Published on December 30th, 2013 | by Boca Raton Personal Injury Lawyer0
Moving Forward After a Rear-end Collision
Being on the receiving end of a rear-end collision can be both scary and damaging. Recent studies have shown that at least 6 million automobile accidents occur every year. Rear-end collisions account for approximately 31 percent of those incidents. In many cases, such collisions involve a party who was not paying attention to the road for a certain amount of time. Florida has strict laws concerning such occurrences. The following is a guideline for people who have been hit from behind in Florida.
Seek Medical Attention Immediately
After a person is rear ended, he or she will be most likely hurt and startled. However, it is extremely important to obtain the details of the other driver as quickly as possible. The person will want to contact the other party’s insurance agency to see if it can cover some of the damages.
The next step after grabbing all the personal information one can get should be visiting a care facility. The courts may want to see verification of a diagnosis and a regimen of treatment that a facility used on an injured party. The courts may want to use that as its main basis for assigning damages to that person.
Florida Presumed Fault
In the state of Florida, the courts will usually hold the driver in the rear responsible for a rear-end collision. This is because the driver in the rear is supposed to ensure that he or she creates enough stopping distance from the vehicle in the front to avoid a collision. That person is also responsible for watching what is going on in front of the car at all times. Florida courts will assume that the driver in the rear was acting in a negligent fashion unless that person has a viable defense.
Defenses for Rear Ending
Some court cases have been overturned when the evidence concluded that a person in the front vehicle might have been acting negligently. One example of such a case is Cevallos v. Rideout, et al. in which the driver who was rear-ended was using the cell phone at the time of the incident. Since most states in the U.S. banned the use of cell phones while driving, the ruling was changed. The courts received the new evidence and ruled in the defendant’s favor, because the driver was not driving responsibly.
Speaking With a Personal Injury Attorney
Anyone who is hurt in a rear-end collision will want to speak with a personal injury attorney after receiving medical care. Many personal injury attorneys are in operation to get injured persons the compensation they deserve. Additionally, some of these types of attorneys offer free consultation and recovery-based fees. In other words, they may not charge an injured person until that person wins the case.