Florida’s Rear End Collision Rule was first recognized by the courts in 1959. This rule states that in a rear end auto accident, a presumption arises that the driver of the rear vehicle was negligent and his/her negligence was the sole cause of the collision. The rationale of the Rear End Collision Rule acknowledges that it is plainly difficult for a front-facing driver to establish what has happened behind him/her. The Rear End Collision Rule is a rebuttable presumption, meaning that evidence can be admitted at trial which contradicts the presumption of negligence on the driver of the rear vehicle. One of the exceptions to the Rear End Collision Rule is an sudden, unexpected stop in a place where it could not reasonably be expected by the driver of the rear vehicle. The following is one of many auto accident questions asked on avvo.com which attorney Mike Hancock answered in November, 2013, regarding a rear end auto accident:
Question: I rear ended another car because the driver in front of me hit her brakes and I hit her car. What are my rights and what should I do? Now she has file a claim against me. My car has the most damage. Her car has none just a bent plate. Do I have to file a clain against her?
Mike Hancock’s Answer: There is a legal presumption in Florida that you were negligent if you rear ended another car. That presumption is rebuttable only if you can prove that the other driver made a sudden unexpected stop. The case law is clear that there is no sudden unexpected stop if you were both in regular traffic and the person braked for traffic ahead of her. If you believe she made a sudden unexpected stop that caused you to rear end her, make a claim against her insurance company for your property damage, and any personal injury claim that you may have.
Been rear ended? Call now to speak with Attorney Mike Hancock for a free explanation of what damages you are entitled to recover for your car accident injuries
Mike Hancock’s goal is to maximize compensation for your physical, financial and emotional damages. We offer a free, confidential consultation at 813-915-1110. Our phones are answered 24/7/365. You can also reach us by e-mail.