Rear End Collision Collision Fault Determination
Rear-end accidents are among the most common car accidents on Tampa and other Florida highways. Driver distractions – such as cell phones, GPS controls, and texts – are likely to cause the number of rear-end car accidents to escalate. If you have been injured in a rear-end car accident, it is important to understand your legal rights under Florida law.
Prior to 2012, Florida courts applied a presumption that the second driver was negligent in rear end accidents. However, in the 2012 case of Cevallos v. Rideout, et al., 107 So. 3d 348 (2012), the Florida Supreme Court reversed the Fourth District Court of Appeal and presented an opportunity for the second driver to rebut the presumption of negligence. The Cevallos case involved a three car crash in which the middle driver was purportedly talking on her cell phone and as a result, came to a sudden halt prior to crashing into the car in front of her. Because of the middle driver’s negligence, the third driver argued he was unable to stop and became part of the collision.
The Florida Supreme Court noted that in similar circumstances, a driver may rebut the presumption of negligence if the driver can present “evidence from which a jury could find negligence on the part of the front driver that contributed to bring about the injury producing collision.”
Common Injuries Resulting from Rear End Accidents
- Unlike some head-on collisions, injuries resulting from rear-end accidents at times will manifest themselves a few days after the collision occurs. A few of the most comment injuries from rear end accidents are: Cervical spinal injuries: In the United States, the majority of all neck injuries treated by medical professionals are as a result of rear-end car accidents. Often these injuries are due to damage to the ligaments in your neck, which are relatively weak and susceptible to injury.
- Injuries caused by airbags: Although airbags can avoid more serious injuries, they often still cause bruising, broken noses or ribs, and damage to your vision.
- Hip fractures:You may notice that at times, when you pull your seatbelt too fast, it locks into place. This is the same thing that happens when you are jolted forward in a rear end accident. As a result of the seatbelt locking into place around your waist, you may suffer from hip fractures.
- Whiplash: A unique aspect of rear end accidents is that often the victim will not have any opportunity to anticipate or react to the impending injury since it is occurring behind them. As a result, their head stays in place while the rest of their body is thrust forward due to the impact of the accident.
- Death: Unfortunately, in some circumstances, drivers in a rear end accident may die.
Tampa, FL Rear End Collision Attorneys
If you or a family member of yours has been in a rear end car accident in Tampa or anywhere in Florida that was caused by another driver’s negligence or recklessness, the car crash law group of Fowkes & Hasanbasic, Accident and Insurance Lawyers may be able to help you. You could be eligible to obtain compensation to pay your medical bills, property damage costs and lost wages, as well as for your emotional distress, pain and suffering, and other losses.
Our main office is located in Trinity, FL (Pasco County), but we handle cases throughout the Tampa Bay area and all of Florida.