Rear End Accidents “Presumption of Negligence”
By Team at Zimmet & Zimmet, In Personal injury, 0 Comments
Florida is a “no fault” state when it comes to initial claims for injuries, but that does not mean that fault does not matter when auto accident injury claims are being settled. Florida state law requires vehicle owners to carry PIP coverage on their personal injury policy that can be used immediately when injuries occur due to an accident.
This means that all accident victim drivers will have immediate insurance overage and can receive covered medical treatment quickly.
However, the personal insurance protection requirement does not mean that fault is not central in the finalization of any auto accident case when injuries and damage go beyond the personal insurance policy protection of an injured driver. All auto accident cases are unique in some aspect when all material case facts are applied regarding negligence and causation, which will commonly require representation from a Daytona Beach car accident attorney for maximum benefits.
Fault is Never Automatic
While there may be a common “presumption of negligence” associated with an accident involving a rear-end collision, that may not necessarily be the determination when the case is finally adjudicated. Many insurance companies are diligent in defending their clients and will regularly work toward increasing the comparative negligence percentage of the claimant driver when an injured party is approved for pursing damages beyond their PIP coverage. Cases involving serious injury regularly become court cases when insurance companies deny claims, even in rear-end collision instances.
Vehicular Control Rule
Florida highway law states that all drivers must keep a “safe stopping distance” behind the vehicle directly in front of them while in transit. Determining just exactly what a safe braking distance is can be difficult, especially when crashes happen in congested traffic at a high rate of speed.
Daytona Beach personal injury attorneys know that all drivers involved in any accident are evaluated for comparative negligence, even in rear-end collision cases, and the driving actions of other drivers matter. Those who are driving impaired could be easily be found at fault for a crash even when they are struck from the rear. In addition, road rage and excessive speed are also potential factors that can override being struck from the rear when it can be proven the drivers were acting intentionally as well.