I Was Hit From Behind In An Auto Accident – Rear-end collisions are very common. It is estimated that he accounts for almost 30% of all traffic accidents resulting in serious injuries and 7% of traffic-related fatalities. There are also estimates that it occurs at a rate of 1.7 million to more than 2.5 million cases each year. Even “minor” rear-end collisions can cause vehicle damage and personal injury, but more severe rear-end collisions can leave victims with permanent pain and disability.
If you are involved in a rear-end collision in Florida, whether you were in the front car or the car behind you, you may be entitled to monetary compensation for the injuries you suffered, if you were not at fault. But understanding “fault” in Florida, especially in these types of accidents, can be complicated. Here are some things you need to know about the legal nuances of rear-end collisions.
I Was Hit From Behind In An Auto Accident
Florida courts have long recognized presumed negligence in Florida rear-end collisions. This is because all drivers have a legal duty of care to maintain an appropriate following distance and be aware of changing road conditions. If you rear-end someone, you may have followed too closely behind the vehicle you rear-ended and not paid proper attention to the traffic lights. Therefore, you are legally responsible for the accident.
How Much Does Insurance Go Up After An Accident?
However, this is just an estimate and does not take into account all rear-end collisions. For example, if the other person veers into your lane and slams on the brakes, or if their taillights are out at the time of the collision, your car may be damaged, even if you were careful and kept the proper distance. may collide with the other vehicle. All presumptions are that if you were the rear-ending driver, you have the burden of proving your innocence (or relative innocence).
In a recent Florida case involving a rear-end collision – Crime v. Rooney – the Florida First District Court of Appeals clarified that the presumption of fault in rear-end collisions does not override Florida’s comparative negligence standard. did. This means that a jury or judge must decide whether more than one party is at fault for the collision and assign each party a percentage of fault based on the available evidence.
For example, if you are rear-ended and injured, and the driver who rear-ended you was speeding, but one of his taillights was out, the driver is 85% at fault on his side and you are at his 15%. % may be recognized. What this means is that if he asks the insurance company for $100,000 in compensation for medical bills and lost wages, he may only recover up to $85,000.
However, a victim injured in a rear-end collision in Florida must first seek financial compensation through her insurance’s PIP (Personal Injury Protection) coverage, regardless of whether she was involved in the accident in any way. It won’t. Florida is a “no-fault” state. This does not mean that no one is at fault in a rear-end collision (someone clearly is, or multiple parties may be responsible), but it does cover some of the costs. This means that you must apply for your own insurance first. Legal action can be taken.
What Happens If You Are At Fault In A Car Accident?
Unfortunately, PIP only covers him $2,500 in non-emergency medical expenses, 80% of emergency medical expenses, and 60% of lost wages. If you rear-end another driver and there’s no reason why they’re at fault because you followed too closely or weren’t paying attention, his PIP benefits are likely the only compensation you’ll receive. It will be a means of Pay for your injury.
Florida Law Group has extensive experience in obtaining compensation for injuries sustained in rear-end collisions in Florida. If you believe you may have a lawsuit, contact our law firm today to schedule a free consultation. There is no need to pay upfront or out of pocket. If we recover damages, we will be paid a percentage of the award you received. If we do not win your case, you will not be obligated to pay our legal fees.
Since 1984, we have recovered over $1 billion for our clients. We understand that insurance companies are often reluctant to pay you the full amount you are entitled to, even if you are their customer. Claiming PIP benefits can be complex and burdensome, and filing a claim with the other party’s insurance company can be even more complicated. Our attorneys have over 100 years of combined experience. We know what it takes to get insurance companies to notice you. We handle all the paperwork and negotiations, so you can focus on your treatment.
If we are unable to reach a settlement that reflects the full amount of your injury costs, we will not hesitate to take your case to trial. Our firm is accustomed to working in court and has the skills, resources, and breadth of Florida law necessary to defeat or confirm a presumption of rear-end negligence, depending on your specific situation. knowledgeable. Our firm has been recognized by many elite legal organizations, including Multi-Million Dollar Lawyers Forum, Trial Lawyers Council, America’s Top 100 Trial Lawyers, America’s Best Lawyers, and Florida’s Super Lawyers. Our leader is attorney Chris Limberoupoulous, a board-certified civil trial specialist. You can trust and benefit from our excellent reputation. “Expert-verified” means our financial review committee has thoroughly evaluated the article for accuracy and clarity. The review board is made up of a panel of financial experts whose purpose is to ensure that our content is always objective and balanced.
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What Happens If You Get In An Accident Without Insurance?
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Experiencing Delayed Pain After An Accident
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