As West Palm Beach personal injury lawyers, we recognize that cases involving rear-end collisions are not only some of the common, but sometimes the most serious. It’s important to understand why they happen, the typical injuries they cause, who is usually liable and what civil claims could be worth.
Our goal here is to ensure clients – and even potential clients – understand the basics so they’re better empowered to navigate the aftermath and seek appropriate compensation.
What Causes Rear-End Crashes
Rear-end collisions occur when the front of one vehicle strikes the back of another.
According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all crashes and result in a substantial number of injuries and fatalities every year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for most of these cases.
Common factors cited in rear-end crashes include:
- Distracted driving. The leading cause of rear-end crashes is driver distraction. This includes texting, talking on the phone, eating, or any activity that diverts attention from the road.
- Tailgating. Following too closely behind another vehicle reduces the reaction time needed to avoid a collision if the car in front stops suddenly.
- Speeding. Higher speeds decrease the amount of time a driver has to react to sudden stops or changes in traffic flow, increasing the likelihood of a rear-end collision.
- Weather conditions. Poor weather conditions like rain, fog, or ice can make it harder to stop quickly, leading to more frequent rear-end accidents.
- Sudden stops. Unexpected stops by the lead vehicle, whether due to traffic signals, pedestrians, or other obstacles, can result in a rear-end crash if the following driver is not paying close attention. (That doesn’t mean the rear driver isn’t responsible. They are expected to anticipate the possibility that the driver ahead of them will make sudden stops and maintain an assured, clear distance.)
- Mechanical failures. Brake failures or other mechanical issues can also cause rear-end collisions.
Injuries That Result From Rear-End Crashes
Injuries in rear-end crashes can range from minor to severe, depending on the speed of impact and other factors.
Common injuries may include:
- Whiplash.
- This is the most common injury, caused by the sudden jerking motion of the head and neck. Symptoms can include neck pain, stiffness, and headaches.
- Back Injuries.
- Rear-end collisions can cause herniated discs, fractures, and other spinal injuries.
- Head Injuries.
- Drivers and passengers may suffer concussions or traumatic brain injuries, especially if their head strikes the steering wheel or dashboard.
- Facial Injuries.
- Airbag deployment or contact with the steering wheel can cause cuts, bruises, or fractures to the face.
- Chest Injuries.
- Seatbelts can cause bruising or fractures to the chest area, and in severe cases, cause internal injuries.
- Soft Tissue Injuries.
- Sprains, strains, and other soft tissue injuries are also common.
Liability in Florida Rear-End Crashes
As West Palm Beach car accident attorneys can explain, Florida is a no-fault state for car accidents. In general, that means your own insurance will cover crash-related damages up to $10,000, regardless of who was at-fault. But if your damages exceed that due to severity of injuries, you can pursue a claim for damages against the at-fault driver.
In rear-end crashes, the presumption is that the driver in the rear is the one at fault. We call this a rebuttable presumption because with evidence, you can rebut it. But generally, the rear driver is responsible because the onus is on them to follow at a safe distance and be prepared to stop if the vehicle ahead of them stops.
Possible exceptions may include the following actions by the lead vehicle:
- Suddenly reversing.
- Stopping without warning in a travel lane.
- Malfunctioning brake lights.
Even in these situations, the lead driver may only be found partially liable, not fully.
Rear-end collisions can have serious repercussions, but understanding the causes, typical injuries, liability and possible compensation can help victims take the necessary steps to recover. As West Palm Beach personal injury lawyers, our role is to advocate for victims and ensure they receive fair compensation for their injuries and losses. If you’re involved in a rear-end collision in South Florida, we can help with legal advice to help you overcome the complexities of your claim and work to achieve a favorable outcome.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
Preventing Rear-End Crashes, Northland Insurance
More Blog Entries:
Side Impact Collision: How Palm Beach Car Accident Lawyers Determine Fault, June 25, 2024, West Palm Beach Injury Lawyer Blog