People often ask me, who is responsible for a rear end auto accident?

In Florida, liability in a rear-end collision is generally placed on the driver who rear ends the other vehicle. Florida Courts have long recognized a presumption of negligence in the case of a rear end crash in Florida.

However, this is just a presumption, and does not account for every single rear-end crash. For example, if you swerve into your lane and braked suddenly, or if brake lights were out at the time of the crash, the other driver may not be fully responsible for the crash.

In a recent case involving a rear end crash, a Florida Court determined that the presumption of fault in a rear-end crash doesn’t override Florida’s comparative negligence standard.

This means that even if you were a victim of a rear end collision, the judge or jury may find that multiple parties were at fault for the crash and then assign each party a percentage of fault based on the evidence of the case. Even if you contributed to causing the crash, you can still recover compensation for your injuries.

If you were injured in a rear end collision, contact us to find out more about your rights.