If you or a loved one were involved in a rear-end collision, you are not alone. Rear-end collisions are the most common kind of car accident. The National Transportation Safety Board (NTSB) reports that almost half of all two-vehicle crashes are rear-end collisions, killing 1,700 people each year.
Unfortunately, these frequent accidents can come with serious consequences. If you or your loved one were injured because of a rear-end collision caused by another driver, you have the legal right to seek compensation.
A Melbourne rear-end collisions lawyer can help you fight for the compensation you deserve, so you can focus on your recovery. Contact Ben Crump Law, PLLC today at (800) 598-7557 to schedule a free consultation
Financial Responsibility for Rear-End Collisions
In most situations, the person who rear-ends another vehicle is the one responsible for the accident and any related expenses. However, because Florida is a no-fault state, this may or may not affect your ability to recover compensation for your rear-end collision.
The no-fault law Florida Statute §627.7407 means that you must turn to your own insurance policy for help with minor injuries, regardless of who caused the accident. Your required personal injury protection (PIP) portion of your insurance policy should cover medical expenses for minor injuries and other small out-of-pocket costs.
To recover any additional costs of a rear-end collision in Florida, you have several options:
- For reimbursement for property damage, such as vehicle repairs or vehicle replacement, you can file a claim with the at-fault driver’s insurance policy.
- For a serious injury, you can file a personal injury lawsuit. In addition to reimbursement for the costs of medical treatment, you can also sue for damages such as lost income and pain and suffering. You may also be able to pursue a personal injury lawsuit if going through insurance does not provide enough reimbursement for the property damage you suffered.
- For the death of a family member, you can file a wrongful death lawsuit if the rear-end collision caused them to lose their life.
Determining who bears the financial responsibility for a rear-end collision in Florida depends on the nature of your injuries and the specifics of your and the other driver’s insurance coverage. A Melbourne rear-end collisions lawyer can advise you of your legal options for recovering compensation based on the circumstances of your accident. Contact Ben Crump Law, PLLC today to learn how we can fight for you.
For a free legal consultation with a rear-end collisions lawyer serving Melbourne, call 800-959-1444
Causes and Fault in Rear-End Collisions
If you hope to recover compensation beyond what your PIP insurance coverage provides, the question of who is at fault for the accident will play a major role in your ability to do so. In most situations, the tailing driver will be at fault for a rear-end collision.
There are many potential causes of rear-end collisions, including:
- Failing to stop within a reasonable time
- Failing to pay attention to the road or watch for hazards
- Failing to follow at a safe distance
- Distracted driving
- Driving under the influence
- Aggressive driving
- Reckless driving
- Failing to obey a traffic law, such as yielding the right-of-way or using a turn signal
In some scenarios, the driver in the front can be responsible for a rear-end collision—therefore, fault is not always automatic for this type of car accident. For instance, if the driver in front has malfunctioning brake lights, slows down, or stops to turn but then does not turn, or reverses very suddenly, they may be at fault for the accident.
When both parties bear a portion of the blame for the accident, Florida’s comparative negligence law will help determine what compensation you can receive for the accident. According to Florida Statute §768.81, the damages you can recover will be reduced by whatever portion of the accident is your fault. So, if you are 30% at fault for a rear-end collision, you will only be able to receive 70% of the damage award.
Whether you need help proving fault to an insurance claims adjuster or in a civil court, Ben Crump Law, PLLC is here to help. Our team of Melbourne rear-end collisions lawyers can investigate the accident and gather evidence to support your claim for reimbursement, and then pursue compensation on your behalf.
Melbourne Rear-End Collisions Lawyer Near Me 800-959-1444
Recoverable Damages for Rear-End Collisions
After a rear-end collision, the damages you may be able to recover through a personal injury or wrongful death lawsuit include:
- Medical expenses
- Lost income
- Loss of future income
- Funeral expenses
- Property damage costs
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
If you or a loved one were injured by someone else’s negligence, you should not have to suffer the further injury of financial burden. A Daytona Beach rear-end collisions lawyer can help fight for the compensation you deserve.
Florida Statute of Limitations
Florida civil lawsuits are subject to a statute of limitations, which is a time limit on your right to pursue legal action. For personal injury cases, you have four years from the date of the accident to file a lawsuit, according to Florida Statute §95.11. If you choose to pursue a wrongful death lawsuit, you have two years from the date of your loved one’s death.
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Turn to Ben Crump Law, PLLC for Help
If you need help recovering compensation after a rear-end collision in the Melbourne, Florida, area, the team at Ben Crump Law, PLLC is here for you. Hiring a Melbourne rear-end collisions lawyer can ease the process of dealing with insurance companies, proving fault, and paying for medical treatment and property damage after a car accident.
We work on a contingency basis, which means that you will never owe us any fees unless we can obtain a financial settlement for you. This allows you to rest easy and take the time you need to recover from your accident, knowing that our team is motivated and dedicated to pursuing justice for you. Contact Ben Crump Law, PLLC today at (800) 598-7557 for a free case evaluation.