Did you experience injuries after being involved in a rear-end accident in Florida? If so, you may experience serious consequences, including extreme pain and the inability to return to work.
You can often recover compensation for your damages and injuries after a rear-end accident. To protect your rights and secure the full amount of compensation you are entitled to, it’s recommended that you work with a West Palm Beach car accident lawyer.
Learn more about Florida rear-end accidents and your rights here.
Understanding Florida’s No-Fault Accident Laws
Several states follow the no-fault accident law. This means that you will seek compensation from your auto insurance company first to cover the losses you sustain.
You don’t have to show who was responsible for the accident. This is the opposite of the at-fault laws in other states, where you must file a claim with the insurer of the responsible driver.
While this is true, there are a few exceptions to this rule, and they are based on how severe your injuries are. If you are seriously injured in a rear-end or a different type of accident, you have the right to pursue the other driver based on negligence.
Understanding Negligence in Florida Rear-End Accidents
If you want to recover compensation after a rear-end collision in Florida, you have to prove negligence was involved. To do this, the following must be present:
- The other driver owed you a duty of care when the accident occurred
- The duty they owed you was breached in some way
- Your accident resulted from the breach of duty of the other driver
- The accident resulted in injuries and losses
Based on the rear-end collision law in Florida, the driver in the rear position is usually negligent. While this is the case in most situations, there are exceptions to the rule.
Usually, acts that are considered negligent include speeding, driving while distracted, or following too closely.
The Impact of Comparative Fault on Your Car Injury Claim
While the driver in the rear is usually found to be at fault in a rear-end collision, you should note that some actions may impact your claim based on the comparative negligence law in Florida.
If it is found that you are partially at fault for the accident, then your compensation claim can be reduced by your percentage of fault.
Some of the situations where the comparative fault law may come into play include:
- Suddenly stopping on a busy road
- Not having brake lights or blinkers that work properly
- Driving significantly under the speed limit
Hire a West Palm Beach Car Accident Lawyer for Help with Your Claim
If you are rear-ended, you have rights. One right is to recover monetary damages for your losses and injuries. It is recommended that you hire the services of a West Palm Beach car accident lawyer to get the representation you deserve. The attorney you hire will provide you with legal services and knowledge that you may not have access to otherwise.