide to your insurance company and the next steps to ensure that you preserve your right to file a claim for the accident. You should not be stuck with the financial responsibility of a rear-end collision that you didn’t cause and could not avoid. We will fight for compensation to help you get back on your feet after such an accident, using our winning strategy that has helped countless clients to do the same.

To learn how we might be able to help you, reach out to the premier Florida car accident lawyers at Wooten, Kimbrough, Damaso & Dennis P.A. Call (407) 843-7060 or contact us online for a free consultation today.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.