Who is Liable For a Rear Ended Car Accident?

Answer:

Yesterday, we got a call from someone who had found us in the internet. They wanted to know in a rear-end collision, who’s liable? In the state of Florida, when you’re struck from behind, there’s a presumption that the person who strikes another from behind is responsible, but in a number of ways, as we explained to the caller, that presumption can be rebutted or changed, reversed so that then the person who is in front is responsible. As we explained to the caller, one of the ways that that can happen where the presumption is rebutted is if you changed lanes at the last minute and cut somebody off, then you’ve got maybe full responsibility but for certain partial responsibility. If you’re driving in front of another car, and for no reason, spill your coffee, slam on the brakes, and the person behind you hits you, then you may be totally responsible for that, or at least partially responsible depending on how fast the person behind you is going and other factors. As we explained to this caller, since she reached over to get her coffee cup, spilled it, and slammed on the brakes, she was probably at least partially and mostly responsible. In Florida, there’s a rebuttable presumption that the person striking another from behind is responsible for that act, but that presumption can be rebutted.