Rear End Crashes

Rear-End Car Crashes Are Often Serious

With the large number of distracted drivers on Florida roadways, it is no surprise that rear end accidents are on the upswing. These accidents occur when one vehicle hits the back of another. Typically, proving fault in a rear-end collision is not difficult since a driver has a duty to stop his or her vehicle before it runs into another car or a stationary object. Rear-end car crashes are often serious. If you find yourself in the middle of one, you may suffer broken bones, soft-tissue damage, organ injuries or some other type of trauma. You should not, though, bear the responsibility of paying steep medical bills for an injury you did not cause. You also should not have to cope with emotional injuries, lost employment or other consequential damage. A skilled Miami personal injury attorney can help you understand all your legal options.

Why Rear-End Collisions Occur

Rear-end crashes are a common occurrence on roadways in Florida and across the country. In fact, the National Highway Traffic Safety Administration reports that roughly a third of all motor vehicle accidents are rear-end collisions. There are several reasons these crashes occur:

• Speeding
• Mechanical failure
• Congested roads
• Distracted driving
• Drowsy driving
• Alcohol or drug use


If you have residential or business insurance, there is a good chance your policy covers many different types of damage. Unfortunately, policies often have exclusions. If your package specifically excludes the type of damage your property sustains, you may have trouble obtaining payment from your insurer.

Reasons for Denial

Even if your claim is prepared properly, you may still discover that your insurer is unwilling to pay part or all of it. If your insurer elects to deny your claim, you should receive a denial notice. Claims are often denied for a few common reasons:

• Lack of coverage
• Misrepresentations
• Missing evidence
• Disagreements about damages

Even if you drive defensively and responsibly, you may not be able to avoid a rear-end collision forever. Because you must share the road with other drivers, you have a chance of sustaining an injury in a rear-end accident every time you climb behind the wheel, so it is important for you to understand how to prove a negligence claim.

What You Must Prove

If you have suffered an injury in a rear-end crash, you likely want to proceed with a negligence cause of action. To prove negligence, you must establish each of the following elements:
• The driver who hit your vehicle had a legal duty not to do so.
• The driver breached his or her duty.
• The driver’s actions caused you to sustain an injury.
• You have a legally recognized injury.

In rear-end crashes, the driver who hits you is typically negligent. However, you may share responsibility for the accident, if you fail to drive reasonably. Slamming on your brakes needlessly, not repairing your damaged vehicle correctly or backing up unexpectedly may harm your chances of receiving compensation for your injuries and property damage.