What Are My Legal Options If I’m Rear Ended In Miami?
Motorists commonly assume that they will automatically be able to recover damages from the driver or insurer of a driver that strikes them from behind in a rear-end accident. It is a common misconception that the legal liability of an accident rests solely on the motorist who rear-ended the other. At the same time, at-fault drivers often argue against this assumption and try to prove that the other driver partially contributed to the accident. This happens despite the fact that rear-end accidents are quite common; a report by the National Transportation Safety Board found that almost half of all two-vehicle crashes was a rear-end, and rear-end accidents kill over 1,700 people every year.
The parties you can sue, the expected payout of your claim, the evidence needed to build a case, and the steps involved with filing a claim with your insurance company vary from person to person and from case to case. There are very specific legal clauses that come into play and insurance policy requirements that must be met if you are to succeed in winning compensation for injuries and damages after a rear-end accident. If you’ve been involved in such an accident, call us right away to learn more about what to do in your unique situation.
Parties That Can Be Held Responsible for a Rear-End Accident
Statute 627.7407 of the Florida Legislature outlines Florida’s no-fault laws. These laws state that all persons involved in an accident can claim damages as long as they are not 100% at fault for the crash in question. The damages payout they have to pay or will receive will be in proportion to the percentage for which they are found to have been responsible for the crash themselves.
If one driver stops unexpectedly, suffers a mechanical failure, or changes lanes without warning and another driver strikes them from behind, the driver that strikes the other from behind can present these facts to a jury to rebut claims of fault from the vehicle that was struck and can seek damages of their own.
Building a case takes time, requires certain types of evidence to be presented to the insurance company, and takes a considerable amount of effort. However, with years of experience representing victims of rear-end crashes across Florida, we are here to help. We will help you file a claim and collect the evidence needed to support your case and will present your case in court so that you can get your life back on track.
Who Can Be at Fault for a Rear-End Accident?
No person or entity should suffer the consequences of an accident that was not their fault. In many cases, the following groups can be held liable for a rear-end crash.
Third-Party Drivers
At times, you might let someone else drive your vehicle, and this could lead to an accident that was not their fault either, but you’ll still have to foot the bill for repairs and damages. This is not fair, and we can help you file a claim in such a case, even if a third-party driver was behind the wheel at the time of the accident.
Other Drivers
Even if you are a careful driver, being careful will not stop other road users from being careless. Should a rear-end claim be filed against you by another negligent road user, you may be able to file a counterclaim against them.
Emergency Respondents
Police, ambulance, and other emergency respondents are prone to speeding and, at times, they strike unsuspecting vehicles or pedestrians in their way. If you were rear-ended by an emergency vehicle, you can still claim damages.
Legal Presumption of Negligence in Rear-End Collisions
According to Florida law, it is presumed that the motorist that strikes another vehicle from behind is at fault. However, this presumption can be rebutted if the rear-end collision was caused by:
- A sudden stop by the vehicle in the front: Read-end accidents are common in such cases.
- Sudden lane change: When the car in front of you suddenly changes lanes unsafely or without warning.
Based on the specifics of your case, it’s entirely possible that the car you rear-ended is at partial or complete fault for the accident. Your damage recovery will be limited to your percentage of fault in the accident based on the comparative negligence concept explained above.
A Rear-End Accident Claims Lawyer Can Help You
Whether you were rear-ended or you rear-ended another car, our Miami accident lawyers are just a call away. We will help you gather the facts and evidence needed to clear your name and file for damages from the at-fault party while helping you navigate the complex landscape of accident law, corporate litigation, insurance intimidation, and personal damages recovery.
Every case is different, so call us now at 305-853-9171 for a free case evaluation. We offer contingency-based representation and we negotiate aggressively for your best interests. Don’t delay and call now to initiate a claim.