There is a presumption in Florida that in a rear end collision that the car in the back is at fault. The normal fact patter is that a car is stopped at a light or at a stop sign and the car in back is not paying attention and accidentally hits the car in front. In this scenario, the fault is generally on the car in back. However, the legal presumption is rebuttable and thus while there is a legal presumption on fault, there can still be evidence that the car in front is at fault. For example, if the car in front comes to a “sudden stop” then a jury may consider that as evidence to apportion fault against the car in front. Clearly, if the car in front would back the car into the car in the back, then arguable all the fault would be against the car in front, despite the legal presumption if those were the facts found by the fact finder. In other situation, like where someone’s brake lights are not working, then perhaps that could be considered as part of the fault in an accident depending on how the jury heard the evidence of the case. In sum, generally the car in the back is at fault in a rear end collision but there can be evidence to establish some or possibly even full liability against the car in front.
If you have been in a car accident where you believe the other car was at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
