Car accidents come in all forms and severity. If you sustain significant injuries following a rear-end collision in the Sunshine State, proving fault can be critical for recovering compensation.
Since Florida is a no-fault state, you may file a claim with your insurance carrier. However, if your injuries and car damage are severe, the resulting expenses might exceed your insurance coverage. In this case, you may consider pursuing the liable party for damages.
Establishing fault in a rear-end collision
Like most car crashes, rear-end collisions are largely caused by negligence. To prove your case, however, you must demonstrate that the other party failed in their duty of care and that this failure resulted in the accident in question. Do keep in mind that Florida is a comparative negligence state. This means that your damages will be reduced based on your contribution to the rear-end collision in question.
That said, here are three questions that can help you strengthen your case against the defendant:
Were they tailgating when the accident happened?
Every motorist has a duty to keep a safe distance from the car in front. This is to ensure adequate room for maneuvering should there be an emergency that requires the vehicle in front to make an abrupt stop.
Were they speeding?
Speeding is one of the leading causes of car wrecks. If the defendant was speeding at the time of the crash, and this resulted in them hitting you from behind, they may be to blame for the accident.
Were they distracted?
Operating a cell phone, eating or grooming oneself while driving can take a driver’s attention off the road. Consequently, this may lead to a rear-end collision.
If you are involved in a rear-end collision that is not your fault, you deserve financial restitution for the resulting injuries and property damage. Learning more about Florida car accident laws can help you protect your rights and interests while pursuing a personal injury claim against the liable party.
