Rear-End Collision Attorneys in Fort Lauderdale, Florida
Have you recently been in a Fort Lauderdale car accident involving a rear-end collision? A rear-end car accident isn't always clear-cut. In fact, rear-end collisions can be incredibly complex as the rear driver is not always to blame. This can complicate the claims process and impact your potential settlement.
At Rosen Injury Law, we work to protect your legal rights and ability to seek compensation following a rear-end accident. A rear-end collision attorney can guide you through the entire process and help you understand and pursue your rights under Florida law.What is the Cause of Most Rear-End Collisions?
While many drivers consider a rear-end car accident nothing more than a minor fender bender, it can actually be just as dangerous as any other type of collision. Plus, this type of crash tends to happen much more frequently. The National Highway Traffic Safety Administration (NHTSA) reports that nearly 30 percent of all collisions each year involve a rear-end crash.
The NHTSA found that 87 percent of rear-end collisions are the result of a distracted driver. Collisions can occur when a driver is not paying attention and doesn't notice a vehicle in front of them in time to stop or slow down. Distractions can include everything from texting and eating to adjusting the radio and interacting with passengers. Other causes of rear-end crashes can include, but are not limited to:
- Aggressive driving, including speeding and tailgating
- Driver fatigue, resulting in failures in judgment and inattention
- Drunk driving, resulting in failures in judgment and inattention
- Hazardous conditions, including heavy rain, icy roadways, snow and standing water
It is important to be aware of these collision factors and conditions to avoid potential rear-end collision damage or injury.What to do After You Get Rear-Ended in Fort Lauderdale, FL
Auto accidents can be incredibly stressful. Once you have obtained a police report, photographed any injuries or damage to your vehicle, and contacted your insurance company, you'll need to do three things to protect your right to compensation.1. Seek Medical Care
If you are injured in a rear-end accident, you should seek medical help immediately. This is crucial to not only your health and wellbeing, but also to ensure you receive a rear-end collision settlement or proper compensation. If you put off going to the doctor for too long, an insurer can claim that your injuries are unrelated to the rear-end crash.2. Attend All Doctor's Appointments
In addition to seeking medical care immediately after a rear-end car crash, it's important that you attend every doctor's appointment and keep up with regular treatments and medications. If you don't, an insurer may claim that you are potentially contributing to or exaggerating your rear-end collision injuries.3. Watch Your Wording
It's very important that you be careful in your wording following an accident. You can jeopardize your claim by saying something as simple as "I'm okay" or "I'm so sorry." These seemingly innocent statements can be twisted by insurance adjusters into admissions of rear-end collision fault or even a declaration that you are not injured. If you are the victim of a rear-end accident, you should contact an attorney to assist you with your potential case.Who is at Fault in a Rear-End Collision?
Most people think that if they rear-end another vehicle, they're considered at fault for the accident. But just because you rear-ended another car in Florida does not mean you're automatically at fault. While Florida law does presume that a driver is obligated to avoid hitting the vehicle in front of them, there are exceptions. If the forward vehicle's driver created an unsafe condition that was unavoidable, you may not be at fault. This can include if the driver cut you off, had a burnt-out brake light or backed up suddenly. It's also important to note that even if you're found to be partially liable for the accident, you can still recover compensation because Florida law allows a jury to assign percentages of fault to all parties involved in the crash.
While negligence in rear-end collisions is typically clear, sometimes it's not so simple. To establish negligence in a rear-end accident, one or more of the following elements needs to have been demonstrated.
- Breach of Duty. The other driver did not uphold their duty of care to you due to various circumstances that can include, amongst other things, aggressive or otherwise distracted driving.
- Causation. You suffered injuries and damages due to the other driver breaching their duty of care by rear-ending you.
- Damages. You sustained quantifiable injuries, damages, and/or pain and suffering due to the rear-end crash.
- Duty of Care. The other driver did not use reasonable caution while operating their vehicle.
Keep in mind that evidence from the accident will be required to substantiate your claim of negligence.Common Rear-End Collision Injuries
A rear-end car crash can be extremely jarring and frightening. But what is the most common type of injury in a rear-end collision? Millions of people are injured or disabled in automobile accidents every year. The following are some of the most common types of rear-end collision injuries that occur in Florida. It's important to know that no matter what condition you appear to be in following a rear-end collision, you should always receive a full medical evaluation by a healthcare professional. If you've been rear-ended, injuries can include, but are not limited to:
- Broken ribs
- Carpal tunnel syndrome
- Facial trauma
- Injuries to the lower limbs
- Injuries to the upper limbs
- Internal bleeding
- Neck injuries
- Organ damage
- Seatbelt and airbag injuries
- Spinal cord and disc injuries
- Traumatic brain injuries
It's difficult to give an average settlement for a rear-end collision because various factors can play into the exact compensation. But in general, one can typically calculate the economic damages they've sustained to get a good idea of the amount they're owed for that category of damages. This can include:
- Cost of damages to your vehicle and personal property
- Deductibles and health insurance payments
- Funeral expenses
- Future injury-related expenses
- Late penalties and fees for missed bills
- Loss of income from missed days of work
Keep in mind, a rear-end collision attorney from Rosen Injury Law will work with you and your doctor to ensure you have all the proper documentation you need. If you have not yet hired a lawyer, it's important to save all documentation related to your rear-end accident.
In addition to economic damages, non-economic damages are also considered when calculating a rear-end collision settlement. Because they're not as easy to put a number on, non-economic damages, or "pain and suffering," can be difficult to estimate. A typical way to calculate this amount is to seek advice from an attorney, who has experience handling similar cases and can advise you on the range of settlements obtained for similar injuries. Typically, the more severe the injuries, the higher the amount of non-economic damages (damages for pain and suffering). Factors that will play into compensation include, but are not limited to:
- Development of permanent and life-altering disabilities
- Development of psychological problems
- Footage or witness statements that make determining fault simple
- Gross negligence on the part of the driver, car manufacturer or insurance company
- Loss of a loved one
- Presence of dependents who relied on the injured or deceased person
Keep in mind that there is no precise calculation to help you determine how much you are owed. But a rear-end accident lawyer can guide you and help you to understand the types of similar settlements that have been decided in your area.I Was Rear-Ended. Should I get a Lawyer?
If you were in a crash, you should seek the help of a rear-end collision attorney to ensure you get the proper compensation. A lawyer can be invaluable in the investigation process following a rear-end accident. Whether you believe you were at fault or the other driver was at fault, if you sustained injuries, your lawyer can help collect and review the details of your accident and present a claim to appropriate insurance companies or defendants and represent your best interest against the insurance company or the at-fault driver.Contact a Fort Lauderdale Rear-End Collision Attorney From Rosen Injury Law Today for Representation
If you or a loved one rear-ended a car, you should consult a Fort Lauderdale car accident attorney from the team at Rosen Injury Law immediately to determine your rights. If you or a loved one were the victim of a rear-end accident and sustained injuries and/or damages, Rosen Injury Law is here to help protect your legal right to compensation. Contact us today for a complimentary consultation with one of our experienced Fort Lauderdale rear end car accident lawyers. Our team is here to help.