Rear-End Collisions

“I got rear-ended in a car accident in Tampa. What now?”

The National Highway Traffic Safety Administration (NHTSA) estimates that 23%-30% of all car accidents are rear-end collisions. About 1.7 million rear-end collisions happen on U.S. roadways each year, resulting in 17,000 motor vehicle deaths and 500,000 injured motorists.

“Fender benders” happen on a daily basis as commuters head home after a long day of work or get stuck in bumper-to-bumper traffic on the highway. In most cases, no serious injuries are sustained and the damage to either vehicle is minimal. If the at fault driver (typically the tailing vehicle) has sufficient auto insurance coverage, their insurer will pay for the economic damage to property and medical expenses if necessary.

However, some rear-end accident cases are much more serious, involving catastrophic injury, significant damage to property, uninsured/underinsured motorists or disputes with insurance companies. In these situations, it pays to hire a skilled car accident attorney to fight for fair compensation on your behalf. Tampa car accident lawyers at Lorenzo & Lorenzo specialize in obtaining the best possible outcome for individuals who were financially or physically injured in a Florida rear-end collision.

Is fault automatic in a rear-end accident?

As a general rule, the driver who rear-ended another vehicle is usually held at fault for the rear-end accident. This is because a driver should never follow another vehicle so closely that they’re unable to stop in time if the driver in front of them abruptly stops. 

However, this is not always the case. In some cases, the leading driver who was rear-ended may be held fully or partially liable for the accident. Ultimately, it boils down to the concept of “negligence.”

To establish fault in a Florida car accident case, the plaintiff has to prove that the other driver was negligent in fulfilling their duty to exercise reasonable care when operating a motor vehicle, and this negligence resulted in their injury or damages. 

One of these duties is to leave enough distance between you and the car in front of you to prevent a collision. This is why drivers who rear-end a leading vehicle are usually considered at least partially responsible for the accident.

When might the rear driver not be at fault in a rear-end accident?

In some rear-impact cases, the leading driver may hold some share of the responsibility for the accident. Examples of when the leading driver may be held partly responsible for a rear-end collision include:

• The driver reverses suddenly.
• The driver stops without warning.
• The driver was distracted or driving recklessly at the time of the accident (e.g., texting, drunk driving or speeding). 
• The driver’s brake lights don’t work.
• The driver fails to engage their car’s hazard lights when they break down on the road.

Some of these claims can be investigated through street cameras or the testimonies of witnesses.

Defective auto parts can also play a role in rear-end collisions. For instance, if it’s found that a vehicle’s braking system failed during an attempted stop, resulting in an accident, the manufacturer may be held liable. This could also be true if a defective part causes a vehicle to come to a sudden, unintended stop.

Additionally, multi-car collisions can be an exception for liability, especially if one car pushes a second so that it rear-ends a third vehicle. In such a case, the first vehicle might be held liable for damage to all vehicles since what happened was out of the second driver’s control.

Common rear-end accident injuries

Rear-end accidents, even in low speed fender bender collisions, can cause surprisingly serious injuries for those involved. The severity of injuries experienced in a rear-end collision depends on many factors, including the rate of speed both vehicles were going at the time of impact, the vehicles’ “crumple zones,” and if the accident involved a commercial truck, motorcycle or bicycle.

Injuries from a rear-end collision often include:

• Back & neck injuries – Compression of the spinal cord and vertebral disks, known as “herniation,” can occur upon impact, even for rear-end collisions at low speeds. The pain and soreness resulting from such an injury can be unbearable.
• Head & brain injuries – Low speed rear-end collisions are particularly known to cause injuries to the face, head and even traumatic brain injury (TBI) since airbags typically don’t deploy for accidents that occur at speeds less than 20 miles per hour. If airbags don’t deploy, the force of the impact could be strong enough to send a driver’s or passenger’s head into the dash, resulting in bruises, breaks, cuts or concussions.
• Whiplash – The term “whiplash” describes when the neck, shoulders and spine violently lurch forward during an accident, causing the neck to hyperextend or “whip” past its normal range of motion. An estimated 20% of motorists involved in a rear-end collision suffer a whiplash injury. Half of these injured drivers suffer from whiplash pain and soreness for over a year.
• Wrist, hand & arm injuries – An unexpected rear-end collision can cause your wrists, hands, fingers and arms to hit the steering wheel or another part of your car that results in serious bruises, fractures or breaks. If the airbag deploys, your appendages can also get pinned down on the dashboard or steering wheel.
• Seatbelt injuries – While wearing a seatbelt is necessary for preventing further injury by keeping your torso and head from hitting the steering wheel and dashboard in the event of a rear-end collision, it can cause lacerations and bruising depending on the force of the impact.

Causes of rear-end car accidents

Rear-end collisions can be caused by either the leading or tailing driver (or both), and are frequently attributed to:

Florida rear-end collision law

Determining the role each driver played in a rear-end car accident and how damages should be disbursed depends on the state laws that apply to the collision. 

As of 2023, Florida uses a modified comparative fault system. Under this system, if more than one party is at fault in an accident, liability is split according to each driver’s percentage of fault, and their compensation is reduced accordingly. 

So, if the leading driver (plaintiff) is found to be 25% at fault for a rear-end accident that causes $10,000 in damages, they can only collect 75% of the damages (or $7,500) from the tailing driver (defendant).

It’s also important to note that under Florida’s modified comparative negligence system, the injured party can only receive compensation if they are 50% or less at fault for the accident.

Contact a Tampa rear-end collision lawyer

If you or a loved one have suffered injury or damage from a rear-end collision in Tampa or elsewhere in Florida caused by another person’s negligence, you may be entitled to compensation for your doctor’s bills, lost wages, pain and suffering and other losses. Contact the Tampa rear-end car accident attorneys at Lorenzo & Lorenzo to discuss your legal options and seek help from the experts. We want to help ensure the best possible outcome for your case, so contact us today.

We are available 24/7 to take your call. Schedule your free consultation today.