Tampa Rear-End Accident Attorney
Rear-end accidents are some of the most common Florida car accidents we see. You might assume that the driver in the rear is always the one who is at fault for the accident. However, this is not always the case. In some rear-end accidents, proving liability can be complicated. If you or someone you love was rear-ended by another vehicle, it’s crucial to speak with an experienced Tampa rear-end accident attorney.
At the Moore Law Firm, we have over 25 years of experience handling personal injury cases in Florida, including rear-end accidents. We understand the nuances of these claims and how insurance companies try to claim your injuries aren’t severe, especially if there is not a lot of physical damage to the vehicle. Soft tissue injuries, such as whiplash, have value, despite what the insurance company will allege.
Proving Liability in a Rear-End Collision
You might assume that it’s cut and dry liability against the other driver if a vehicle rear-ended you. Unfortunately, insurance companies don’t look at claims the same way. They may allege you contributed to the accident somehow, or there was a third party involved as well. This is one reason you don’t want to give the other driver’s insurance company a recorded statement after the accident, either. They will try to get you to say something that confirms you share in the responsibility.
Florida is a comparative negligence state. This status means that even someone partially at fault for an accident can claim damages as well. For example, if the insurance company can successfully claim you were 10% at fault, it reduces their payout as you can only collect 90% of your damages.
The other driver may claim there was a mechanical defect that caused them to slam into your vehicle. However, the defect cannot be attributed to their failure to maintain their own vehicle. It must be a defect from their mechanic or the auto manufacturer. They may claim you are at fault for a sudden stop or unexpected lane change, that you were parking illegally on a roadway, etc.
Recoverable Damages in a Rear-End Accident
Recoverable damages in a car accident claim will vary based on individual circumstances. In general, damages in a Tampa rear-end accident can include:
- Medical expenses to date
- Future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Property damage
- Temporary or permanent disability
In limited circumstances, you could be eligible for punitive damages. Punitive damages are sometimes awarded in cases involving intentional actions or gross negligence, such as a drunk driving accident or drag racing.
Florida’s No-Fault Laws
Florida is one of only a few states with no-fault laws. All drivers in Florida are required to carry a minimum of $10,000 in no-fault insurance, known as PIP. All parties in an accident must use their PIP coverage before seeking damages from the negligent party in the accident. If your injuries exceed the amount of coverage you have, then you can pursue the at-fault driver and their insurance company.
Contact a Tampa Rear-End Accident Attorney
If you or someone you love was injured in a rear-end accident, speak to the Tampa rear-end accident attorneys at Moore Law today. Let us review the facts of your accident and help you determine the best course of legal action.