Due to COVID-19, we offer free consultation via phone or video with ZOOM/Facetime if you can't make it to our office! 

Rear End Accident

Rear End Accident - Introduction

No one sees it coming when they are involved in a rear end accident. A rear end accident occurs when a vehicle approaches another from behind and collides with it. When this occurs, passengers of the vehicles can experience various types of injuries. The most common injury is whiplash, a spinal injury that affects the neck, caused by the sudden movement of the vehicle lurching forward and then stopping suddenly. However, victims have been known to experience more serious spinal cord injuries due to the sudden impacts.

At-Fault Presumption?

Florida law does presume that the driver that hit a vehicle from behind is at-fault for the accident, but this driver is allowed to present evidence to the contrary. Before the recent Supreme Court cases that have decided otherwise, Florida used to adhere to a presumption of fault rule. This rule presumed that the driver that hit another from behind was automatically at fault. The Supreme Court has since recognized that there may be other factors that cause rear end collisions, such as mechanical failure or the sudden unexpected stop of the driver in front, and therefore this presumption is rebuttable. For instance, in the case of Cevallos v. Rideout, the Florida Supreme Court wrote that “the presumption of negligence attaches to a rear driver in a rear-end motor vehicle collision case can be rebutted or avoided by the production of evidence from which a jury could find negligence on the part of the front driver that contributed to bring about the injury-producing collision.”

Since rear end collisions have this rebuttable presumption, it is important to discuss the implications further with an experienced legal professional. Whether you are the driver in the front or the back, you will need someone on your side to defend you in court. Florida law allows each driver to provide evidence in court of the other driver’s fault so that blame can be apportioned accordingly. Since Florida law allows a party to recover even if they contributed to the cause of the accident, this party will be able to recover damages less the percentage of fault attributed to him or her. This percentage is determined by a jury.

Causes of Rear End Accidents

Rear end accidents have become more frequent because of distracted driving. People are texting, e-mailing and web browsing while operating their vehicles. Others have been known to be distracted by their GPS devices and car radios. This careless and inattentive driving causes accidents such as rear end collisions.

Prompt Medical Care

Sadly, the few seconds that this accident takes to occur can potentially change the lives of passengers forever. Regardless of who is at fault of the rear end collision, passengers can be somewhat consoled by the fact that they can receive medical care immediately after such an accident. Florida law requires drivers to carry no-fault insurance for reasonable and necessary medical expenses. If you are involved in such an accident, do not wait to determine who is at fault before seeking medical care as you can receive the no-fault coverage medical benefits right away.

Where to find a rear end accident lawyer with free consultation near me?

Involved in a truck accident? Schedule a Free Consultation with one of our truck accident attorneys in Plantation. We are a firm comprised of experienced accident attorneys and take our clients cases seriously. Our lawyers are known in the community to provide reliable trustworthy answers, aggressive legal representation, and affordable legal services. You NEVER PAY unless YOU GET PAID. We understand you have your choice of no win, no fee personal injury lawyers.

All We Do are:

and everything involving vehicle accidents.

You risk nothing by talking with us, because will not cost you anything unless we can recover for you.

Understand your legal rights when you are involved in a car accident. Contact us at 954-961-5100 for more information or to discuss your free consultation.

Contact Us For A Free Consultation

  • Hidden
  • Hidden
    MM slash DD slash YYYY
  • This field is for validation purposes and should be left unchanged.

What Our Clients Say

  • June loochkartt

    "Mr. Gonzalez is a highly effective personal injury who gets results and practices with diligence, professionalism and integrity. He is swift to get results, fights for you and never backs down from a difficult case to obtain a great result. Always responsive to questions and very thorough handling of the case. I would highly recommend his firm to anyone looking for representation."

  • DANIELLA PREVOST

    "I would highly recommend Rafael Gonzalez as a personal injury attorney. He demonstrates Professionalism, was very knowledge, and was responsive to all my concerns. He answered all my questions in a timely manner with compassion and wisdom. He is a great negotiator and always has his client’s best interest at heart. I would highly recommend him as a personal injury attorney. Thank you, Rafael Gonzalez!"

  • ANA QUIJANO

    I had an awesome experience with this law firm. Rafael Gonzalez and his team are great all the time take the phone. Answer questions, always ready to help you. Being in an accident is already so stressful, they would help you with everything you need: guide you with your doctors visits, give you an advise all the time. I strongly recommend them for ALL your situations. Love them!!!!

  • Ada Fondeur

    Very professional and attentive team. Attorney Gonzalez was always willing to answer my questions and concerns and most of all always looking out for my best interest. Very satisfied.

  • LESLIE DIXON

    My process was very long but it was worth the wait. Mr. Gonzalez and his team are very professional and a great to work with. I received updates as to my case frequently and I appreciate all the updates. Thank you very much for handling my case.

  • Kayann Rainford

    Attorney Rafael Gonzalez and his paralegal gave good customer service, very friendly, respectful and nice.

  • SARA T.

    I was referred to Attorney Ralph Gonzalez to take care of injuries sustained from a car accident where I was rear ended. Not only did they make sure I got the care I needed, but were extremely professional and thorough in communication to explain the processes, follow ups, and expectations. Just closed the case after some time with a bigger settlement than expected, and I couldn't be happier with the treatment/services received from this office. Will 100% recommend to everyone. Thank you!

  • BARBARA P.

    I am very pleased with the service and I received from this law firm. I am thankful to have Mr. R. Gonzalez as my attorney. I would recommend calling this office to represent you.

  • JENNIFER D.

    Mr. Rafael is always professional and gives realistic expectations of everything.

AskMyAttorneys footer logo
Real answers from real attorneys. Case evaluation within 24 hours guaranteed. Affordable pricing. Our initial consultation is always 100% Free.
Mon - Sun
6:00am -10:00pm
AskMyAttorneys
Online Marketing and SEO by RedCastleServices.com
chevron-down Skip to content