Every day in virtually every community, a person is injured in a Florida Automobile Accident as a result of a rear end collision or rear end crash. Florida law presumes that the driver, who crashes into the rear end or back end of another vehicle, is at fault for the crash. This is a presumption that in some but not many cases can be overcome by the defense or argument that the driver in front stopped abruptly or otherwise drove in a negligent manner that was the primary cause of the crash. However, it most cases, the personal injury victim has a solid case against the driver and his or her insurance company when the injury victim is rearended.
Section, 316.0895, Florida Statutes - Following Too Closel - provides as follows:
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
Many rear end crashed can be avoided with slower speeds, safer distances, and less driver distraction. When a person is injured as a result of a Florida Automobile Accident including a rear end crash, it is important for the injury victim to be informed regarding insurance claims, processes, medical bills, medical treatment, and the basic tenets of the law. Florida has a set of laws in place that apply uniquely to Florida Automobile Accidents. Some of these laws make sense and are fair while other Florida laws defy logic, fairness, and common sense. Because of the complexities and nuances of these laws, it is important for a personal injury victim to consult with a Florida Personal Injury Attorney to discuss the facts and the respective laws and rights to compensation.
The above referenced Florida Statute is a good statute for injury victims. It clearly puts the burden on the driver who rearended the injury victim to prove that there were circumstances that some how justified or excused the rear ending driver for his or her negligence. While it is a helpful statute, this particular statute does not guarantee a victory or full compensation when a person is injured as a result of a rear end crash. Insurance companies, even under the fact pattern of a rear end crash, will still dispute the injury claim by questioning the force of the impact, the seriousness of the injuries, and the diagnostic findings and treatment. Insurance companies have their own hand picked doctors and medical professionals in place to review records and provide evaluations that attempt to minimize and / or deny the relationship of the claimed injuries to the rear end crash. Insurance companies are especially difficult when there is a low speed wreck with little to no property damage. Even when there is a crash with significant property damage, insurance companies will still scrutinize the medical records and attempt to argue that the injuries were minor, temporary, and / or related to pre-existing conditions or incidents.
David A. Wolf has devoted his career to the representation of individuals who have suffered personal injuries due to the negligence of others including personal injuries related to rear end car accidents. He is the author of several books including the book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. The book focuses on personal injuries to child caused by an automobile accident, bicycle accident, or pedestrian accident. David A. Wolf has represented clients of all walks of life and of all age groups from infants to teens to adults to seniors.