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Rear-end collisions are one of the most common types of auto accidents that occur in Florida. This blog article has important information from Fort Myers rear-end car accident Attorney Randall L. Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.. While most rear-end (or “tailgating”) accidents are not fatal, they can still cause significant injuries to the driver or passengers in the forward vehicle.  

The Rear Driver is Presumed at Fault

Rear-end accidents are almost always the fault of the vehicle that strikes the rear of another. As such, Florida courts have long recognized a “presumption of negligence” in rear-end accident cases. This means that Florida has a presumption that creates an exception to the general rule in civil lawsuits that the plaintiff has the burden to prove every element of their case. Under the presumption, the court assumes the rear driver caused the accident. This is because the law requires every driver to maintain a safe following distance from the driver in front of them. As such, a driver usually only has to prove that they were rear-ended for the other driver to be found at fault. The burden then shifts to the defendant rear driver to prove otherwise. In such cases, the operator of the rear vehicle bears the burden of producing evidence to contradict or to rebut the presumed negligence or explain his or her inability to avoid the collision.  

Having an experienced car accident attorney on your team ensures that you will have an attorney who understands this presumption that applies in rear-end accident cases and can protect your rights if you are involved in a rear-end collision. 

Proving Fault for a Rear-End Collision

For the driver in the front to recover compensation for injuries caused by a rear-end collision, four elements must be proven:

• The rear driver was legally required to maintain a safe following distance to ensure your safety.
• The rear driver failed to maintain a safe following distance.
• The rear-end accident was the foreseeable and actual cause of your injuries.
• You were injured by the accident.

The Rear Driver Can Overcome the Presumption of Fault

In some circumstances, such as an arbitrary stop or sudden and unreasonable lane change, the vehicle that strikes the rear of another may not be liable. Some potential defenses that a rear driver may assert after a rear-end collision include:

• The front driver’s taillights were not functional
• Successive car crashes
• A sudden and unexpected stop
• Mechanical malfunction
• Illegal maneuver by the front driver

It also becomes the burden of the driver who rear-ends the other to challenge the presumption of negligence of the rear car with competent evidence. Additionally, things like slowing for traffic signals or stopped traffic are not excuses under the law for drivers rear-ending others.   

Likewise, if you are the rear driver and are injured in a car accident, you can still bring a claim for the injuries that you suffered as a result of the car crash. However, you would have to prove that one or more of the reasons outlined above was the cause of your rear-ending the vehicle in front of you. If, for example, you were injured in a rear-end accident because a vehicle suddenly swerved in front of your vehicle, causing you to impact the rear of that vehicle, you, too, could bring a claim against the driver of the forward vehicle. Like in the case where your car is rear-ended, you must still prove the driver in the front behaved negligently and caused you to rear-end them, causing your injuries. As this type of claim may be more difficult to prove as you must overcome the presumption of negligence, it is imperative that you consult with an experienced Fort Myers car accident attorney who can fully evaluate your case and the liability of all parties. 

You Can Still Recover Compensation if You Were Partially at Fault for the Accident 

Florida is not a pure comparative negligence state. This means that juries are now permitted to apportion liability between a negligent plaintiff and a negligent defendant. Until recently, the injured party’s own negligence would only bar recovery to the extent of their own percentage of fault. However, the Florida Legislature amended Florida Statute section 768.81 in 2023 to state that if an injured person bringing a claim is found to be over 50% for his or her own injuries, then the injured person may not recover any damages whatsoever. In any case, do not assume that you cannot recover if you think you might be at fault, especially if you are involved in a rear-end accident. You must consult with an experienced car accident attorney who can fully evaluate the liability of all parties.

Additionally, a rear-end collision does not automatically mean that the rear driver will be held liable. Regardless of your role in the accident, you are expected to drive in a prudent and reasonable manner, given the circumstances at the time of the collision. Where the rear driver presents evidence that fairly and reasonably rebuts the presumption of negligence, the issue of the rear driver’s negligence must then be presented to the finder of fact as an ordinary case of negligence. In such situations, juries must evaluate the claims without the aid of the presumption, reconcile conflicting evidence, and evaluate the credibility of witnesses and the weight of the evidence. A Fort Myers car accident attorney with experience handling rear-end collision cases can help establish that the driver of a vehicle who hit you is presumed under the law to be responsible for the accident under Florida’s doctrine of “presumption of negligence.” 

Protecting Your Legal Rights after a Rear-End Collision 

If you are injured in a rear-end collision, it will be important for you to be proactive about protecting your legal rights. With this in mind, you should do the following as soon as possible:

1. Document Your Accident as Thoroughly as Possible 

Documentation is essential when dealing with insurance companies after an accident. If you are able to safely do so, you should take photos and videos to document any damage to your vehicle, and you should be sure to keep any photos or videos you took in the immediate aftermath of the accident.

2. Report the Accident to the Authorities and Your Insurance Company

Accidents should be reported to local law enforcement. Accidents should also be reported to the car owner’s insurance company as soon as possible. 

3. Get Help from a Fort Myers Car Accident Attorney

An experienced Fort Myers car accident attorney will be able to investigate your rear-end collision accident and determine what evidence is available to protect your legal rights. Your attorney will also be able to deal with the insurance companies and take any necessary legal action on your behalf. To maximize your chances of a full recovery, you should contact an experienced car accident attorney as soon after your accident as possible.

Speak with a Skilled Fort Myers Car Accident Attorney About Your Rear-End Collision 

If you have been the victim of a rear-end collision in Florida, you have rights. Fort Myers car accident attorney Randall L. Spivey routinely handles rear-end collision claims, and our attorneys would be glad to discuss your options with you. Randall L. Spivey is consistently named to the Florida Super Lawyer List for exhibiting excellence in his practice of personal injury. He is also among only 1 percent of Florida lawyers who are Board Certified in Civil Trial Law, which is the highest level of recognition by the Florida Bar for experience and competency. 

If you were injured based on the negligence of another driver in a rear-end collision, you can call Attorney Randall L. Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. in confidence at 239-337-7483 or statewide at 888-477-4839 or contact us 24/7 online at SpiveyLaw.com for a free consultation.