Rear-end collisions – A commonly held belief is if you are rear-ended, the driver behind you is at fault. In Florida that is most likely the case— but not always.
Florida law provides a “rebuttable presumption” that the rear-ending driver is solely responsible for the damages. Rebuttable, because if he or she can produce evidence which “fairly and reasonably” demonstrates other factors were involved, he or she may escape all or some of the responsibility. Courts have accepted arguments such as a sudden and unexpected incapacitating illness of the rear-ending driver, or sudden and unexpected mechanical failure of the rear-ending vehicle. Other examples include sudden and unexpected stopping of the vehicle that was hit.
Contacting an attorney after a rear-end collision is crucial. Do not assume that the driver behind you won’t claim one of the facts mentioned above.
If you have been injured in a rear-end collision, don’t run the risk of facing this on your own. Call an attorney. Make sure your rights are protected and that you are well represented. At Kerrigan Estess Rankin McLeod & Thompson, we have over 40 years of experience representing clients involved in vehicle accidents of all types. Don’t wait and think “things will work out.” Call us today. We’re ready to take your call anytime, day or night.