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: