A good number of car accidents involve rear end collisions. This occurs when another driver runs into the back of your car. You may think that the case is straightforward because the car at the back is almost always at fault. But filing claims with insurance companies is never straightforward. A Florida rear end car accident collision injury lawyer may be able to help.
The insurance company can try to take advantage of you. They may give you a low-ball settlement, and you may accept this offer without knowing the value of your claim. A rear end car accident collision injury attorney serving the state of Florida can help you fight for compensation for your injuries. Dolman Law Group can guide and represent you in recovering damages.
How Rear End Collisions Happen
Drivers must keep some distance between themselves and the car in front of them, typically called a following distance. This ensures that they have enough time to slow down or come to a halt to keep from crashing into the back of another car. Failure to keep this safe distance is known as tailgating. It is reckless and can lead to accidents.
If the other driver is speeding, they may not have sufficient time to slow down suddenly if they need to. They may also be unable to come to a halt if the driver in front of them has to stop unexpectedly. This could lead to a severe rear-end car accident. Another cause of rear end car crashes is distracted driving. The National Highway Traffic Safety Administration finds that distracted driving caused 3,142 fatalities in 2019.
If a driver's mind or eyes are not focused on the road, they may not realize it when the car ahead of them comes to a halt. If you sustain injuries in a rear end car accident, you can recover damages. With the help of a lawyer, you can have an easier time filing for compensation than you would have alone.
The Impact of Comparative Negligence on Your Case
When another driver hits your car from the rear, it is normal to think they bear all the fault. The defendant could argue that they only bear part of the fault, and the rest falls on you. For example, they may hit you from the back but claim that you were driving while on your phone, meaning you were distracted.
In such a case, the law of comparative negligence could apply. Under comparative negligence, your compensation amount gets reduced by your percentage of fault. This law is present under Florida Statute section 768.81. But sharing fault does not bar you from filing for and receiving compensation.
So, if you were 30% at fault for the rear end collision, you will recover 70% of the damages. The defense may try to pin a greater percentage of fault on you to reduce how much they pay as compensation. A rear end car accident lawyer can put up a fight against such allegations to safeguard your claim.
When to Consult a Lawyer After Your Rear End Car Accident
Your rear end car accident can cause serious injuries to you and passengers that were on board. It can also cause significant property damage. The medical and repair costs may total to an amount that is more than the value of your policy. In such a case, you may choose to contact our Florida rear end car accident collision injury lawyers.
Dealing with the insurance firm may be more challenging than you anticipate. They might offer you a low amount in compensation to ensure they maintain their profits. A car accident attorney knows their way around insurance company procedures. The lawyer can advocate for your case to help you get fair compensation.
According to Florida's law, you have four years from the date of the accident to bring a lawsuit, though there are some exceptions. There is a possibility that you may need to take the case to court if you cannot settle with the insurer. Because of this, you may want to hire a lawyer and start the legal proceedings as soon as possible, leaving you enough time to go to court if needed.
Compensation You Can Recover in a Florida Rear End Car Crash
The compensation you receive for your rear end collision may cover the economic and non-economic losses you suffered due to your injuries. Economic losses are measurable. They include medical bills, lost income, cost of repair, and lost earning capacity. Safeguard all receipts that prove any of these losses.
Non-economic losses are tough to place a price tag on because of their intangible nature. They include pain and suffering, loss of support, and mental distress. Keep a record of the impacts the accident and resulting injuries had on the quality of your life. It will help in estimating the value of non-economic losses. Your lawyer can value these damages to provide you with an estimated compensation range.
Compensation If Your Family Member Died from a Rear End Car Accident
If a rear end accident was severe, it may lead to the death of the victim. Florida's wrongful death laws allow the relatives of the deceased to file a wrongful death case to recover damages. The spouse and children of the deceased receive top priority.
If they are not present, the privileges extend to other family members, such as parents. Some of the wrongful death damages include funeral and medical expenses. A lawyer can help you prove that the defendant's negligence led to your relative's wrongful death. In doing so, they will help you recover compensation.
Get Assistance for Your Rear End Accident from the Dolman Law Group
If you suffered injuries or property damage due to a rear end collision, you have the right to seek compensation. A rear end car accident collision injury lawyer in Florida can help alleviate some of the burden.
At Dolman Law Group, we can take care of the legal process on your behalf to help you recover damages. Reach out to our team today for a free consultation.