recovering from rear end accidents

In a lot of cases, drivers don’t even see rear-end accidents coming until it is already too late. Consequently, these kinds of collisions can be even more devastating and leave drivers stunned and vulnerable. That is why having the right kind of legal guidance and support can be so important. Recovery from this kind of collision can be a process, but a lowercase personal injury lawyer can make that process far easier on you and your family.  

According to the Insurance Information Institute,  out of nearly 4.2 million car accidents involving at least two vehicles, over 2 million were rear-end accidents. Sadly, most of these accidents are preventable.

It is safe to say that distracted driving is behind many of these crashes. The rise in distracted driving due to the use of smartphones, GPS units, and other devices has only made this issue even more prevalent. Meanwhile, injury from rear-end accidents is fairly common. So how should the victims of these crashes seek compensation for damages?

liability and no-fault insurance law in florida

In the majority of rear end accidents, the driver who hits another vehicle from the rear is almost always going to be found at fault for the car accident. However, Florida is a no-fault car accident state. This means that rather than pursuing compensation from the insurance company of an at-fault motorist, Florida drivers must often seek compensation through their own insurance carrier.

That is one reason why Florida requires drivers to carry a $10,000 PIP (personal injury protection) policy.

However, this is not your only option, depending on the seriousness of your injuries. In more severe rear-end accidents, injuries lead to:

  • Long-term medical care
  • Permanent disability
  • Inability to return to work

In such instances, a lawsuit against the negligent driver may be necessary. When personal insurance does not cover the cost of damages, a plaintiff in a rear-end accident may have the chance to pursue damages.

Remember, in most rear-end collisions, the rear driver is usually at fault. But, there are exceptions to this rule.

back driver is not always liable

Most people just assume that the driver in the back is always going to be responsible in rear-end accidents. On the contrary, there are plenty of cases where the rear driver is not responsible.

Examples of cases when the rear driver may not liable, or may only be partially to blame for an accident include:

  • When there are multiple vehicles in a crash and another car pushes the rear vehicle into another vehicle
  • The driver in front accelerated in reverse
  • One or both tail lights on the front vehicle are not working
  • A vehicle is stopped in the road
  • The front vehicle has a flat tire or other malfunction, but the driver doesn’t turn on hazard lights
  • A defective vehicle design or manufacturing problem suddenly prevents the driver from stopping.

The different circumstances of rear-end accidents can drastically alter how the lawsuit should be handled. For instance, in cases of a defective design or malfunction in the vehicle, the vehicle manufacturer might be liable for damages.

Another example is when the front motorist contributes to their own damages. Starting recently in 2012, Florida law allows motorists to introduce evidence that a front driver’s own negligence contributed to their injuries in a rear-end collision. So if the front driver suddenly stops their vehicle in the middle of fast-moving highway traffic, and is struck in the rear, the front driver may be partially responsible for his or her injuries. In such cases, compensation can be reduced based on how much the front driver’s negligence is believed to have contributed to his or her injuries.

NEXT steps following a rear end collision

lowercase law: NEXT steps graphic

obtaining compensation

In some cases, getting compensation for vehicle damage after a rear-end car accident is pretty straight forward. It is not always difficult to agree on liability. Likewise, a damage assessment to the vehicle is a fairly easy to assess. Most insurance companies will quickly pay vehicle damage claims to victims of rear-end accidents without putting up much of a fight. However, this is not always the case. Remember, insurance companies will do everything they can to keep from spending their money.

Moreover, recovering compensation for your injuries can be more of a challenge. One of the most common injuries from a rear-end crash is whiplash, which some may find difficult to prove without an in depth understanding of the litigation process.

why you want a lowercase lawyer

No one who is the victim of a rear-end collision typically considers themself lucky. However, you may have a little luck with the insurance companies paying out vehicle damages. Conversely, when you are dealing with the pain and hardship of a serious injury while being hit with a surplus of medical bills, the last thing you might feel is lucky.

That is why having a personal injury attorney with the right experience and knowledge of filing this kind of claim can be instrumental in getting proper compensation. For one thing, a lowercase lawyer knows how to collect and present evidence that will illustrate the impact of your injuries.

Furthermore, plaintiffs with professional representation often receive better settlements. Let us go to work to protect your rights, so that you can focus on recovering from your injuries.

call us today

Let a lowercase car accident attorney provide you with legal guidance and compassionate support so that you can receive the compensation you are entitled to. Call us today at 833-LOW-FEE5 (833-569-3335).


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