The most common cause of vehicle crashes (such as rear-end collisions) is driver error, according to the National Highway Traffic Safety Administration (NHTSA). Driver error accounts for about 94 percent of all traffic accidents.
If you were hurt in a rear-end collision, fault depends on who acted negligently. For instance, if you were rear-ended by someone who was tailgating, they could be at fault. However, if you rear-end someone because they braked suddenly, you could pursue them for compensation.
What Constitutes Driver Error in a Rear-End Accident?
Per the NHTSA, inattentive driving is a top contributor to rear-end collisions, accounting for 41 percent of all accidents caused by driver error.
Other forms of negligent or inattentive driving that may have led to your rear-end accident include:
- Drowsy driving
- Poor judgment
- Improper turns
- Disobeying traffic signals
In addition to human error, poor weather conditions, inadequately maintained roadways, and vehicular malfunction can contribute to collisions.
Find a Personal Injury Lawyer,
Near Me (855) 529-0269
What Happens After a Rear-End Collision in Florida?
The aftermath of an accident can get confusing because of Florida’s no-fault laws. For instance:
- Florida is a no-fault state, per Florida Statutes 627.7407. You would first file a claim with your own insurance provider. Then, you would turn to the other driver’s liability policy.
- Florida also operates on a pure comparative negligence system, as explained by Florida Statutes 768.81. You are not barred from seeking damages even if you partially caused the crash. However, your role in the accident will affect the amount of money you can seek.
Even with these laws in place, you could experience trouble recovering damages. The insurer might deny your claim. Your losses might exceed your policy limits. In these cases, a Florida rear-end collisions lawyer can manage your case.
How do We Prove Fault in Rear-End Accidents?
Everyone assumes that the rear driver is always responsible for rear-end collisions. This is not always the case. To evaluate the cause of your accident:
We Can Review the Police Report
This document may include:
- Whether the other driver was arrested
- Whether anyone was injured or passed away
- The points of impact on each vehicle
- The names of the parties involved
- The necessary contact and insurance information
The officer might also include information regarding who caused the accident. This firsthand account will provide us with invaluable details about your rear-end collision’s cause.
Traffic Camera Footage
You might not be able to access traffic camera footage without a lawyer’s help. These recordings can give indisputable details about the nature and cause of your accident.
Your Car’s Black Box Data
Many modern cars are outfitted with “black boxes,” which record impacts, speed, and other details. We can use this information to answer some questions about your case.
Click to contact Chalik & Chalik's personal injury lawyers today
Who Can Be at Fault in a Rear-End Collision?
According to the NHTSA’s findings, another motorist is likely responsible for your accident. However, at-fault parties can also include:
If someone’s brakes failed because of a faulty vehicular component, you could file a product liability claim against this entity.
If a mechanic performed shoddy work on your vehicle, causing you to hit someone or be hit, you could file a claim either against them or their employer.
A Government Entity
Florida’s roadways are overseen by government agencies. If poor roadway design or maintenance caused your accident, you could hold them accountable.
If your damages exceed your personal injury protection (PIP) coverage, we can look to the other party’s insurer for compensation. If they do not have adequate coverage, we may be able to file your case in Florida civil court.
For a free legal consultation call (855) 529-0269
How Long do You Have to Sue Following a Rear-End Collision?
You generally have four years to file an injury lawsuit against a negligent party, per Florida Statutes § 95.11(3)(a). However, if you are suing a government agency, you could be given less time to act.
You want to consider your actions promptly after suffering losses in a rear-end collision. The courts will not hear your case if you file it outside of the appropriate time frame. This could prevent you from holding another party accountable for your expenses.
Are There Any Exceptions to Florida’s Filing Deadline?
- The other driver concealed their true identity.
- The other driver left the state.
- Other situations
These exceptions may or may not apply to you, depending on your case’s circumstances.
Call Chalik & Chalik Injury Lawyers
Interested in learning more about the most common causes of rear-end accidents? We can help you understand your legal options. Our team will build a compelling case to seek damages.
Connect with Chalik & Chalik Injury Lawyers at (855) 529-0269. The case review is free and there is no obligation.
Call or text Chalik & Chalik (855) 529-0269