New Port Richey Rear-End Accident Lawyer
If you were in a rear-end accident, it's in your best interests to hire a rear-end accident lawyer in New Port Richey as soon as possible.
If you were the front driver, you might be thinking that it's an easy win for you. Not so fast. You or your rear-end-collision lawyers still need to prove that the rear driver was negligent. And vice versa, if you were the rear driver, you are not automatically at fault for the accident, regardless of what you've heard.
However, you are definitely going to need a rear-end-collision attorney in New Port Richey to help you prove the other driver's level of responsibility for the damages.
Here are some things you should know about rear-end accidents in Florida.
Common Injuries in Rear-End Collisions
The impact of rear-end collisions will throw drivers and passengers forward. If you're wearing a seatbelt, you'll likely be jerked back again as well. If not, you might find yourself hitting the dashboard or the windshield. In some cases, people can even go through the glass. However, many injuries in rear-end accidents can be a lot sneakier than in other types of collisions.
The most common rear-end injuries generally involve the spine or head, such as:
- Skull injuries,
- Traumatic brain injuries,
- Herniated discs,
- Broken bones, and
After a rear-end accident, you might not feel pain or know you're hurt right away. However, you should always get checked out by a doctor. A concussion or whiplash may not reveal itself right away but can lead to issues down the road. If you end up having a lot of medical expenses or other bills later, you will have a greater chance at fair compensation if you get medical attention as soon as possible after your accident. Your medical records will be an essential component of your lawsuit.
Florida Presumption of Negligence and Liability in Rear-End Collisions
In Florida, there is a rebuttable presumption of negligence in rear-end collisions. What this means is that the law presumes the rear driver was to blame. The plaintiff does not have as high of a standard to meet to show that the rear driver's negligence caused their injuries. They must show that the rear driver had a duty of care (which every driver has in exchange for driving privileges). They must also show that they breached that duty and caused the front driver's injuries as a result.
However, it is a "rebuttable" presumption, so defendants can present evidence that suggests they were not at fault. An example of a reasonable explanation for rear-ending a driver in front of you could be that the rear driver's brakes failed or some other part of the car broke. Another good reason is that the front driver stopped abruptly, unexpectedly, or illegally.
Rear-end accidents are not cut-and-dry. That's the important takeaway. If you were the front driver, you have an easier time making your case, but you must still prove the other driver's negligence. If you were the rear driver, you are not automatically at fault but must show that you acted with reasonable care. This is why it is so important to speak to a rear-end-accident attorney in New Port Richey.
Comparative Negligence in Florida
Florida is a comparative negligence state, meaning that you can recover damages even if you were partially to blame for an accident. In this scheme, each of the parties is assigned a percentage of fault based on the circumstances. The court then reduces their award by their percentage of fault. So a party who was 20% at fault with $100,000 in damages receives $80,000, or 80%. Your rear-end-collision attorney will help you build a strong case to maximize your claim and minimize your liability.
Florida Is a No-Fault State
Florida's no-fault law requires every driver to have at least $10,000 of personal injury protection (PIP) insurance. This means that every driver in an accident must go through their PIP policy first no matter who was responsible. If your PIP policy does not cover all your damages, your rear-end-accident attorneys will help you figure out how you're going to cover the rest and who is liable for your compensation.
Don't Wait to Call a Rear-End Accident Lawyer in New Port Richey
Wendy Doyle-Palumbo, Esq., is a personal injury and family attorney serving New Port Richey and other parts of Florida. Our firm handles our clients' legal matters with personalized and compassionate care. Wendy Doyle Palumbo is an experienced and knowledgeable rear-end-accident attorney in New Port Richey who is ready to fight for your fair compensation. Contact us today to discuss your case.