A rear-end collision is an auto accident where a car crashes into another vehicle in front of it. Like other collisions, getting rear-ended can lead to considerable expenses like medical bills and auto repairs. Of course, this depends on how strong the crash impact was.
In any case, you do not have to shoulder the accident’s costs alone. If you got into a rear-end crash here in Tampa, consider consulting with an attorney from the Law Offices of Anidjar & Levine first. A Tampa rear-end collision car accident lawyer will know what compensation options work best in your situation. They can also help you understand the laws affecting your case.
Who Can Be Liable in a Rear-End Collision?
It can be easy to assume that the motorist driving the rear car is always at fault. After all, Florida Statutes § 316.0895states that drivers should maintain a reasonable distance from the car in front of them. They should also consider the speed, traffic conditions, and the type of road when maintaining said distance. This helps them avoid crashing into the front vehicle if something happens to the latter.
If the rear driver did not follow this rule, you could hold them negligent in the accident. However, a Tampa rear-end collision car accident lawyer can still check if other factors are at play. For example, suppose you were the rear driver and the front one brake-checked you. They could be at fault instead.
Since the accident lawyer is familiar with the relevant accident laws, they can also investigate whether the other driver broke additional laws. For example, they could have rear-ended you because they got distracted while texting. This would make them even more negligent, as the law prohibits texting while driving.
For a free legal consultation with a rear-end collision car accidents lawyer serving Tampa, 800-747-3733
How to Get Compensated after Your Tampa Rear-End Car Accident
There are three main options for recovering damages after your Tampa rear-end accident:
- Use your PIP insurance
- File a liability claim
- File a lawsuit and take matters to court
The Tampa rear-end car accident lawyer can help you gather proof of the accident and what you suffered because of it. Your evidence could include:
- Dashcam videos and surveillance footage,
- Eyewitness testimonies,
- Photographs of the car’s damage,
- Photographs of your injuries,
- and medical records for your injury
Using PIP Insurance First
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires Tampa motorists to carry Personal Injury Protection insurance or PIP. This pays for your injury-related expenses, such as medical bills.
However, PIP does not let you recover non-economic or pain and suffering damages. On the other hand, it will shoulder your expenses no matter who is more liable for the rear-end car accident.
When Are Third-Party Actions Available?
You can only qualify for third-party injury actions if your medical condition is severe enough to meet Florida Statutes § 627.737. Losing a loved one also makes you eligible for damages from the liable driver.
Liability Claims Vs. Lawsuits: What to File
Besides helping you find evidence of the crash, the Tampa rear-end car accident lawyer can also guide you on whether to file a liability claim or lawsuit. While both can help you recover damages, one option may be more suitable than the other based on the circumstances.
If the driver who caused the accident has injury liability coverage, you could file a claim with their car insurance company. This coverage isn’t required in Florida, though, so many drivers may not carry it. This means you might have to file a civil lawsuit against the driver instead. In a lawsuit, the court will decide how much you can receive from the other party.
The rear-end collision attorney can represent you when going to court or negotiating with the insurance company. They will know how to present the case persuasively.
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Filing Your Tampa Rear-End Collision Case on Time
A Tampa rear-end collision case has the same statute of limitations as other Florida car accident cases. This means you have up to four years to file the case (Florida Statues § 95.11). Meanwhile, you must file within two years if a loved one dies in the rear-end accident.
Do be warned: filing late will automatically dismiss your case. With this in mind, you could start sooner than later to avoid accidentally missing the deadline.
It is part of your lawyer’s responsibility to help ensure you can comply with your filing deadlines. This involves checking how much time your case has left, particularly if you have any tolling exceptions that apply. For instance, if the at-fault motorist flees Florida, the timer will only start once they return.
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Damages in a Rear-End Collision Settlement
If you settle the Tampa rear-end accident case, you can recover damages compensating for your expenses and suffering. These typically include:
- All relevant medical expenses, such as hospitalizations, surgical procedures, and doctors’ appointments
- Past, current, and future lost wages due to your injury
- Auto repairs and other property damages
- Emotional anguish and trauma
Compiling as many records of your expenses as possible will help the Tampa car accident lawyer estimate your case value more accurately. However, remember that sharing some fault in the accident can reduce your damages in liability claims and lawsuits. For example, if you are 30 percent liable, the other driver only owes you 70 percent of the total settlement.
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Speak With a Car Accident Attorney Serving Hillsborough County
Dealing with a rear-end collision is distressing for anyone here in Tampa. If you are uncertain of what to do next, you can call the Law Offices of Anidjar & Levine anytime. We can discuss your immediate legal concerns 24/7. Furthermore, you can also have a free consultation with a team member. They can review your case to see whether you have a valid case against the other driver.
Our legal team has served Florida injury victims since 2005 and has experience dealing with a wide range of practice areas. Aside from car accidents, we have also settled cases like mass torts, boating accidents, and premises liability. You can message or call us anytime for your free, no-risk, no-obligation consultation.
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