David B. Datny Helps Victims of Rear-End Accidents
The Datny Law Firm, a boutique personal injury law firm in Boca Raton, and Car Accident Attorney David B. Datny help victims of rear-end accidents throughout the State of Florida. A rear-end accident is when one vehicle strikes another from behind. While there are many different types of car accidents, the most common type of automobile accident is rear-end. According to the National Transportation Safety Board (“NTSB”), there are more than 1.7 million rear-end collisions across the United States each year. That’s an average of more than 4,600 crashes per day. These accidents account for nearly half of all car accidents, and more than 20% of commercial motor vehicle accidents.
Unfortunately, a large percentage of all rear-end accidents result in serious bodily injury. In fact, the NTSB reported between 2012 and 2014 over 500,000 people were injured in rear-end accidents annually and another 1,700 people were killed. These numbers have likely gone up over the last few years as they correlate to increases in accidents overall caused by distracted drivers.
Consistent with the national figures, here in Boca Raton and throughout the State of Florida, rear-end car accidents occur regularly, often with devastating results. If you or a loved one have been injured or killed in a rear-end car crash in the State of Florida, you need a personal injury attorney like Boca Raton Car Accident Attorney David B. Datny with extensive experience handling rear-end accidents. We help victims of rear-end car accidents get the medical attention they need and the money they deserve. The Datny Law Firm is available 24/7 at 561-221-7474 to provide you with a FREE case evaluation. If you are unable to travel, Car Accident Attorney David B. Datny will gladly come to you.
The Presumption of Negligence in Rear-End Crashes
In a rear-end collision, the rear driver is nearly always legally responsible. The rear driver has many factors within his or her control, such as safe traveling distance and adjusting speed to the leading car, and-under normal circumstances-the leading car is always visible to the rear driver. Thus, Florida law creates a presumption that a driver who rear ends another car is responsible for the accident.
However, the presumption is rebuttable. For example, the rear driver might not be held liable, or might be found only partially responsible, if:
- A mechanical failure the driver could not reasonably have anticipated caused the accident, or
- The front driver’s negligent act, such as making an abrupt stop in the middle of traffic, caused the accident
It’s important to note than not just any negligence on the part of the leading driver or another party will overcome the presumption. The following driver should be allowing sufficient space and paying sufficient attention to adapt for most foreseeable circumstances and avoid collision.
Overcoming the presumption also doesn’t necessarily mean the rear driver won’t be held responsible at all. Rather, the analysis shifts to “comparative fault,” which is the same standard applied in most other personal injury cases. Under comparative fault (also known as “comparative negligence”), the defendant in a personal injury case is liable for damages only to the extent that he or she is responsible for the accident.
For example, if the jury determines that the presumption has been overcome and the rear driver was only 60% responsible for the accident, while the lead driver was 40% responsible, the rear driver will be responsible for 60% of the damages.
In short, although every case is different, a driver who injured you by hitting your vehicle from behind will usually be responsible for your injuries and other damages. However, the rear-driver will likely try and claim otherwise or argue one of the limited exceptions mentioned above. That is why it is extremely important after a rear-end car accident you immediately call or text Boca Raton Personal Injury Attorney David B. Datny at 561-221-7474.
Common Causes of Rear-End Car Accidents
Most rear-end car crashes are avoidable had the rear-most driver exercised reasonable care in the operation of his or her motor vehicle. Some common causes of rear-end accidents include:
- Aggressive driving (e.g., tailgating)
- Distracted driving
- Drunk driving
- Ignoring traffic signs (e.g., School Zone, Construction Ahead, Reduce Speed)
- Not paying attention or keeping a proper lookout
- Failing to safe distance between vehicles
- Hazardous weather conditions which may prevent safe stopping
- Defective Vehicle (e.g., inadequately maintained or repaired vehicle that is unable to safely stop)
While increases in technology such as collision warning systems and autonomous emergency braking could prevent many of these accidents, and likely will in the future. Today, however, most vehicles aren’t equipped with this technology and drivers must remain alert, allow adequate space between vehicles, and adjust as necessary to maintain a buffer zone. Under most circumstances, failing to do so is negligence, and the responsible driver is liable for any bodily injury or property damage that results.
Damages in Rear-End Car Accident Cases
Some common types of damage awards in rear-end accident cases include:
- Reimbursement for medical expenses incurred
- Compensation for projected ongoing medical care, therapy and other treatment
- Compensation for wages lost due to the injury
- Compensation for projected future loss of income
- Property damage, such as the cost of repairs to your vehicle
- Intangible damages, such as pain and suffering
Talk to an Experienced Florida Car Accident Lawyer
Although the rebuttable presumption in a rear-end collision case benefits the injury victim, it also presents legal complexities that not every attorney has the knowledge to successfully navigate. When a case involves aspects outside the ordinary, whether in the specifics of the accident itself, in the law, or in the type of evidence required to prove your claim, experience counts.
Rear-End Car Accident Attorney David B. Datny at The Datny Law Firm in Boca Raton, Florida has spent the past decade handling personal injury claims on both sides of the courtroom. Today, he puts his extensive knowledge of personal injury law and the inner workings of insurance companies and their attorneys to work for people who have been hurt in car accidents and other negligence-based accidents.
Take the first step toward getting a seasoned advocate in your corner right now. Just call or text Personal Injury Lawyer David B. Datny at 561-221-7474 to schedule your FREE consultation. You may also click in the lower right-hand corner of the page to chat with one of our representatives who are standing by to assist you. If you are unable to travel, please note Boca Raton Injury Attorney David B. Datny will gladly talk with you over the phone, video conference of come to you.