Rear Driver in a Rear End Traffic Accident is presumed to be the Sole Cause of the Crash
One common accident that we see over and over in personal injury and wrongful death cases is the reas end accident. As it sounds, this kind of traffic crash occurs when the lead vehicle stops or slows for any number of reasons and the rear vehicle fails to stop and crashes into the back of the lead vehicle.
In personal injury and wrongful death lawsuits in Florida, the law says that in such an accident, there is a legal presumption that the rear vehuicle was the exclusive cause of the accident. In other words, the law assumes that the rear vehicle completely caused the accident as opposed to anyone else, including the driver of the lead vehicle who was hit. The reason for this presumption is that the rear driver is obviously in a better position to avoid an accident with a vehicle in front of it. Alternatively, when a driver slows or stops his/her vehicle and is looking forward, he/she may not know and have no way to avoid a vehicle behind him/her who does not stop in time.
Sometimes, in a personal injury or wrongful death lawsuit, the insurance company lawyer for the driver of the rear vehicle will argue that the lead vehicle stopped suddenly and without apparent reason and should share some or all of the blame for the accident. The presumption of negligence by the rear vehicle is a rebuttable presumption. This means that the rear vehicle driver can overcome the presumption of negligence by establishing that the lead driver, or some other driver, was negligent in causing the crash. The insurance company for the rear vehicle usually attempts this by arguing that the lead vehicle stopped quickly without any legitimate reason. However, this is a difficult argument that often fails. It is the obligation of each driver to leave enough distance between his/her vehicle and the one in front of it to safely stop if that driver stops quickly. Additionally, all drivers need to account for the fact that emergencies arise, whatever they may be, that may cause the driver ahead to stop quickly. If that driver can stop for a hazard in front of him/her, other drivers should be able to stop as well.
In rear end accidents that cause injuries or death, the rear driver is likely going to be negligent for causing the accident and the damages according to Florida law. That driver may have excuses for why he/she was not completely at fault, but those excuses are often ineffective.
