Florida Rear End Automobile Accident: What are My Legal Rights and Legal Responsibilities?
Many automobile accidents in the State of Florida as well as the rest of the country result from a rear end crash or collision. In most crashes, the driver, who crashed into the vehicle in front of him or her, is at fault. There are some exceptions to this general rule if there is a sudden and abrupt stop by the vehicle in front. Section 316.0895, Florida Statutes - Following Too Closely provides that driver's shall not follow another motor vehicle more closely than is reasonably prudent. On Florida streets, highways, and roads, drivers should have due regard of the speed of other vehicles, traffic, road conditions, and weather when driving behind other vehicles and / or when approaching other vehicles.
Some may believe that once a rear end crash is essentially an open and shut case. The automobile insurance company will recognize and admit liability and responsibility for damages to the vehicle that was rear ended and admit liability and responsibility for the injuries to the driver and passengers who were occupying the vehicle that was rear ended. The truth is that automobile insurance companies scrutinize every part of a claim or case including the cause and details of the crash, the extent of the impact or the force of the impact, the relationship of the crash to the injuries complained of, the age of the injury victim, the prior medical history and condition of the injury victim, the reasonableness and necessity of the medical care provided, the finding of the treating medical providers, the finding of the treating radiologist, and the reports of the treating medical providers. Florida law provides that it is the burden of the injury victim to prove by the preponderance of the evidence all elements of a personal injury case which are as follows:
- Breach of Duty;
- Causation; and
Assuming that the cause or fault of the accident is not in dispute. The automobile insurance company will still challenge the elements of Causation and Damages. Furthermore, it should be noted that Florida is a No-Fault state as it pertains to compensation for pain, suffering, mental anguish, and loss of enjoyment life. As such, an injury victim must prove that he or she has sustained a permanent injury or permanent scarring as a result of the Florida Automobile Accident. As you can see, the law and the pursuit of a personal injury case or claim is not so simple or easy even in the case of a rear end automobile accident.
In the aftermath of a rear end automobile accident, there are a number of decisions to make on behalf of the injury victim and the family of the injury victim including the following:
- Where should I get my vehicle fixed?
- Am I entitled to the Diminished Value of the vehicle now that it will be considered a wrecked car?
- Who is going to pay for my medical bills?
- Where should I go for medical treatment?
- How long should I treat for my personal injuries?
- If I had some pre-existing medical conditions, can I still pursue a case or claim for the personal injuries caused by the crash?
- Am I required to give a statement to my insurance company?
- Am I required to give a statement to the other insurance company?
- How does my health insurance work after an automobile accident?
- How am I going to get treatment without any health insurance?
- What should I do with he bills that I receive in the mail?
- Can I get compensated for my loss wages?
- Can I get a rental car?
- How long will I get a rental car for following the automobile accident?
There are well over a hundred questions that arise in the aftermath of an automobile accident. Rather than guessing at the appropriate answer or action, contact David Wolf to get the answers, guidance, help, and legal representation that you need and deserve in the aftermath of an automobile accident. David Wolf has over 25 years of experience in serving personal injury victims throughout the State of Florida. He handles all aspects of the case from sign up to completion. David Wolf strongly believes in Giving a Voice to Injury Victims and Their Families. He is an attorney, author, and advocate who uses his experience, worth ethic, and resources to promote and protect the legal rights of his clients. Get D Wolf On Your Side - At Your Side.