Rear-End Collision Claims in Florida: What to Know

If you were rear-ended, you may already suspect the other driver was following too closely or not paying attention. In many cases, that instinct is legally correct, though it's still worth understanding how these claims actually work.

The general rule on fault

In most rear-end collisions, the following driver is presumed to be at fault, since drivers are expected to maintain a safe following distance and be prepared to stop. That said, this presumption can be challenged in certain circumstances.

When fault gets more complicated

If the lead driver stopped suddenly without cause, had malfunctioning brake lights, or reversed unexpectedly, fault may be shared or shifted. Florida's comparative negligence rule means you can still recover damages even if you're found partially at fault — your recovery is simply reduced by your percentage of fault.

Common injuries from rear-end crashes

• Whiplash and neck strain, even at relatively low speeds
• Back injuries from the forward-then-backward motion of impact
• Concussions, particularly if the head strikes the headrest or window
• Shoulder and wrist injuries from bracing against the steering wheel

What to do after being rear-ended

1. Check for injuries and call 911 if needed.
2. Get a police report, even for a seemingly minor crash.
3. Photograph both vehicles' damage and the accident scene.
4. Seek medical attention, even if symptoms seem mild at first.
5. Call us before giving a recorded statement to any insurer.