RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Rear-End Collisions

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Personal Injury

As Automobile Collision Attorneys, the Law Office of Alba & Yochim P.A. recognizes that while car accidents come in many forms, some types are more common than others. Rear-end crashes, in which one driver strikes another driver’s vehicle from behind, are one of the most commonly occurring types of accidents. According to the NTSB, rear-end collisions account for approximately 30% of all reported motor vehicle collisions.

Given the frequent occurrence of such crashes, and therefore attorney demand, a notable portion of our Gainesville practice involves representing victims that were injured or killed in a rear-end auto accident.

Following a rear-end collision, clients often have questions regarding liability—in particular—whether or not fault will automatically be assigned to the rear-driver. Well, the short and simple answer to this is ‘NO.’ While in Florida, a presumption does exist over the negligence of the rear-driver, this presumption can be overcome, or ‘rebutted,’ by presenting evidence that contradicts the fault or negligence of a rear-positioned motorist. This is referred to as a ‘rebuttable presumption,’ and for purposes of auto negligence cases in Florida, the concept is often discussed through use of the term ‘Rear-end Collision Rule.’

In gaining a better understanding of the rule—it can be helpful to view the concept of ‘rebuttable presumption’ from a broader perspective, and in accordance with theories of negligence under Florida law. Florida, like many other states, adheres to principles of ‘comparative negligence.’ Put simply, damages awarded in auto negligence cases are dependent on the level of fault assigned to each party. Given the impact that assignment of fault can have on the amount of compensation recovered by a victim, emphasis should be placed on selecting an attorney that has the skill and experience to effectively maximize financial recovery.

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One of the most common causative factors in rear-end crashes is following too closely, also referred to as tailgating. Often, the combination of tailgating and other factors, such as traveling speed, weather conditions, or slippery roadway surface conditions, can impede a rear driver’s ability to slow their vehicle in time to prevent a collision with a front vehicle.

Likewise, distracted driving, is a leading contributing factor associated with rear crashes. In fact, studies show that more than 90% of all rear-end crashes involve some form of driver inattention. Texting while driving, in particular, is a huge problem in Florida, not only in rear collisions, but in many other types of auto accidents as well. Additional factors, including vehicle malfunction, driver fatigue, and alcohol or drug related driver impairment.

There are a variety of injuries that can occur in a rear-end accident, even in those involving a low-impact collision. Neck strains or sprains, and other whiplash-related injuries are the most common type of injury sustained in rear-end crashes. Injuries to other areas of the vertebral column, including mid back injuries (thoracic), and lower back injuries (lumbar and sacral), can also occur as a result of a rear collision. Disc herniation, and soft-tissue injuries involving strains or sprains, and even spinal fractures are just a few of the potential injuries that a rear-end crash can cause.

In some rear collisions, injuries to the head or brain, ranging from mild concussion to traumatic brain injury can occur when a victim is ejected from the vehicle, or strikes their head against the vehicle’s interior.

As experienced Accident & Injury Attorneys, we know the importance of thoroughly investigating an accident to determine potential causes, sources of compensation, as well as any evidence that can obtained to establish liability (i.e. cell phone records, police reports, recorded statements, etc.). Further, our experienced Gainesville lawyers understand the vital necessity of meeting the permanency threshold in auto negligence cases in Florida.

The Law Office of Alba & Yochim P.A. has obtained compensation on behalf of numerous clients harmed as a result of a rear-end accident, including both high-impact and low-impact collisions. We have the legal know-how to maximize financial recovery in complex cases such as wrongful death or catastrophic injury, and the ability to overcome issues of causation in unique scenarios involving pre-existing conditions, injury aggravation, as well as subsequent and concurrent injuries. Victims should keep in mind that are time limitations that can impact the right to pursue a claim for damages sustained in a car accident, which is just one of the many reasons why it is important to discuss your legal rights and options with an experienced lawyer as soon as possible following a crash.