One of the most common types of two-car, car accidents is the rear end collisions accident. A common question the injury lawyer in Boca Raton (also accident attorney in Delray Beach, injury attorney in Boynton Beach, accident attorney West Palm Beach, personal injury lawyer Deerfield Beach, accident lawyer Coral Springs, injury attorney Fort Lauderdale) gets in car accidents cases is whether the car from behind is automatically at fault.
In Florida, there is a presumption that in a two car rear end collision, the car from behind is at fault. This means that the jury should presume the car from behind is at fault unless there is other evidence that rebuts the presumption. There are several ways to rebut the presumption; for example, if the car in front comes to an abrupt and sudden stop, without purpose, this could rebut the presumption. Another obvious presumption would be that if there was some evidence that the car in front put the car in reverse and in fact struck the car in back, then that would arguably rebut the presumption. Often, in these cases, there is a difference in the testimony from the two parties. The car in front says they came to a normal stop and the car from behind says the car in front came to a sudden and abrupt stop and thus the jury has to decide who is at fault.
In most rear end collisions, one car is stopped at a light or at a stop sign or in traffic and the car from behind is not paying attention and strikes the car from behind. In these scenarios, which is likely the majority of these cases, there is agreement as to who is at fault and the presumption holds that the car from behind is at fault.
To sum up, in most cases the car from behind is at fault in a rear end collision case. There usually is agreement between the parties about who is at fault. There is a presumption under Florida law that the car from behind is at fault but this presumption is rebuttable. Thus, fault is not automatic but instead is presumed but the presumption can be rebutted by evidence like the car in front abruptly stopped without purpose or that the car in front backed into the car from behind.
If you have been in an accident and would like advice regarding your rear end collision car wreck or another type of accident, please feel free to call Drucker Law Offices at 561-483-9199. The injury attorney in Boca Raton (also injury lawyer in Deerfield beach, accident attorney in Pompano, injury lawyer in Boynton Beach, accident attorney in Kendall, Florida) will be glad to answer any questions that you may have regarding your automobile accident case or other injury case.
