Which Driver Is At Fault for a Florida Rear-End Car Crash?

We’ve all seen or been in a Florida rear-end car crash. They happen frequently, most often because the driver in the rear is following another vehicle too closely. Distracted driver accidents, including ones caused by texting drivers and drivers talking on their cell phones, are also routinely linked to rear-end accidents. Sometimes the crash is a minor fender bender. Other times, it is more serious, such as when the driver in the rear is inattentive and moving at high-speed.

A cousin of mine, who was the lone back-seat passenger in a vehicle, was killed when an inattentive driver plowed into the rear of the vehicle. Moreover, my own brother was paralyzed and brain-injured when an inattentive speeding truck driver violently rear-ended him, sending his car careening into the path of a box truck. Clearly, rear-end vehicle crashes can be devastating for those injured or killed, and their families. I know that on a personal level.

So, how is a Palm Beach County rear-end car crash analyzed under Florida law?

How Florida Law Treats a Palm Beach County Rear-End Car Accident

Generally, when a car accident victim takes legal action against another driver, he or she must establish that:

• The driver’s conduct was negligent; and
• This negligence directly caused the victim’s injuries.

However, Florida law imposes what is known as a presumption of negligence for rear-end crash. Under this legal doctrine, the insurance adjuster, judge or jury in a rear-end crash case will presume that the rear driver is at fault. To prevail, the lead driver (who was hit from behind) and/or his/her injured passenger must only legally prove:

• That a rear-end crash occurred; and
• That he/she was injured by the crash, which caused injuries and other damages.

Easy, right? Well, it depends.  What do I mean? Read on.

The Rear Driver Is Able to Present Evidence to Rebut the Presumption That He/She Is 100 Percent At-Fault

The presumption that the rear driver was one-hundred percent at-fault for the crash is actually a rebuttable one.  That means that the rear driver is permitted to rebut i.e., challenge or contradict the presumption of his/her complete fault, by presenting evidence showing why:

• He/she was not at fault for the crash (e., the crash was unavoidable); or that
• He/she are not the only ones at fault for the crash

If the rear driver is unable to provide evidence of either of the above, then he or she will be found to be 100 percent at fault for the crash.

So what specific types of evidence would satisfactorily rebut the presumption of 100 percent rear-driver fault?

The Types of Evidence That Can Rebut the Presumption of 100 Percent Rear-Driver Fault in a Rear-End Crash

The rear driver could successfully rebut the presumption, by providing evidence that any of the following led up to the crash:

• The lead driver made a sudden and unexpected stop, perhaps due to distracted driving. (However, a sudden stop at an intersectionis not unexpected, since all drivers should expect that a pedestrian, emergency vehicle, or ordinary vehicle running a red light — may be approaching);
• The lead driver engaged in frequent or unnecessary lane changes—such as cutting off other vehicles, or engaging in other dangerous, aggressive driving behaviors— that did not give the rear driver adequate time to stop;
• The lead driver failed to repair tail lights, making it difficult for the rear driver to see the lead vehicle at night, or in adverse weather;
• The lead driver had tail (brake) lights that were not working, making it difficult or impossible for the rear driver to tell when the lead driver was stopping or slowing;
• The lead driver put his/her car in reverse;
• The lead driver suddenly swerved in front of the rear driver;
• The lead driver stopped in the roadway, but failed to set out flares, or give other notice to drivers behind him/her;
• The lead driver stopped to make a turn, but failed to actually turn;
• The lead driver failed to properly merge at an intersection;
• The lead driver operated a truck without the necessary visibility markings on the back of its trailer;
• The rear vehicle had a mechanical failure that caused the crash;

Who Is At Fault If The Rear-End Crash Causes A Chain Reaction Accident With Other Vehicles?

A chain-reaction accident involves more than two vehicles striking each other, and can occur in countless ways. For example, three or more cars may end up in a chain of rear-end crashes, or multiple cars may collide to form a pileup.

Chain-reaction accidents typically occur due to the force of an initial crash. For example, if a large truck rear-ends a car, the force of this first crash could be enough to push the car into the vehicle in front of it. The second crash could cause another rear-end crash between the third and fourth cars, and so on.

Chain-reaction accidents are often catastrophic for the occupants of the vehicle initially hit. That is because the crash occurs with enough energy to force the vehicle into other vehicles.

As the energy from crash to crash lessens, so does the force with which the vehicles collide. Property damages and injuries will grow less serious, until the kinetic energy dies out and the vehicles stop.

In most chain-reaction car accidents, Driver A (the person that caused the first crash) and Driver B (the first person hit) will suffer the most severe injuries.

Driver C’s injuries may also be serious. Drivers D, E, and so on, may experience minor to no injuries.

In a Chain-Reaction Car Accident, Who Is At Fault?

Chain-reaction accidents are often the result of a single driver’s mistake or recklessness. For example, in the most common type of Florida multi-vehicle accident, where:

• Driver A rear-ends Driver B, sending Driver B into Driver C.

Driver A—who caused the first accident, will typically be deemed most at fault for everyone’s damages.

However, the fault may not always lie with Driver A. Just as a lead driver may be at fault for a rear-end crash, a lead driver may also be at fault for causing a multi-vehicle

chain-reaction accident.  For example, if Driver B failed to replace broken tail lights­­–making it difficult for Driver A to see Driver B braking—then Driver B may be held liable for everyone’s damages.

Multiple Parties Can Share Fault for A Multi-Vehicle Accident, Under the Florida Doctrine of Comparative Negligence

Multiple parties can share fault for a multi-vehicle accident, under the Florida doctrine of comparative negligence. The doctrine of comparative negligence allows insurance adjusters, lawyers, judges, and juries, to assign percentages of fault among parties involved in an accident, based upon evidence as to how the accident occurred.  Such evidence may include:

• Police report(s);
• Traffic violations and citations;
• Witness statements;
• Traffic camera footage;
• Dashboard camera footage;
• Damage at the scene of the accident;
• Damage to vehicles involved in the accident;
• Medical records of injured victims;
• Testimony from physicians of injured victims

If evidence from such sources show that more than one driver engaged in negligent behavior that contributed to the multi-vehicle accident, then that party’s financial recovery, if any, will be reduced by his/her share of comparative negligence. For example, if a party’s injuries were valued at $100,000, but that party was deemed to be 20% at fault for the accident, then he/she would only be entitled to $80,000 in damages, rather than the full $100,000.

The following are examples of negligent behavior that would reduce a driver’s recovery:

• Making a sudden stop;
• Speeding;
• Distracted driving;
• Driving under the influence;
• Tailgating (following too closely)

Call a Palm Beach County Car Accident Lawyer Who Cares

Andrea McMillan with the Law Offices of Andrea McMillan has decades of experience investigating and handling many types of car accident cases. She will listen to you carefully, and will conduct a complete investigation into your accident, in order to find out exactly what happened. She will carefully review all documentation, including accident reports and medical records, identify and interview witnesses to the accident, and do whatever else is necessary for you to successfully bring a claim or case that sufficiently compensates you for your injuries.

We Get It. We Understand What You’re Going Through

The Law Offices of Andrea McMillan will also work hard to help you put the pieces of your life back together. We understand, first-hand, the devastating impact that injuries can have on you and your family. We “get” the physical harm, the pain, the suffering, and the psychological and emotional trauma that you are undergoing.   We understand the medical bills, lost wages, and the many other troubles caused by your accident. In the event of a death, there may be a loss of financial support or services. Whatever it is you’re facing, we’ll help you get through it, taking a load off your shoulders.

Call a lawyer who cares. Andrea McMillan with The Law Offices of Andrea McMillan is here for you. Call (561) 612-5700  today for a free consultation.