Who is Liable for Rear-End Accidents in Florida?

Rear-end accidents are some of the most common types of car crashes in Florida. A rear-end collision occurs when a motorist crashes into the rear of a vehicle in front of them. In the majority of cases, rear-end collisions only result in minor injuries, as they often occur in parking lots and slow-moving roadways. There are times, though, when rear-end accidents cause severe injuries, such as broken bones and traumatic brain injuries.

If you have been hurt in a rear-end accident, it is important to know how liability is determined in these cases. Although many people assume the rear driver is always at fault for these accidents, that is not always the case. Below, our Tampa car accident attorney explains in greater detail below.

The Presumption Under Florida Law 

The law in Florida does presume that the rear driver is at fault for a rear-end accident. This is because all motorists are expected to maintain a safe distance behind the vehicle in front of them. Drivers are expected to maintain this safe space so they can slow down and come to a complete stop when necessary and without hurting anyone around them. However, it is possible to challenge this presumption, and a Tampa car accident attorney can help.

The Bursting Bubble Presumption in Florida

In Florida, there is a ‘bursting bubble presumption’ in rear-end accident cases. This is a legal doctrine that stipulates that in rear-end collisions, the rear end driver is presumed to be at fault. However, this ‘bubble’ of presumption can ‘burst’ if the rear-end driver presents evidence showing that they are not entirely, or not at all, at fault for the crash. Strong evidence of fault on the part of the front driver is crucial, as the bursting of the bubble is not absolute.

There are multiple scenarios that can burst the bubble of presumption in rear-end accident cases. These include:

• The front driver abruptly stopped in an unexpected place
• There was an unexpected mechanical failure in the rear driver’s vehicle
• The lead driver made an improper or illegal stop
• The front driver changed lanes abruptly and directly in front of the rear driver

Some of the strongest pieces of evidence that can prove a lead driver was at fault includes accident reports, dash cam footage, witness testimony, and expert witness testimony. Simply running into the front vehicle is not enough to burst the bubble of presumption. If a driver makes a routine stop, even if suddenly, at a stop sign or red light, it does not typically overcome the presumption of negligence.

Our Car Accident Attorney in Tampa Can Prove Your Case

Whether you were struck by a rear driver or you hit another motorist, you need legal help. At Moore Law, our Tampa car accident attorney can advise on the evidence necessary to prove your case to refute claims of fault and help you obtain any compensation that may be available.  Call us today at 813-510-5400 or chat with us online to schedule a consultation and to learn more about how we can help.

Source:

floridabar.org/the-florida-bar-journal/bursting-bubbles-evidentiary-presumptions-in-personal-liability-assessments/