Rear-end collisions are some of the most common crashes that take place on the road. These incidents are often minor and only lead to minimal property damage. However, not all rear-end crashes are fender-benders, and some can be devastating and even deadly. In some cases, even relatively low speed-impacts can lead to serious injuries. And sometimes rear-end crashes involve high speeds and large vehicles.
If you suffered injuries in a rear-end crash, you could be entitled to collect compensation from the driver who caused you harm. That compensation can help you cover your medical costs, property damage, and lost income resulting from the wreck. If you have questions regarding your rights and how you can recover damages after a rear-end car crash, contact an experienced Tampa, Florida car crash attorney. At the Durham Law Group, our experienced lawyers are ready to help you hold the driver who injured you accountable and get you the compensation that you need in order to focus on recovering from your injuries. Call us at 813-333-6250 to speak to a dedicated Tampa auto accident attorney.
What Causes Rear-End Crashes?
Rear-end collisions are common, and in most cases, liability in these accidents is straightforward. In many instances, rear-end accidents are the result of an inattentive motorist who fails to see that the vehicles ahead of them slowed down or stopped. A driver who is focused on their phone, for example, might collide with the back of a car that stopped in a construction zone or at a red traffic light. In those cases, there is little that the driver ahead of the other car could do to avoid the crash, and the liability will be largely that of the driver who struck the other car.
In other cases, the driver who causes the crash might be following the other vehicle too closely or speeding. In those scenarios, the front car might slow down, and the rear driver will not have enough time to stop to avoid the crash. Many drivers fail to leave enough room between their cars and other vehicles. Stopping distance is greater than many people realize, especially when traveling at high speeds. When a driver stops in an emergency, a motorist who is speeding or tailgating may feel that the other driver is at fault for braking too fast. While there might be cases where the front driver might share some of the liability, even when you slow down in an emergency, drivers behind you are the ones who have the responsibility to ensure that they allow themselves enough time to avoid a crash.
A front driver could potentially share in the fault in some cases. Unexpectedly stopping might be one situation, and another would be if the driver failed to have proper lights on their vehicle, which made it too difficult for an oncoming car to see the vehicle in time to slow down. Such could be the issue when driving at night. However, the fact that a driver shares in some of the liability will not prevent that person from making a claim against another motorist, especially one who is more at fault.
Negligence Claims in Florida
Florida is in a minority of states where the courts follow pure comparative negligence. This means that even if a driver is mostly at fault in a crash, then he or she can still collect damages from the other driver if that other person was somewhat at fault. In some situations, a case might not make sense to pursue as a practical measure.
Additionally, Florida is a no-fault state in terms of insurance, and if you suffer minor injuries, your personal injury protection insurance should cover the costs. PIP insurance will likely not be enough in more severe cases, though. If you sustain serious injuries because another driver rear-ended you, you can file a lawsuit against that driver to collect damages beyond the compensation available through your PIP coverage.
In cases where the other driver did not carry insurance, which is unfortunately common in Florida, you can potentially file an uninsured driver claim with your own insurance company.
Determining the right strategy for pursuing a claim after being involved in a car crash is a complicated matter that will rely heavily on the facts of your case. Your best course of action is to contact an experienced Tampa, Florida, car crash attorney to discuss your claim.
Never Hesitate to Speak to an Attorney
In Florida, a statute of limitations prevents plaintiffs from filing their claims long after a car crash. In most cases, the limit is four years, and in the case of a wrongful death claim, the limit is two years. Speaking to an attorney sooner will ensure that your representative has time to develop a strategy and attempt negotiations with the insurance companies. A Tampa, Florida car accident attorney will be able to explain your best options for pursuing a claim against the driver who caused you harm.
Call the Durham Law Group Today After a Rear-End collision in Tampa
At the Durham Law Group, our attorneys approach our clients with compassion and work to ensure that they recover the compensation to which they are entitled. Call us today at 813-333-6250 to speak to an experienced Tampa, Florida, personal injury attorney.