Vehicles can collide in many different ways that cause serious harm to drivers and passengers. One common type of collision is a rear-end car accident, which happens when the front of one vehicle crashes into the back of another vehicle. If you have been injured in this type of accident, you should consult the dedicated Miami rear-end collisions at the Law Offices of Robert Dixon about the options available to you. We provide our clients with the aggressive advocacy that they need to get the compensation that they deserve.
Florida Rear-End Collisions
Many factors can cause a driver to strike the back of another vehicle, such as tailgating, speeding, texting while driving, drunk driving, or changing lanes without paying proper attention. Although relatively few people die in rear-end accidents, according to the National Highway Traffic Safety Administration, these crashes often result in debilitating injuries that can change a victim’s life forever. Examples of these injuries include herniated discs, severe neck and back injuries, and disfiguring injuries that happen when the impact thrusts a person into the dashboard, steering wheel, or windshield. Victims may struggle to regain their normal routines and quality of life after experiencing a rear-end collision, and the medical bills from necessary operations, hospital treatment, and physical therapy can mount quickly.
Holding Careless Drivers Liable for Rear-End Crash Injuries
As with other types of car accidents, victims of rear-end collisions can pursue a personal injury action against another driver whose negligence caused the crash. The victim must prove that the driver owed the victim a duty of reasonable care, which is usually straightforward in accidents on Florida roads. Every person operating a vehicle in this state has the obligation to obey traffic laws and drive without endangering the safety of anyone whom they may encounter.
After that step, an accident victim must identify an action by the driver that breached the duty of care. For example, a negligent driver might have used a cell phone while driving or failed to reduce speed during a severe thunderstorm. Since a reasonably careful driver would not have done those things, a driver who does engage in this dangerous behavior has likely breached the duty of reasonable care.
The last step consists of showing that the driver’s breach resulted in the victim’s injuries. Sometimes a driver will argue that the victim was harmed by his or her own carelessness. Florida uses a system of comparative negligence, however, which means that a victim who is partly responsible for his or her own injuries still can recover a reduced amount from another driver who also was partly responsible. A court will decide on the proportion of fault that each person bears for causing the injuries, and the victim will get a corresponding percentage of the compensation that they seek.
Sometimes a commercial driver’s carelessness will cause an accident. When this happens, a victim can sue not only the driver but the driver’s employer. The negligence of the driver will be attributed to his or her employer if the driver was acting within the scope and course of his or her employment when the accident happened. This can be a useful tool when an individual driver lacks the resources to compensate a victim for injuries.
