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Rear End Collisions – Orlando Attorney

Rear end accidents occur when the front-end of one car collides with the back end of another car. This usually happens when the car in front suddenly slows down or slams on brakes, and the following car does not have sufficient time to reduce speed or room to avoid crashing into it. Rear end collisions can also set off a chain reaction of traffic collisions.

For many years the status quo regarding rear end vehicle collisions in Florida has been that the second, or rear, driver was presumed to be responsible for the accident. Florida Statute 316.0895 presumes that the driver in the second car was following too closely and therefor at fault.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Second Driver Not Always at Fault

Recent rulings by the Florida Supreme Court have shown the court to consider specific exceptions to this rule, and may allow the rear driver to rebut this presumption. When the rear driver has sustained injury and damages, the driver may be able to provide evidence to a jury to establish fault, or negligence on the part of the lead driver.

Cases in which the “following too closely” presumption can be rebutted include

  • The lead car suddenly and unexpectedly stopped
  • The lead car was illegally stopped in the road
  • Mechanical failure in the rear vehicle

An attorney experienced in handling car and truck accidents will know that Florida’s rule of comparative fault in such cases may present an opportunity for the rear driver, as a plaintiff, to beat this presumption.

By producing evidence from which a jury can conclude that the lead driver contributed to causing the collision, the rear driver may be able to obtain compensation for losses due to injury.

  • Did the front driver cut in front of the rear driver, or suddenly stop, causing the rear end crash? If so, an attorney can present this evidence at trial on behalf of the rear driver, to argue the presumption that rear driver is solely to blame.
  • Similarly, if the front driver cut in front of the rear driver and the rear driver was texting, or speeding, or in some other way contributing to the accident, the two drivers may both be found at fault to some degree.

In other words, if you rear-ended someone because the other party was negligent, you may be able to collect partial or full damages. A jury will determine the percentage of each driver’s fault in the accident. If you are found to be totally without fault and the lead driver was entirely liable, you may be able to collect 100 percent of the damages.

Even if a jury finds you to be 90 percent responsible and the other driver 10 percent at fault, you may still be able to collect 10 percent of the losses.

Recovering Damages in Rear End Auto Accidents

Because some rear-end collisions cause more damage to the vehicles involved than to the occupants of vehicle, many people mistakenly believe that the their biggest worry is making sure everyone involved has insurance to cover the accident.

However, rear end crashes are often not just fender benders or simple cases of whiplash. Resulting injuries can seriously disable or kill the occupants of either car. High speed rear end crashes can include spinal cord injury, nerve damage, fractures, traumatic brain injury, herniated disc and amputations.

Even low-speed collisions can cause severe damage. Accidents where the rear car is going less than 20 mph at the time of the crash can result in soft tissue damage, fractures, and neck and cervical injuries because the impact forces the driver’s and passengers’ bodies forward while their heads stay relatively stationary.

Rear End Collisions Demand the Advice of Skilled Orlando Accident Attorneys

Determining fault in rear end accidents involves complex legal issues of liability. The conventional statute in Florida of presuming the rear driver is negligent will stand in many cases – the following driver should anticipate that the lead car may stop; they should know how to drive within the capabilities of the vehicle; they should leave sufficient distance between themselves and the car in front of them.

The Orlando attorneys at Kramer law are particularly experienced in handling motor vehicle accident cases. Our familiarity with these types of cases will help you determine the extent of liability owed by all parties.

We represent injured clients in all manner of vehicle accidents, including rear end accidents, head on collisions, side impact collisions, SUV rollovers and victims of 18 wheeler accidents.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

The Value of Experienced Attorney Representation

If you were involved in a rear end collision, a good auto accident lawyer will look at the facts of your case and help you determine if you may be eligible for compensation. Whether in negotiations with the insurance company or in civil litigation for personal injury in front of a jury seeking a verdict and monetary judgment, we can help.

Do have questions about who is liable? Contact the TK Law Firm today to schedule a free consultation. We pursue justice for those who have been injured by the negligent actions of other drivers.

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All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

Car Accident Law Information


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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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