Assumptions should not be made
Sarasota, Florida (October 10th, 2015): Rear end collisions are often written off as the fault of the motor vehicle operator that rear ended the other vehicle. This may be true in a lot of cases but is not always the story. There have been numerous incidents where the rear-ender and his or her well informed Sarasota FL accident lawyers have been able to establish that the accident was not solely due to the negligence of the rear-ender.
Most people think that they will not face any issues in recovering all damages when they are rear ended by another driver. However, the tables have started to turn and it is getting progressively harder for such plaintiffs to win their case and walk away with full damage compensation.
Florida accident attorneys (and some of the most knowledgeable and polished can be found right here at https://usattorneys.com/) know that a rear end collision accident or personal injury case can be turned on its head by proving that the car that got rear ended was at fault by stopping too suddenly, unexpectedly changing lanes, or by operating a vehicle that suffered from a mechanical failure.
Florida is a comparative fault law state when it comes to auto accidents
Further adding to the read-enders’ new found advantages is the fact that Florida is a pure comparative fault state in terms of accident legislation. Some states in the country are fault states, some are no fault states, and some (like Florida) are comparative fault states. What this essentially means in a rear end collision is that even the person that was the rear-ender may claim damages (and be awarded these damages) if they can prove that the accident was not completely 100% their own fault.
A comparative fault state is when all parties involved in an accident are liable for the resulting damages. The extent of their liability is directly proportional to the extent of their determined fault (or negligence) in causing the accident itself.
According to Sarasota, FL accident attorneys, the only exception to this rule is if one or more parties involved in the collision were impaired by the effects of either alcohol or drugs during the time of the accident. In such cases, the impaired driver will not be allowed to recover any damages whatsoever if it is determined that he or she was at fault for the accident by more than 50%.
There are several things that a rear-ender (driveroperator) may claim to establish that they were not solely responsible for the accident. If the driver that was rear ended was proven to have breached a certain duty, then the fault is shared and so are the damages.
Some of the most common ways by which drivers breach one or more duties of care are:
- Failing to focus on the road
- Failing to keep a reasonable lookout for obstructions or potential hazards
- Failing to operate within the prescribed speed limit
- Failure to maintain direction control of their vehicle
- Failure to yield right of way
- Failing to indicate their intention to execute a turn or any other maneuver with the use of appropriate light signals/indicators
If any of these issues are the reason someone rear ended another driver, an astute Sarasota FL accident lawyer will use this against the driver who was rear ended. Too upset to conduct a Google search to find a lawyer? Do not want to make ten phone calls to find the right legal help? Just press right here and your time will be incredibly saved.