Palm Beach Gardens Rear End Accident Lawyer
Statistically speaking, rear-end crashes are the most commonly reported type of auto accident in Florida. Although rear-end collisions are often written off as minor “fender benders,” people can and do sustain serious injuries in these accidents. If that was the case for you, the Palm Beach Gardens rear end accident lawyers at Steinberg Law can represent you in seeking appropriate compensation for your medical bills and other losses.
Negligence and Florida’s No-Fault Laws
In any car accident, a driver is negligent if they fail to exercise a duty of care required by law, such as obeying traffic regulations. Normally, the plaintiff filing a personal injury lawsuit must prove the defendant’s negligence through a preponderance of the evidence. With rear-end accidents, however, Florida law imposes a “rebuttable” presumption that the driver in the trailing vehicle was at-fault for the accident. This shifts the burden of proof to the trailing driver to demonstrate that they were not negligent.
The reason for this rebuttable presumption comes down to the fact that drivers must maintain a safe “following distance” between their car and the vehicle in front of them. Rear-end accidents almost always occur because the trailing driver maintains a following distance that is too short. As a result, they are unable to avoid a collision when the driver in front of them must lawfully stop or slow down.
Establishing the rear driver’s negligence, however, is just one part of bringing a personal injury claim for a rear-end accident. All Florida drivers must carry Personal Injury Protection (PIP), a type of no-fault car insurance that pays for up to 80 percent of their medical bills following any car accident, regardless of who caused the crash. In order to go beyond the no-fault system, a rear-end accident victim must also demonstrate they sustained a “serious” injury, which can include:
- broken bones;
- spinal cord damage;
- traumatic brain injuries;
- whiplash and neck injuries; or
If you suffer a serious injury in a rear-end accident, you can sue to recover the full amount of your losses from the negligent driver and their insurance company. This includes compensation for your economic and non-economic damages. Economic damages encompass your measurable financial losses, including 100 percent of your past, present, and future medical bills; your lost income and diminished future earning capacity; and any other out-of-pocket expenses you incurred as a result of the rear-end accident.
Non-economic damages cover anything that is impossible to precisely quantify, such as your ongoing pain and suffering. Keep in mind, Florida no-fault insurance does not cover non-economic damages. So your only option for seeking such compensation is through a personal injury claim.
Contact Steinberg Law Today
Following any rear-end car accident, you should seek immediate medical treatment. Even if you only need to seek PIP benefits under your no-fault policy, Florida law still requires you receive initial medical care within 14 days to preserve your rights. You should also speak with a qualified Palm Beach Gardens rear end accident lawyer who can review your case and advise you of your rights to seek compensation from the negligent driver. Contact Steinberg Law today to schedule a consultation.
