Do You Need a Lawyer With Morgan & Morgan After Being Rear-Ended in Orlando?

Rear-end collisions are among the most common types of car accidents in Orlando. They can happen at stoplights, in heavy traffic, or anywhere a driver behind you is distracted, following too closely, or unable to stop in time.

Although rear-end accidents may seem straightforward, they can still cause serious neck and back injuries, vehicle damage, and disputes with insurance companies. If you were rear-ended in an Orlando car accident, a Morgan & Morgan attorney can review what happened, explain your legal options, and help you determine whether you may benefit from representation.

Who Is Presumed at Fault in a Rear-End Collision?

Florida recognizes a “rear-end presumption” in rear-end collisions. This means the driver of the trailing vehicle is generally presumed to have been negligent in causing the crash. However, that presumption does not automatically decide the entire case.

The trailing driver may rebut the presumption by presenting evidence showing that the lead driver was also negligent or that other circumstances contributed to the collision. If sufficient evidence is presented, responsibility may be evaluated under Florida’s comparative negligence rules.

Whether you were driving the front or rear vehicle, fault in a rear-end collision may be more complicated than it initially appears. If liability is disputed or an insurance company is attempting to place some or all of the blame on you, an attorney can review the evidence and help you understand how the rear-end presumption may affect your claim.

Determining Fault in a Rear-End Accident

Rear-end collisions are not always as simple as they first appear. If the lead vehicle is stopped at a traffic light and is struck from behind, the trailing driver will generally be presumed negligent. However, other circumstances may affect how fault is ultimately determined.

Examples can include:

• Mechanical failure. Evidence of a sudden mechanical failure, such as an unexpected brake failure, may rebut the presumption against the trailing driver. Whether it does will depend on the circumstances, including whether the driver knew or reasonably should have known about the problem beforehand.
• A sudden or improper stop by the lead driver. A sudden stop does not automatically shift fault to the lead driver. However, an unexpected stop, lane change, or improper stop at a time or place where the trailing driver could not reasonably anticipate it may affect the analysis.
• A sudden medical emergency. If a driver unexpectedly loses consciousness or suffers another medical emergency that leaves them unable to control the vehicle, that may affect whether they can be held negligent. The specific facts surrounding the emergency will matter.
• Third-party involvement. If another vehicle pushes the trailing driver into the car ahead or otherwise contributes to the collision, responsibility may be shared among multiple drivers.

Determining responsibility in a rear-end collision may require looking beyond which vehicle struck the other from behind. Photos, witness statements, vehicle damage, electronic data, medical evidence, and other information may all help explain how the crash occurred.

If an insurance company disputes fault or attempts to place some or all of the responsibility on you, an attorney can review the evidence and help you understand how Florida’s rear-end presumption may affect your claim.

No-Fault Insurance and PIP Coverage

Florida is a “no-fault” state for car insurance. This generally means that after an accident, you first look to your own Personal Injury Protection (PIP) coverage for certain benefits, regardless of who caused the crash.

PIP generally pays 80% of reasonable and medically necessary covered medical expenses and 60% of covered lost income, subject to applicable limits, deductibles, and policy terms. Florida PIP provides up to $10,000 in medical and disability benefits, although medical benefits may be limited in certain circumstances.

PIP does not compensate you for noneconomic damages such as pain and suffering, and it does not pay to repair your vehicle. Florida law also generally requires you to receive initial medical care within 14 days of the accident to qualify for PIP medical benefits.

Because PIP benefits are available without regard to fault, they can apply whether you were driving the lead vehicle or the trailing vehicle in a rear-end collision. However, determining fault can still matter if you pursue additional compensation beyond PIP.

When You May Pursue Additional Damages

Because Florida has a no-fault insurance system, your PIP coverage generally provides certain benefits after a car accident regardless of who caused the crash. However, you may be able to pursue additional compensation from the at-fault driver depending on your injuries and other circumstances.

Florida law allows recovery for pain, suffering, mental anguish, and similar noneconomic damages when an injury involves a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.

Rear-end collisions can cause injuries such as:

• Neck and back injuries, including whiplash
• Concussions and other head injuries
• Fractures and other orthopedic injuries
• More serious spinal or neurological injuries in severe crashes

Some accident-related symptoms may not be obvious immediately after the collision. Whiplash symptoms, for example, can develop over the following hours or days, while some concussion symptoms may also appear later. For that reason, pay attention to new or worsening symptoms and seek appropriate medical care after a crash.

If your injuries are serious or you are unsure whether you may have a claim beyond PIP benefits, an attorney can review your medical records, the circumstances of the accident, and the available insurance coverage to help you understand your options.

When to Contact an Orlando Car Accident Attorney

Whether you were driving the lead vehicle or the trailing vehicle, gather as much information as you safely can after the accident. Photos, witness information, vehicle damage, and other evidence may become important if fault is later disputed.

If an insurance company is blaming you for the collision, disputing liability, or offering a settlement that does not appear to account for your injuries and losses, Morgan & Morgan can review the circumstances and help you understand how Florida’s rear-end presumption may affect your claim.

At Morgan & Morgan, The Fee Is Free®; you only pay if we win. Contact us today for a free case evaluation.