Daytona Beach, FL – A rear-end collision is one of the most common types of accidents in Florida. Sometimes, such a crash will result only in property damage, which is lucky. However, if the car behind is coming at high speed, people may be injured or even killed.
If you’re in this type of accident anywhere in the Daytona Beach area, your chances of recovering damages depend on establishing liability and it may not be as easy as you might think.
Why is establishing liability so important?
Florida is a no-fault state so technically you can recover damages under your own car insurance and Personal Injury Protection policy. This works just fine if you’re in a minor accident, like a few scratches to your car and a bump to your head. On the other hand, if you sustain severe injuries your insurance may not be enough to cover your financial losses, plus you won’t be able to get non-economic damages for your pain and suffering. In such a case, your only option is to file a claim with the other driver’s insurance or sue them. This is where the no-fault rule no longer applies. When you sue someone and ask for money you need to prove they were responsible for the crash.
Types of liability in a rear-end collision
There can be various types of collisions, involving two or more vehicles so you may need advice from an experienced Daytona Beach accident lawyer.
Rear-end collision involving two cars
The classic scenario – you’re minding your own business on the road and another vehicle rear-ends you. In this type of situation, it’s the driver of the car coming from behind that is liable for damages. On the other hand, if you hit the brakes suddenly without proper signaling, the other driver will certainly blame you for what happened. Also, if the car in front is rolling back and hits the car behind, it’s the driver in the front car who is at fault.
Rear-end collision involving more than two cars
If you’re ever in a pile-up, don’t hesitate to talk to a good accident lawyer. Establishing liabilities in a multiple-vehicle accident is a complex process and you’ll want to have good legal representation. In many cases, it is the driver in the last car that gets blamed for causing the cars in front to hit each other, but there’s no general rule about this sort of situation. The insurance companies involved will try to get out of their legal obligations by invoking the comparative negligence rule. Under the comparative negligence rule, your damages can be reduced by a percentage corresponding to your share of the blame.
Rear-end collision in a car park
Another common situation – a car is reversing out of a car park and collides with your car. It may look like a rear-end collision, but it’s not and it’s the driver in the car reversing that is liable for damages. However, if both cars were reversing at the same time, establishing liability is quite a headache. Your lawyers may need to call in accident reconstruction experts to understand what really happened.
If you were recently injured in a car accident in the Daytona Beach area, schedule a free consultation with an experienced lawyer at Pappas & Russell PA and let them help you with your claim.
Pappas & Russell PA
213 Silver Beach Avenue
Daytona Beach, Florida 32118
Phone: (386) 254-2941