Each year, millions of drivers are involved in rear-end car accidents. These types of accidents can create financial and emotional stress for those involved as well as physical injuries. Whether one or both drivers are responsible, collisions such as these can be complicated. Here is what you need to know about rear-end car accidents in Florida.
Florida is a No-Fault State
Florida is a no-fault insurance state which means that if you are injured after being rear-ended in an auto accident, your insurance will pay your medical costs up to your plan limits even if you are not at fault. Florida drivers must carry personal injury protection (PIP) in the amount of at least $10,000, which is for their own injuries no matter who is at fault for the accident, and $10,000.00 of property damage insurance. However, depending on the severity of the injuries, a victim may have a separate cause of action against a negligent driver.
The Rear Ending Driver Could be at Fault
When you think about a rear end accident, it seems as if the car driver that struck the other from behind would always be to blame. For instance, one car rear-ends the other due to being distracted, following too closely, or going too fast to stop in time. However, when there are multiple cars involved, one car may end up rear-ending another because another vehicle struck them from behind. In that situation, the middle car could not help hitting the car in front of them.
Negligence for a rear-ending accident can be demonstrated when you can show that the other driver had a duty which was breached by their actions and resulted in your injury. For instance, all drivers are responsible for driving safely. If the driver who hit you from behind was distracted and driving too fast, they may be considered to have been driving in an unreasonably unsafe manner causing your injury. In that situation, the driver could be found negligent.
Florida law observes something called “pure comparative fault” when analyzing responsibility for personal injury. When applied to a car accident, each driver is assigned a percentage amount of blame for the collision, and their recovery will be limited to that amount. For example, if you are suing another driver for negligence and it is found that you were 80% at fault for the crash, your damages would be decreased by 80% which would allow you to recover 20%.
Contact the Draper Law Firm
Being injured in a car accident can be financially devastating and result in serious injuries. At a time like this, you need the advice of an experienced personal injury attorney who can help you assess and prepare your case. At the Draper Law Firm, we have experienced attorneys who are ready to fight for you. To learn more, contact us today online or call (866) 767-4711. We proudly serve the greater Central Florida area with offices located in Kissimmee, Orlando, and St. Cloud.