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In the event of a rear-end car accident in Clearwater, individuals who are injured may be able to seek compensation from the at-fault driver. These motor vehicle accidents can occur due to numerous causes, which could make either the rear or in some cases, the front driver responsible for covering related damages.
An experienced attorney from Herman & Wells could explain the main causes of rear-end accidents, review the circumstances of your crash, identify who may be liable, and help you determine whether you have a viable claim.
Rear-end collisions are among the most common types of car accidents in Clearwater, and they often result from negligent or careless driving behaviors. Understanding the specific reasons these crashes occur can also shed light on who may be held liable in your case:
One of the most frequent causes of a rear-end accident is a rear driver following too closely, also known as tailgating. If a driver gets too close to your vehicle’s rear, they may not give themselves enough time to come to a complete stop if you need to slow, stop, or make a turn, putting them in violation of Florida Statutes § 316.0895.
A rear driver speeding will also significantly increase the risk of an accident, as the driver might wind up tailgating a vehicle in front to pressure them into accelerating, while also reducing the ability to come to a complete stop in time.
In some instances, drivers may not pay attention to their surroundings, including those of other vehicles. For example, a driver in Clearwater could experience a visual distraction in the form of a billboard while driving down the highway or physically engage with their dashboard, taking their attention away from the road just long enough to lead to a rear-end collision.
Driving under the influence of drugs or alcohol can greatly reduce reaction time and judgment, increasing the overall risk of an accident. In the process, a driver might maintain an insufficient distance from other vehicles or neglect to warn other drivers of intentions to stop, slow, or turn.
In Clearwater and across Florida, most rear-end accidents involve presumption of fault, meaning that, unless evidence shows otherwise, the law will presume that the rear driver was at fault by failing to maintain a safe distance between them and the vehicle in front.
However, there are some cases when a front driver might be responsible for a rear-end collision, such as when the front driver swerves and slams on brakes where that maneuver would not be expected.
Keep in mind that Florida law now uses a modified comparative negligence model in rear-end and other types of accidents. Subsequently, you will only be able to recover compensation after an accident if you share less than 50 percent of the liability for causing the collision. Through an injury claim, you may be able to recover multiple types of damages, including medical expenses, lost income, and pain and suffering resulting from injuries.
After a rear-end car accident in Clearwater, it is essential to take immediate action to build a case against the liable party. If you sustain injuries in a rear-end wreck and believe that the rear driver or another party is responsible, reach out to a lawyer at Herman & Wells to discuss your legal options and build a strong claim.
Taking the right steps now will increase your chances of recovering comprehensive compensation from the parties that caused you harm. Contact us today to get started on your case.
