- Brent A. Couture
- Tara C. Couture
Rear-End Auto Collisions
In Melbourne, Who’s at fault when a car is hit from behind?
What if more than one vehicle is involved?
In cases involving three-vehicle collisions, the Florida Supreme Court recently cleared the way for “second” drivers–those who rear-end the vehicle in front of them–to pursue damages, including partial damages, from the driver of the middle vehicle. For example, if the middle driver was distracted and suddenly applied the brake prior to hitting the vehicle in front, the rear third driver may claim he or she collided with the rear of the middle vehicle due to the middle driver’s sudden stop. Therefore, the third driver becomes part of a three-vehicle rear-end collision due to the middle driver’s negligence.
Florida’s comparative negligence law
Florida juries are instructed to determine how much fault should be assigned to each party in the lawsuit. Damages are calculated according to the extent to which each party is at fault for the accident. Sometimes juries assign a percentage of fault to all parties in the accident. However, in a rear-end collision in which the first driver is at fault, the comparative negligence theory will most likely apply.
Rear-end collision disputes can be complex. For example, if a vehicle has a faulty brake light that fails to illuminate to indicate the vehicle is stopping, the driver of a car that is following the vehicle may not realize the upcoming stop and collide with the vehicle in front. Although the jury might assign a percentage of blame to the driver of the second car, the jury is unlikely to decide the second driver is fully responsible for rear-ending the first vehicle, which had the faulty brake light. However, because the first vehicle was rear-ended by the second car, the driver of the first vehicle may still attempt to recover a percentage of the damages. If successful in court, the first driver’s portion would be reduced by the percentage of fault that is attributed to the second driver.
In another example, if the driver of the first vehicle is driving erratically and swerves in front of a second car, the second driver may argue that he or she was unable to turn or stop to avoid hitting the first vehicle. If available, witness statements may be used to support the second driver’s argument to refute the existing presumption that the second car is always at fault.
Defense strategies
Any sudden or unexpected stop, or an illegal stop, may shift blame to the driver of the first vehicle. However, if the first driver suddenly stops at an intersection (which can happen because of an emergency vehicle or pedestrian approach) and the second driver causes a rear-end collision, the first driver could argue that the stop at the intersection should have been anticipated by the second driver. If in cases involving mechanical failure, the second driver may be able to present evidence that his or her vehicle collided with the first vehicle due to improper mechanical function.
Not all rear-end collisions involve clear fault. Florida law says that the driver has the duty to act rationally and reasonably. The manner in which Florida courts may assign fault can be complex. If you’ve been injured in an auto wreck in Brevard County, discuss your rear-end collision matters with a Melbourne car accident attorney. Contact Couture Law P.A. to request a free consultation.
Always seek medical attention
Even if you feel fine, don’t chance it. The most common type of injury associated with a rear-end collision is whiplash, and related symptoms often do not appear for months or even years after the crash. By getting medical help, you’ll also help your future case as there will be a record of what’s found by the examining doctor.
A few kind words from satisfied clients
How much does a personal injury attorney cost?
At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.
Do I have a case?
Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.
- Monday Open 24 Hours
- Tuesday Open 24 Hours
- Wednesday Open 24 Hours
- Thursday Open 24 Hours
- Friday Open 24 Hours
- Saturday appointment only
- Sunday appointment only
