Have you been rear-ended? - Michles and Booth

Florida’s Law on Rear End Collision Auto Accidents

If you have been an auto accident where you were rear-ended by somebody, it is important to know that the law is on your side. Florida has a “rear-end presumption,” – a legal term which means that under the law it is presumed that the person that rear-ended you was at fault for the accident. Florida Statute Section 316.0895 requires that every driver in Florida remains alert and follows the vehicle in front of him or her at a safe distance, which is why the law presumes that if someone hits you from behind the accident is their fault.

This presumption is not easily defeated, especially when you have a auto accident lawyer at your side. Even if the person who hit you claims that you made a “sudden stop,” they are still considered at fault. The law requires more than that – it requires proof of other factors before the rear-end presumption is rebutted. The person who hit you has to prove that, even if you made a sudden stop, you did it at a time and place where it would not be reasonable to expect you to do so. This is a serious up-hill fight for the person who rear-ended you.

For example, many courts have found that busy intersections, where these sorts of accidents often happen, are the exact places where people should expect someone else to stop quickly – meaning, the person who hit you is still at fault. Another common scenario is being rear-ended by a distracted driver when you are stopped at a red light or stop sign. In this situation, it will be extremely difficult for the person who hits you from behind to rebut the rear-end presumption and prove that they are not at fault. These are just a few examples of the how hard it is for someone to avoid being held liable when they rear-end you.

The short story is this: if you have been rear-ended by somebody the law presumes that are you are the victim, which means you may have a claim against the other driver for the damages and injuries they caused when they hit you from behind. It is important to contact a auto accident lawyer as soon as possible after the accident to make sure that you preserve your rights as a victim and that everything is done to make sure that you are protected by Florida’s “rear-end presumption.”

If you have any questions regarding a rear end collision auto accident, please don’t hesitate to give us a call. We are here to help you and preserve your rights – our phone number is 850-438-4848