Is the Rear Driver Always at Fault in a Rear-End Accident?

Is the Rear Driver Always at Fault in a Rear-End Accident? Rear-end accidents are one of the most common types of accidents that occur in Florida and the U.S. These accidents often result in long-term, serious injuries. According to a Florida Highway Safety and Motor Vehicles Report, following a vehicle “too closely” led to 3,634 crashes involving non-incapacitating injuries, 350 crashes involving incapacitating injuries, and eight fatal crashes in one recent year. While rear-end accidents are often caused by the rear driver following too closely, speeding, or getting distracted, these accidents are not always caused by the rear driver. Keep reading to learn more about rear-end accidents and liability from the Brooksville car accident lawyers at the Holliday Karatinos Law Firm, PLLC.

Florida Laws on Rear-End Accidents

To minimize the chances of rear-end accidents occurring, Florida’s traffic laws require drivers to maintain a safe distance between vehicles traveling in front of them on the road. If you cause a rear-end accident because you were following too closely behind the car in front of you, there’s a good chance you could be held liable for any injuries resulting from the crash. However, there are times when the rear driver is not at fault for a rear-end accident. For example, if you rear-end another driver because they suddenly stop without warning, then you may be able to hold the other driver liable for your injuries. One factor that can complicate liability in rear-end accident claims is Florida’s no-fault insurance laws. Unless you can show that your injuries meet a certain “serious injury” threshold, you will not be able to file a claim for compensation against the other driver. The same is true for any other drivers involved in the crash. A Florida personal injury attorney can help document your injuries and explain the legal options available to you.

Can Rear-End Accidents Cause Serious Injuries?

While many rear-end accidents are minor, some injuries from rear-ending are quite serious, particularly if an accident takes place on the highway or the rear vehicle is traveling at speed. Some of the more common injuries that result from rear-end accidents include:
  • Whiplash injuries
  • Broken bones, especially the ribs, hands, and wrists
  • Soft-tissue injuries, such as torn ligaments in the arms or legs
  • Facial lacerations and severe contusions 
  • Traumatic brain injuries
  • Back injuries, such as a herniated, bulging, or ruptured disc
  • Spinal cord injuries
  • Shoulder injuries

Will You Have to Go to Court to Recover Compensation for a Rear-End Car Accident?

Most rear-end accident claims do not go to court. Instead, cases are usually resolved through an insurance settlement. However, if you can’t get a fair settlement offer from an insurance company, bringing your case to trial may be necessary. An experienced Lutz car accident lawyer can review the circumstances. 

Can You Afford a Personal Injury Attorney?

Hiring a lawyer after a rear-end accident can sound like an expensive, intimidating prospect, but it doesn’t have to be. Many personal injury lawyers, including the car accident attorneys at the Holliday Karatinos Law Firm, PLLC, offer free initial consultations to prospective clients so they can explain their rights and payment arrangements. Most car accident attorneys offer a contingency fee arrangement in which they provide legal services upfront at no cost to you. They receive a percentage of your settlement once you receive compensation. However, if you do not receive any compensation, you do not owe your attorney any fees. Want to know more about how the Holliday Karatinos Law Firm, PLLC can help you after a rear-end accident? Contact us today for your free case evaluation.

James Wayne Holliday


James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.

Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.

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