Fault in a rear-end collision rests on who acted negligently. Examples could include a driver who was tailgating or a motorist who stopped suddenly. The rear driver is not automatically responsible for a rear-end collision. Fault in your case will be determined by its evidence.
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Negligence in Rear-end Collision Cases
According to Florida Statutes §316.192, reckless driving is operating a vehicle with “willful or wanton disregard for the safety of persons or property.” Reckless driving can result in a fine or a term of imprisonment.
Reckless driving is not only a violation of Florida law; it can also be used as proof of fault in a civil court case. If your lawyer can prove the other driver engaged in reckless or negligent driving, then you may be able to recover compensation for your losses.
Types of Negligent Driving
According to the National Highway Traffic Safety Administration (NHTSA), these are the common forms of negligent driving that can lead to car accidents:
- Drunk driving: When under the influence of alcohol, drivers may have difficulty with their senses and reflexes, as well as their judgment skills.
- Drug-impaired driving: Both illegal drugs and prescription medications can impede a driver’s senses and reflexes. It is a driver’s responsibility to make sure they are not impaired before they get behind the wheel.
- Distracted driving: Distractions include texting, talking, changing the radio, looking at a map or GPS, or anything else that takes a driver’s attention away from the road. When distracted, drivers may fail to respond in time to situations on the road.
- Drowsy driving: Drivers can become drowsy late at night if they have not slept well the night before or if they have been driving for a long time. Fatigue impedes the senses and reflexes and can even lead a driver to fall asleep at the wheel.
- Speeding: Speeding can make it impossible to slow down in time to avoid an accident. Speeding drivers may also engage in other aggressive driving behaviors that put their safety and that of others at risk. Such behaviors include tailgating, weaving in and out of traffic, running red lights and stop signs, and others that endanger motorists on the road.
To determine who is at fault for your rear-end collision, your lawyer will investigate to uncover evidence of these risky driving behaviors. If the other driver involved in your accident was negligent, they could be held liable for your accident and injuries.
Comparative Fault In Rear-end Collision Cases
Even if you think you might share some blame for the accident, you should still reach out to a lawyer to discuss your options. You may still be able to recover compensation for your injuries and losses.
This is because of Florida Statutes §768.81, also known as Florida’s comparative negligence law. It means that even if you are partially at fault, you can still recover compensation as long as you can prove the other party was more at fault than you were. This is why it is important to find a lawyer who will thoroughly investigate your case and determine negligence.
Negligence Can Affect Your Final Settlement or Court Award
The amount you are able to recover may be affected by the amount of fault you have in the accident. Our lawyer can discuss this possibility with you after reviewing the specifics of your case.
We can also help you better understand the kinds of economic and non-economic damages you could recover through a claim or lawsuit. This includes money for the following:
- Past and future medical bills
- Lost wages and lost earning potential
- Property damage costs, like vehicle repairs
- Out-of-pocket expenses
- Pain and suffering
You could lose the right to damages if you neglect to file your case on time. Florida Statutes §95.11(3)(a) says that you could have as little as four years to file your civil case. While you could qualify for some exceptions, you do not want to risk losing your chance to seek damages.
How a Lawyer from the Law Offices of Anidjar & Levine Can Help You
At the Law Offices of Anidjar & Levine, we serve the wrongfully injured people of Florida. We work to get the best possible outcome in your case, all while keeping you in the loop throughout this process. We will advocate for your best interests and will not settle for less than the amount you deserve for your injuries.
We take our cases on a contingency-fee-basis, which means we do not get paid unless or until we secure money for you. If you have more questions about who is at fault in a rear-end collision, the Law Offices of Anidjar & Levine is here to help.
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