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When Is a Rear-End Crash NOT the Fault of the Rear Driver?

Each year, 1.7 million rear-end car crashes occur, making them one of the most common types of accidents on the roads. If you or a loved one has been involved in a rear-end crash in Florida, you may be confused by who is at fault. While this type of crash is typically the rear driver’s fault, there may be some cases where they are not to blame.

Baker Legal Team is a team of experienced Florida car accident injury lawyers. While the laws surrounding rear-end accidents may be complex and confusing, our knowledgeable legal team may be able to help you understand whether or not the rear driver is at fault after a Florida crash. 

When Isn’t the Rear Driver at Fault in a Florida Rear-End Crash?

After a rear-end car crash in Florida, it is often assumed that the rear driver is at fault. While it is common for the other driver, insurance company, and even the rear driver themself to assume that they must have caused the collision, that is not always the case. The following are situations in which a rear driver may not be at fault for a rear-end accident:

  • The rear-driver’s vehicle had defective brakes
  • The forward driver braked suddenly and without cause
  • The brake or tail lights of the front vehicle were broken or malfunctioning at the time of the accident
  • The forward driver caused the accident by lane-changing directly in front of the rear driver, cutting them off
  • The forward driver caused the accident by negligently making a turn and driving directly in front of the rear driver

If you believe that any of these situations may have been the cause of your rear-end car accident, our experienced car accident injury attorneys may be able to build you a strong claim showing you were not the at-fault driver. 

What Happens When You Are the Driver Hit in a Rear-End Accident?

If none of the above situations apply and you are the front driver who was hit in the crash, the rear driver may have been the at-fault party. When you are hit in a rear-end crash, the at-fault driver was likely making one or more of the following risky driving habits: 

  • Tailgating
  • Following too closely
  • Driving aggressively
  • Distracted by texting, calling, eating, or other activities while driving
  • Driving while impaired by drugs or alcohol
  • Driving while drowsy or fatigued

A seasoned team of car accident injury attorneys may be able to help you build a solid personal injury claim following a rear-end car crash in Florida. 

Why You Should Not Assume You Are at Fault

You may be pushed by the other driver and their insurance company to believe that you were at fault for the car accident. Whether or not that is the case, you should never assume you were at fault because you were the rear driver. Furthermore, you may not want to accept a settlement offered to you outright. Instead, consult with a car accident injury attorney who may be able to go over your case and help you build a strong claim that may award you more fair compensation. 

Florida Rear-End Car Crash Attorneys Are Here to Help

Being involved in a rear-end car crash may leave the victims wondering what to do next. While you may assume that being the rear driver automatically constitutes that you are at fault, that may not always be the case. 

Baker Legal Team has been helping victims of rear-end car crashes in Florida for over 30 years. With only one percent of Florida attorneys being board-certified, our award-winning firm is proud to be founded by Board-Certified injury attorney Robert Baker. For a free consultation, contact us here or call (561) 320-0000.

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