How Florida Determines Liability in Rear-End Accidents

When rear-end accidents occur presumptions about fault are common. After all, the driver who crashed into the rear of another vehicle is always at fault for the accident. Would it surprise you to learn this isn’t always the case? Determining liability in rear-end accidents isn’t always cut-and-dry. 

In other words, sometimes the driver liable for a rear-end collision isn’t always the individual who hits the lead vehicle. So, how does Florida determine liability in these types of car crashes? We’re looking at this and how recent changes to the Sunshine State’s tort laws can impact a rear-end accident claim.

Florida looks at rear-end collisions pretty much the same as other states. This is one of those relatively vague laws that stays the same whether the rear-end collision occurs in Florida, Texas, or California. If you’re wondering where the legal guidelines come from, states tend to look to the insurance industry.

Generally, if a rear driver crashes into the back end of a lead vehicle it’s presumed the individual failed to maintain a safe distance. Since the rear driver is following the lead vehicle too closely, the person who hits the car’s back end is liable for the accident.

Potential Exemptions to Rear-End Collision Rules

Sometimes, the rear driver isn’t responsible for the accident. The lead driver can also be liable for a rear-end car accident. Some examples of when the lead driver may be partially or fully liable include:

• Reverses suddenly

• Sudden stopping without a valid reason. For example, a valid reason is stopping to avoid hitting an obstacle in the road.

• Their brake lights aren’t functioning properly.

If any of these exceptions apply in your rear-end accident claim, you’re probably not fully liable for the collision. Since Florida follows modified comparative negligence rules, you can usually recover some of your damages.

Every legislative session brings some changes to various state laws. In 2023, Florida introduced HB 837 which affects most types of vehicle accident claims including rear-end collisions. The key changes all drivers should be aware of include:

• The statute of limitations is now two years instead of four. The statute of limitations refers to the amount of time you have to file an insurance claim after a rear-end collision. If you miss the two-year filing deadline there’s a good chance you can’t recover compensation for any damages.

• Florida now follows modified comparative negligence rules. This allows more than one driver to be responsible for an accident. As long as you’re not more than 50% liable for the accident, you should be able to recover compensation. However, your compensation amount is reduced by your percentage of blame.

How your medical damages are calculated in rear-end collision lawsuits has also changed. You can only submit the actual amount you paid or owe in medical damages to the court. 

This can have an impact on damage amounts paid out, especially for those who may need long-term or lifetime medical care. Since these costs are typically estimated, some accident victims may receive less compared to claims settled in 2022.

While every rear-end accident is different. Some are only minor fender benders while others can result in catastrophic injuries and property damage. This means the type of recoverable damages can differ so don’t expect your accident claim to be the same as someone else. 

However, some types of damages are common regardless of the accident’s severity, including the following:

• Medical Expenses: This covers all medical treatments related to the accident, including future medical care for common injuries caused by rear-end collisions, such as whiplash and spinal cord injuries.

• Lost Wages: If you miss work because of an accident, you can get money for the wages you lost.

• Property Damage: This is for repairs or replacement of your vehicle and any other damaged property.

Your accident may also entitle you to recover non-economic damages like pain, suffering, and mental anguish. 

Since these damages don’t come with a handy price tag, you’ll need to use either the multiplier or per diem method to figure out their value. Both methods are accepted by insurance companies, and your personal injury attorney can help you with the calculations. 

A good tip is to use both formulas, you’re probably going to come up with two different values. Submit the claim with the higher value, if the insurance company doesn’t accept your first offer you’re ready with a second one. Sometimes, this can help speed up negotiations so you can receive your insurance check a little faster.

Some rear-end accident cases are eligible for punitive damage awards. This isn’t something you can list on your claim. Punitive damages are only awarded by a judge or jury when gross negligence is present. 

An example of gross negligence can be if the lead driver suddenly slams on their brakes for no reason, resulting in a multi-car pileup.

A large part of your accident claim is proving liability. If you’re the rear driver, this isn’t always easy. Remember, as the rear driver the presumption of fault is on you. This means you need to show you’re either partially or not responsible for causing the collision.

Gathering Evidence

To help prove that modified comparative negligence applies in your claim, you’re going to need to provide plenty of evidence. Your personal injury attorney can gather your medical records, obtain copies of your official accident report, and subpoena video footage from any business, residential, and traffic cameras. 

Your attorney can also interview witnesses, and even call in an accident scene reconstruction specialist. These are only a few examples of how an attorney can help you support your accident claim.

Provide Legal Representation

From the start of the claim process to hopefully settling with the insurance provider, your personal injury attorney can help you every step of the way. This includes navigating the updates to Florida’s personal injury rules so you have a better chance of recovering fair compensation.