Delray Beach Rear End Accident Lawyer
If you are ever involved in a car accident, chances are it is a rear-end crash. Especially in a dense urban environment like Palm Beach County, getting rear-ended by another car may seem like an inevitability. But rear-end accidents can lead to serious injuries and drivers who cause such accidents can–and should–be held legally accountable for their negligence.
The Delray Beach rear end accident lawyers at Steinberg Law can represent you in seeking compensation for injuries arising from these preventable crashes. Even under Florida’s “no fault” insurance system, you may still have serious injuries that exceed your own policy’s benefits. In these situations, our team can represent you in taking direct legal action against the negligent driver who rear-ended you and obtain full compensation for your injuries.
Is the Rear Driver Always At Fault?
You may have read or heard that in any rear-end accident, the rear or trailing driver is always legally at-fault. That is not exactly true. While the trailing driver is found liable in the vast majority of rear-end accident cases resulting in injury, Florida law only imposes a “rebuttable presumption” that the trailing driver is at-fault. This shifts the burden of proof to the trailing driver to prove they were not negligent.
The reason for this presumption of rear-driver fault is that in most cases, a rear-end accident is the result of the trailing driver failing to maintain a safe distance between their vehicle and the one in front of them. We all know what it is like to be tailgated in South Florida traffic. The rear driver often leaves themselves little or no time to react when the car in front of them comes to a stop. Thus there is a rear-end accident.
But Florida is a “comparative fault” state when it comes to personal injury claims arising from auto accidents. So the trailing driver can try to shift some–or all–of the blame onto the lead driver. For example, the rear driver may argue the lead driver slammed their brakes unnecessarily or attempted to reverse their vehicle without warning, leaving the rear driver no time to get out of the way. Even if a judge or jury determines both sides share blame for a rear-end accident, however, the plaintiff can still recover some compensation so long as they were not more at-fault than the defendant.
Also keep in mind that regardless who was at-fault for a rear-end accident, a driver’s auto insurance policy includes Personal Injury Protection (PIP) coverage, which provides no-fault benefits for:
- 80 percent of an insured person’s medical expenses up to the policy limit (usually $10,000);
- 60 percent of lost income; and
- $5,000 in death benefits if the insured is killed.
Contact Steinberg Law Today
Many people write-off a rear-end accident as a “fender bender” and do not take the time to call 911 or seek medical treatment. That is a mistake. You should always take care to document the accident and get checked out as many injuries, such as whiplash or a traumatic brain injury, do not always present immediate symptoms.
You should also take the time to speak with an experienced Delray Beach rear end accident lawyer who can advise you of your rights under the law. Contact Steinberg Law today to schedule a consultation.
