Fort Lauderdale Rear End Accident Lawyer
Rear-end collisions rank among the most frequent types of motor vehicle accidents. Research from the National Transportation Safety Board shows that 1.7 million of all vehicle collisions are rear-end crashes that result in nearly 500,000 injuries and 17,000 fatalities each year.
If you or someone you love was injured due to another driver’s negligence, you should not be the one paying the price. Our attorneys at Englander Peebles have decades of collective experience in helping those injured in rear-end collisions in South Florida recover maximum compensation. For a free case assessment, give our Fort Lauderdale rear-end accident lawyer a call at 954-500-4878 or fill out this form.
What Constitutes a Rear-End Collision in Fort Lauderdale?
When the front part of one vehicle strikes the rear part of another vehicle, regardless of how slow or fast the vehicles are moving, it is considered a rear-end crash. A collision counts even if it is just a minor bump to the back of a car that is stopped at a traffic light. These can be particularly destructive at high speeds.
This is something we see on the I-95 or AIA Scenic Highway, during times of poor visibility, or when cars are stopped on busy roads. The impact can cause devastating injuries that the victims may never fully recover from.
Reasons why negligent a motorist may crash into another vehicle’s rear-end include:
- Distracted driving (texting, adjusting the radio, etc)
- Tailgating or not leaving enough space between vehicles
- Speeding
- Driver fatigue or drowsiness
- Driving under the influence of alcohol, drugs, or medication
- Sudden stops by the vehicle in front
- Faulty brakes
- Poor road conditions (potholes or uneven surfaces)
- Low visibility on the road
Establishing Liability for a Rear-End Collision in Fort Lauderdale
Everyone on the road has a duty to follow the traffic rules and drive safely. This means obeying traffic laws, avoiding dangerous driving, and keeping watch.
The Doctrine of Negligence
If a driver fails to do this and causes an accident, this failure is known as negligence. When someone is injured because of this negligence, the responsible driver (along with their insurance or, in some situations, their employer) must compensate for the injuries and damages.
If you are injured in a Fort Lauderdale accident, in order to claim damages, your car accident lawyer must prove the other driver was negligent and that this led directly to your accident and injuries.
No-Fault System
Florida operates under a “no-fault system” for motor vehicle accidents, which means all drivers must carry their own insurance to cover damages and injuries, no matter who is at fault. But if the damages exceed the insurance coverage, the injured party can seek additional compensation from the at-fault driver with the help of a rear-end collision lawyer in Fort Lauderdale.
No Presumption of Liability
In the past, Florida courts would typically place liability on the driver who was behind in a rear-end collision. The reasoning was that the trailing vehicle is supposed to keep a safe distance to stop without causing a collision, even if the leading vehicle stops abruptly.
However, the courts now have stated that the rear driver can challenge this assumption of fault. They need to present evidence – within two years of the accident – that the leading driver’s actions contributed to the accident and the resulting injuries.
Modified Comparative Negligence
Proving the front driver’s negligence, however, does not completely remove the rear driver’s responsibility. They are still expected to maintain a safe following distance. If both drivers are found to be negligent, the concept of modified comparative negligence comes into play. It dictates that if the front driver is partly at fault, any compensation they receive may be reduced by their share of fault – as long as their responsibility or part of the blame is less than 50%.
Get an Experienced Fort Lauderdale Rear-End Accident Lawyer on Your Side
Under Florida law, you have the right to be compensated for any economic and non-economic damages you have incurred in a crash. Our Fort Lauderdale rear-end crash attorney at Englander Peebles can help you recover maximum financial compensation by proving liability of the at-fault driver.
Here is what we can claim compensation for:
- All your medical expenses (doctor visits, hospital stays, diagnostics, prescriptions)
- Therapy (physical, rehabilitation, occupational)
- Lost wages
- Pain and suffering
- Emotional distress
- Any lasting scars or disfigurement
- Loss of enjoyment in life
- Loss of companionship
To schedule a free consultation with our rear impact accident lawyer in Fort Lauderdale, call us at 954-500-4878 or contact us online.