At the law offices, there are so many questions about rear end collisions. Who is at fault? Is the Car from behind always at fault? Can the fault be divided between the cars?
First, it is important to understand that every case is different and that ultimately, if the parties cannot agree as to fault, a judge or jury would have to decide, after listening to the facts from all the interested parties and the witnesses.
In Florida, there is a presumption in the law that the car from behind is at fault. This presumption is rebuttable. I will go over some common examples.
A car driven by Mary is stopped at a red light waiting for it to turn green. Scott, driving a car, is not paying attention and accidentally slams into the rear of Mary’s car. This case would likely present the scenario where Scott would agree that he was at fault. Fault likely would be determined at 100 percent against Scott. Again, every case is different.
Let’s try another scenario. Mary is stopped at a light. The light turns green but Mary is texting on her phone and is not paying attention. She is sitting there for more than 30 second. Scott is coming behind her and sees the light has turned green and assumes that Mary has started to drive forwawrd. Unfortunately, before he realizes that she is stoped, he slams into the rear of Mary’s car. Here Scott very well may argue that Mary was negligent for being stopped at a green light. Mary of course will argue that Scott should have payed closer attention and the accident could have been prevented. It is possible that the parties here, or their insurance companies, will not be able to agree on the fault issues. It is possible that a judge or jury finds Scott fully or significantly at fault but it is also possible that a judge or jury find Mary significantly or partly at fault.
While the presumption suggests fault from the car in the back, there are some scenarios where the car in front may be party or fully at fault. In the next blog entries, I will discuss more scenarios where fault is not quite so clear.
Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case if this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.
If you have any questions regarding a case. please call Drucker Law Offices at (561)-483-9199.
