A common misperception is that rear-end collisions are minor fender benders, but in reality, these crashes can be deadly, as well as cause serious and life-threatening injuries.
Boynton Beach rear-end collision lawyers from Kogan & DiSalvo have a proven record of obtaining proper compensation for motorists who are injured in this type of wreck through no fault of their own. Contact an experienced accident attorney to look into whether or not you have a claim and how to pursue compensation.
Rear-End Accident Statistics
Rear-end collisions are the most common crashes on American roads, states the National Highway Traffic Safety Administration, and they happen all the time in Palm Beach County.
The Florida Department of Highway Safety and Motor Vehicles reported that of the 24,887 traffic incidents in the county during 2015 there were 8,212 rear-end collisions.
How Rear-End Collisions Occur
Many rear-end collision are caused by motorists following too closely. The rule is for every 10 mph of speed one is driving, a distance of one car length is needed to be safe. Aggressive drivers squeeze between vehicles, compromising the distance between vehicles.
Speed is another contributing factor. Drivers are distracted by operating the radio controls, eating, spilling a drink, taking phone calls, texting, talking to passengers, applying cosmetics, or taking their eyes off the road ahead to see something in another direction.
When these things happen at the wrong moment a crash can happen and these behaviors can mean these drivers are at fault for causing a wreck.
On crowded highways, one rear-end collision can easily push the car that was first hit into the vehicle ahead, and repeated. Legally, the driver that caused the first crash is also liable for all of the other crashes and injuries that resulted.
Legal Misconceptions About Rear-End Accidents
Many of Florida’s motorists may believe that if they are hit from behind they are absolved of any fault, but the Boynton Beach rear-end collision lawyer knows that is not always the case. In 1959 the Florida Legislature decreed that the trailing motorists may cause the wreck by following too closely. In 2009 the Florida Supreme Court modified that rule to allow the driver particular defenses. These are:
The driver in front:
- Unexpectedly stopped
- Stopped illegally
- Had an automotive failure such as malfunctioning brake lights
Negligence Law in Florida
Fault is determined by Florida’s modified comparative negligence standard. If a driver does not exercise the necessary duty of care toward other drivers as required by law a negligent act has occurred. The breach of care causes the collision and the collision caused harm and property damage.
Florida requires that drivers who had some fault in causing a wreck must be found to have been 49% or less at fault for causing the accident. If a plaintiff is found to be 50% or more at fault for the collision, they cannot recover.
Speak with a Boynton Beach Rear-End Collision Attorney Today
A Boynton Beach rear-end collision lawyer can analyze the facts of your case and apply Florida’s negligence law to determine a case’s validity under the law.
Potential clients can ask questions about the lawyer’s background and experience during a no-charge consultation and learn if they have a case that can succeed.