Many people assume the rear vehicle is automatically at fault in rear-end accidents. However, this is not always the case. For example, they could be partially or entirely responsible if the lead driver made a reckless turn or braked suddenly for no reason.
Therefore, the question of who is liable and to what extent can become complex, potentially affecting your settlement. Our Orlando car accident lawyers can help you navigate the legal process while ensuring you are fairly represented. We carefully analyze the facts of your personal injury case to get to the root of what happened.
What Qualifies as a Rear-End Collision?
A rear-end collision is a type of accident in which the front of one vehicle hits the back of another. Some rear-end collisions are relatively minor, while others can have life-changing outcomes. You can pursue damages after a rear-end collision if:
- Another driver rear-ended your vehicle, causing you harm.
- The other motorist was tailgating you.
- Another driver braked suddenly, causing you to collide with the back of their vehicle.
If you were involved in a crash, you don’t have to do any guesswork regarding your rights. Instead, we can evaluate your case for free and explain your legal options.
What Losses Can an Orlando Rear-End Collision Attorney Help Me Claim?
Our injury law firm breaks down your losses in detail. By doing this, we ensure that no expense goes overlooked. The following are common types of damages our Orlando personal injury lawyers generally see in these cases.
Medical Expenses
The cost of medical care can be high, and if you don’t have adequate insurance coverage, you may face a substantial financial burden. However, your settlement may provide coverage for the cost of:
- The ambulance ride.
- Emergency care.
- Hospitalization.
- Surgery.
- Medications.
- Medical imaging scans.
- Follow-up treatment.
Furthermore, your medical expenses may compound over time. As you require more medical treatments, we continue to pursue coverage. If you suffer a long-term or permanent disability, additional costs may include the price of:
- A part-time or full-time caregiver.
- Physical therapy.
- In-home medical equipment.
- Mobile assistance equipment.
- A vehicle to accommodate your disabilities.
Our personal injury lawyers serving Orlando include all your medical costs when negotiating compensation for you. Since we rely heavily on your medical records to strengthen your claim, you should always seek medical attention after a crash.
Property Damage
The physical damage to a vehicle or other property resulting from a collision qualifies as property damage. This can include damage to a vehicle’s body, frame, interior and other property, such as guardrails, fences, buildings, or landscaping.
Property damage also includes the cost of repairing or replacing the damaged property and any loss of value the property may have suffered.
In a car accident case, the at-fault party is typically responsible for paying damages through their insurance policy, settlement, or court award.
Work-Related Losses
If you were injured in an Orlando rear-end accident, you might no longer be able to work. In this case, you may:
- Lose income.
- Fall behind on work-related projects.
- Lose standing within your company.
Furthermore, you may be unable to work the same job you did before the accident. You may have to change professions, limit your hours, retire, or adapt in other ways. As a result, you may earn less. We can pursue financial coverage for these work-related losses from the at-fault driver.
Mental Anguish and Other Non-Economic Damages
Our firm seeks coverage for non-economic losses like pain and suffering. These damages generally account for:
- Mental anguish caused by the traumatic event
- Emotional distress
- Counseling for trauma
- Loss of quality of life
- Physical pain
- Loss of physical and cognitive abilities
- Loss of personal or professional opportunities
These damages can be difficult to quantify and are not tied to a specific monetary value. However, they can still significantly impact a person’s quality of life. Therefore, intangible losses may be a significant portion of your compensation.
How Much Compensation Can I Receive in an Orlando Rear-End Car Accident Case?
The settlement amount for your damages depends on your situation. No two rear-end collision cases are alike. We can provide more detailed information about your case’s value once we meet.
By learning the details of your case, we can determine the cost of your losses. Even minor accidents can be met with compensation not provided by insurance companies. We conduct in-depth research into your case. During this process, we generally:
- Speak with you
- Talk to loved ones who have seen the effects of the accident
- Interview witnesses
- Discuss your injuries with your doctors
- Gather evidence of your losses
- Conduct calculations of your current and future losses
Our legal team goes the extra mile. For example, this means thoroughly investigating and documenting your expenses. A lawyer from our firm can help you seek a fair settlement for a traffic accident case in Orlando.
What Happens When Fault Is Disputed in Rear-End Auto Accidents?
According to recent data from the National Highway Traffic Safety Administration (NHTSA), rear-end collisions are the most common, accounting for over 26% of all motor vehicle accidents.
Given how frequently these can occur, it is helpful to understand your rights regarding compensation and how these types of claims are resolved, especially when the fault is disputed.
Understanding the Comparative Negligence Laws
Florida follows the comparative negligence system, meaning both parties can share fault for an accident. According to this rule, both parties can recover financial damages; however, the settlement amount is reduced by the percentage of each person’s fault.
For example, your total damages amount to $20,000, and you are found to be 20% at fault. In that case, you would recover 80% damages and receive $16,000 instead of $20,000.
Your circumstances must be accurately represented when the fault is disputed during the legal process. Hence, having a well-organized and robust case backed by concrete evidence is essential when seeking appropriate compensation for your injuries and other related losses.
Our Orlando Rear-End Collisions Attorneys Will Investigate Your Case
Investigating the accident’s cause is key to building a strong compensation case. While it is usually presumed that the rear driver is responsible, that’s not always true. Our team will evaluate your situation, gather evidence, and determine who should pay for your hardships.
The Rear Driver May Have Caused Your Accident and Injuries
Many rear-end crashes result from the other motorist’s carelessness. Rear driver negligence may be caused by:
- Exceeding posted speed limits: Speeding is a common cause of rear-end crashes, leaving little space for the trailing driver to brake to prevent the impact.
- Traveling too fast for road conditions: Even if the motorist is not speeding according to the legal definition, they may drive too fast for traffic conditions. For example, accidents can happen if the rear driver moves faster than road conditions allow.
- Following too closely: Tailgating is a violation of traffic laws. The rear driver must allow enough space for the leading car to stop comfortably without risking an accident. If they don’t, a sudden stop could result in the rear driver colliding with the leading car.
- Distracted driving: When drivers are looking at their phones, texting, talking, peering out the window, or being lost in thought, they may not pay attention to the traffic flow and slam into the back of another vehicle.
- Driving under the influence or exhaustion: Both exhaustion and substance use can hinder a driver’s ability to think clearly and react quickly, increasing the risk of a rear-end collision. If a rear driver was under the influence of drugs or alcohol when they hit you, it’s easier to establish negligence.
Your Orlando rear-end collision attorney will gather the necessary evidence to demonstrate liability in your case.
Other Parties Might Be Liable for The Rear-End Collision
There are also cases where the driver in front or another party bears partial or sole responsibility for the wreck. Such circumstances include:
- A vehicle in front suddenly stops or reduces speed without reason.
- A broken traffic light or missing stop sign is broken can confuse drivers leaving them in question about who should stop and when.
- The trailing driver’s car is outfitted with faulty brakes, which malfunction while the car is in motion, making it impossible for the driver to stop in time.
In such cases, the driver in front, a local government agency, or a car part manufacturer, respectively, would be responsible for the rear-end collision.
Our team will evaluate your case and fight for what you’re owed. We will combat any accusations that you caused the accident and don’t deserve damages.
The Benefits of Hiring Our Rear-End Collision Attorneys
Hiring our legal team means leaving all the legal work to us. So you worry about getting better; we’ll take care of everything else.
We Are Experts in Personal Injury Law
Any accident lawyer you hire should be knowledgeable about personal injury law. We are. Our knowledge and experience allow us to:
- File your case before any deadlines expire
- File your case in the right venue
- Determine who is liable for your losses
- Determine how many parties owe you compensation
- Defend you against unsound legal arguments
- Negotiate on your behalf
Let us deal with the legal aspects of your case; it’s what we do. First, however, contact us shortly after the crash so we can deliver optimal results.
We Offer Responsive Legal Help
Every client deserves hands-on legal care. This is what we provide. You can expect our team to:
- Answer your phone calls
- Return your voicemails
- Respond promptly to your emails
- Provide case updates
- Treat you with respect and dignity
- Handle your case with empathy
We keep you as involved in your case as you would like. We even help you make appointments if you have not yet seen someone to examine your injuries, fix your car, or make other necessary arrangements.
We Charge Nothing Upfront
We offer you a contingency-fee payment structure. As the American Bar Association (ABA) explains, this means we do not get paid unless you do.
You do not pay us upfront. Instead, we receive a percentage of any settlement or judgment we obtain. You never pay out of pocket.
This arrangement means you don’t have to worry about the cost of hiring a personal injury attorney. You either win compensation or do not pay for our legal assistance.
We Handle the Insurance Company
Keep in mind insurance companies operate to make a profit. As such, they rarely open with their best settlement offer to reduce their financial exposure to a claim.
Early offers to settle may seem tempting, but in most cases, they will be less than what you deserve. Furthermore, what you say to an insurer could be used to reduce your settlement.
Avoid discussing details during the early stages until the full extent of your injuries and the facts are known. Then, while you must notify your insurer, you are only obliged to provide basic details about the accident.
Let Us Handle Your Case From Start to Finish
We are a full-service law firm. When we accept your case, we intend to finish it. Our duty to you begins with defending your rights. We protect you from insurance companies and other parties as soon as you hire us. Our lawyers then pursue a financial recovery that covers your accident-related losses. We will support you by:
- Ensuring the timely filing of your case
- Gathering evidence and documentation
- Determining liability
- Determining the cost of your losses
- Taking over communications with the insurance company
- Completing a settlement
- Completing a trial
We go to trial when settlements are not possible. However, according to ABA, a settlement is a more likely outcome for your case.
What to Do After a Rear-End Collision
Traffic accidents are unexpected, confusing, and harrowing events. Therefore, it is natural to be unsure of what to do in the heat of the moment.
Below are some general steps you should take after a car accident. However, do not panic if you do not complete each one; we may still be able to help you pursue compensation. You should:
- Make sure everyone is safe.
- Call 911 if anyone has suffered a serious injury or is unconscious.
- Call the police to report the accident.
- Get the other driver’s information, including their name and insurance information.
- Wait at the accident scene to speak to the police (unless you need immediate medical attention).
- Provide the police with short, factual answers to their questions and try to avoid anything that may sound incriminating.
- Talk to a rear-end accident lawyer from our firm.
If the other driver leaves the scene without speaking to you, they have committed a hit-and-run. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), this is illegal in the state.
Even if we cannot locate the negligent driver, we can still work to find a way for you to recover compensation.
Make Sure You See a Doctor After a Rear-End Accident in Orlando
Even if you did not require emergency medical care immediately after your accident, see a doctor as soon as possible. Severe injuries could have latent symptoms, such as whiplash.
According to Mayo Clinic, it could take days or weeks for whiplash symptoms to manifest. However, the longer you delay treatment, the worse your injuries could get.
Common injuries experienced by accident victims include:
- Head and neck injuries
- Traumatic brain injuries (TBI)
- Bone fractures
- Burns
- Catastrophic injuries
A rear-end accident lawyer at our firm serving Orlando can help you recover compensation for these and other conditions.
We Will Not Settle for Anything Less Than You Deserve
If you or a loved one was injured in a rear-end crash, the accident lawyers at Anidjar & Levine are here to offer invaluable legal advice and support you during this difficult time.
We pride ourselves on our commitment to our clients and working hard to get the results that drive our continued success.
If you have questions or are unsure about filing a claim, contact our team to learn more about your legal options and benefit from a free legal consultation today.
We Can Help.
