Rear-end accidents can result in serious injuries. Even though Florida is a no-fault insurance state, negligent drivers can be held responsible for accidents and serious injuries they cause. Here’s an overview of when you might consider pursuing a negligence claim.
General liability
Because Florida is a no-fault insurance state, it’s often not necessary to prove another driver was negligent. Drivers typically pursue compensation from their insurance company. However, when you suffer serious injuries which require long-term care, result in disability or prevent you from returning to work, your insurance settlement may not be enough to cover your costs. Filing a claim against the negligent driver can help. Generally, the rear driver is at fault—but there are always exceptions.
Multi-car rear end collisions
Multi-car rear end collisions can be more difficult to ascertain fault. While typically, the rear driver is at fault for collisions, when multiple vehicles are involved, they may not be the responsible party. For example, a car could rear-end the vehicle in front of them at a stoplight, which causes that car to rear-end the vehicle ahead of their car. It’s important to talk to an attorney about your options, especially if you were seriously injured.
Comparative negligence
Florida is a pure comparative fault state. If a driver rear-ends you and they were completely at fault, and your injuries were serious enough to get around the no-fault rule, you’ll collect your full award. If, however, you’re deemed partially responsible for the accident, your award is reduced by the percentage of which you were determined to be at fault. For example, if you were 10 percent at fault, your award is reduced by 10 percent.
If you’ve been injured in a serious rear-end collision, let us review your claim and explain your options. Talk to an experienced Bradenton, FL auto accident lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh today.