Car accident attorney, Tim Nies, a former motor vehicle insurance defense attorney, of Stuart FL rear end car accident law firm Van Riper and Nies represents drivers and passengers injured in rear end car accidents in Martin County, Florida. Tim, a veteran of the U.S. Army Rangers, has been a personal injury trial lawyer since September 2001. This article answers the question of who is liable in a rear end car accident.
Rear End Car Accidents
When we are driving, we obviously have a certain amount of control over our own cars. On the other hand, the driving behaviors and actions of other drivers are entirely out of our hands. Take a rear-end crash, for instance. We can be a prudent and safe driver. We may obey all traffic laws and still end up involved in an automobile crash with another who has crashed into us from behind.
Rear End Car Accident Law in Martin County, Florida
Under Florida Law, there is a rebuttable presumption that the rear driver is at fault in a rear-end crash. Florida Law prohibits drivers from following vehicles too closely. This means that a victim of a rear-end collision does not have to prove negligence, as long as the victim proves that the driver rear-ended you. A rear driver may attempt to present evidence that the driver to the front did something wrong and that the driver to the front should be to blame for share some of the blame, which is known as comparative negligence. For example, the rear driver may allege that the driver to the front changed lanes right in front of the rear driver or that the brake lights of the driver to the front were not working.
What to Do After a Rear End Crash in Martin County, Florida
If you are rear-ended, here is a checklist on what you should do:
- Take photographs of the scene.
- Take photographs of your car from all angles and all area, the front, the rear, the sides, below the rear and of your tail lights. Take a video if you can of your tail lights working.
- Take photographs of the other vehicles involved in the car.
- Make sure to email all photographs to yourself, so they are not lost, if you have problems with your phone or the cloud.
- Write down the names and contact information of all witnesses.
- Go to a hospital or urgent care center right away if you at all feel injured. If not, that day, as soon as possible.
- Do not speak with the insurance company of the rear driver. You should report the injury to your own insurance company right away.
- Speak with an attorney for free.
For more information about rear-end collision law in Martin County, Florida, contact personal injury attorney Tim Nies of Stuart, FL Rear End Car Accident Law Firm Van Riper and Nies Attorneys, P.A. at 772-283-8712. Our law firm charges no fee unless we win.