What Should You Do After A Car Accident?

Drivers in rear-end accidents may get a break

Posted on November 28th, 2012 No Comments

A Florida Supreme Court ruling on a rear-end collision that occurred in 2005 may help drivers who rear-end other cars share the blame. While the ruling does not change any state laws, it opens up the possibility for lawyers and insurance companies to help their clients who could not avoid slamming into a car in front of them.

The case the court ruled on involved a three-car accident in West Palm Beach seven years ago. A female driver hit the car in front of her after it crested a hill, failed to reduce speed as the law requires, and hit a stopped car. The woman claims the driver responsible for the first rear-ending was on her cellphone and not paying attention. She then crested the hill, unaware of the first collision, and says she did not have time to avoid the accident. The driver then sued the distracted driver for her injuries.

In Florida, juries can make judgements based on how much they think each party is at fault, but historically the blame is put on the second driver.  In most cases, rear-ending drivers are found at fault based on the reasoning that they should have kept more distance, were negligent, or that they could have done more to avoid the accident.

If you have been injured in an accident and believe someone else is to blame, contact the personal injury attorneys at the Law Offices of Donald Guthrie by calling 904-296-1088.

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