The most common type of accident that is seen at Drucker Law Offices is a rear end collision. This is where one car hits another car from behind. In its most simple form, one car is stopped at a traffic light. The second car is not paying attention and crashes it from behind. This is pretty straightforward and in this example, the car from behind is at fault.
Indeed, in the law, there is a presumption that the car from behind is at fault, although this presumption is rebuttable. If the car in front “suddenly stops” for example, then the car in front could be at fault.
It is also important to bear in mind that Florida is a comparative fault state. Thus, while one car may seem to be mostly at fault a jury can find one or more cars at fault and apportion the fault amongst both or all the cars.
Below are the statutes dealing with following too closely. Following too closely is usually the ticket that one car gets in a rear end collision.
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.
If you have been in an accident, please call Drucker Law offices at 561-483-9199, 954-755-2120 or 305-981-1561 for a free consultation. The lawyer can meet with you in the offices in Palm Beach, Broward or Miami-Dade County and fees are only charged if money is recovered for you.
316.0895 Following too closely.—(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
(2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks or other slow-moving vehicles.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 114, ch. 99-248.
Note.—Former s. 316.092.
