• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Madalon Law

  • (877) IT-MATTERS
  • (954) 923-0072
  • Home
  • Legal Team
    • Joseph Madalon, Esq.
    • Leandro Carvalho, Esq.
    • Susan Lee, Esq.
  • Practice Areas
    • Property Damage
    • Hurricane Damage
    • Roof Damage
    • Water Damage
    • Amusement Park Accidents
    • Aviation Accidents
    • Bar / Nightclub Accidents
    • Bicycle Accidents
    • Birth Injury
    • Boating Accidents
    • Burn Injury
    • Bus Accidents
    • Car Accident
    • Construction Accidents
    • Head and Brain Injuries
    • Horse Riding Accident
    • Lyft Accident Attorneys
    • Maritime Attorneys
    • Medical Malpractice
    • Motorcycle Accidents
    • Negligent Security
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Premises Liability
    • Product Liability
    • Sexual Harassment
    • Slip and Fall
    • Spinal Injury
    • Swimming Pool Accident
    • Theme Park Injuries
    • Truck Accident
    • Uber Accident Attorneys
    • Vacation / Hotel Accident
    • Wrongful Death
    • Class Action Lawsuits
    • CPAP Recall Lawsuit
  • Results
  • Videos
  • Blog
    • Articles
  • FAQs
  • Contact
  • En Español
  • Inicio
  • Nosotros
    • Equipo Legal
    • Biografia de Joseph Madalon
  • Lesiones Personales
  • Resultados
  • Videos en Español
  • Contacto
  • En inglés

Rear-End Auto Accidents in Florida

Rear-End Auto Accidents in Florida – Elements of Negligence

Rear-end auto accidents can produce serious injuries. A claim for personal injury is governed by Tort Law under negligence. It is important to understand that there are four specific elements needed to prove a claim of negligence. Without proving the existence of all of these elements, there can be no recovery in your claim for compensation.

Theory of Comparative Negligence
In Florida, a theory of comparative negligence is used in determining the amount of fault, or liability, that a person is responsible for in a rear-end auto accident. Under comparative negligence, there can multiple people held responsible for causing the collision. In fact, there are many situations when more than just one person created a hazardous condition which contributed to the accident. What is commonly done in these shared liability situations is that there is a percentage of fault assigned to each party based on their particular actions. This has proven to be a much more fair way to approach negligence claims, as a defendant can provide evidence to reduce the amount of a potential award against them.

Duty of Care
For a person to successfully argue that someone was negligent in causing them an injury in a rear-end auto accident, the accused must have owed that person a duty of care. What this means is there was an obligation on the part of the accused to act as a reasonable driver would in attempting to avoid unreasonable risks that are foreseeable. A person is providing a duty of care by following a specific standard of care given to them. Florida drivers have a standard of care that can be objectively viewed as how reasonably prudent driver would act under similar circumstances.

Breach of Duty
The second element that must be proven in a negligence claim in a rear-end auto accident is that the established legal duty of an at-fault party was breached. A person breaches their duty of care when the fall below the standard of care that is specified. An example of a breach of duty in a rear-end auto accident is when a person speeds towards stopped traffic and fails to stop in time. A reasonably prudent driver under similar circumstances would recognize the danger that speeding could cause.

Causation
The third element needed to prove a negligence claim in a rear-end auto accident is that the accident itself was the cause of the alleged injury. Florida requires that the injury was the proximate cause of the collision. This simply means that based on the facts, the causation of the injury related to the accident must not be remote. The link between the collision and the injury cannot be seen as something unforeseeable, or caused by something else independently. Proximate causation will be proven where a person should have reasonably been able to know that their actions would enhance the possibility of injuries.

Damages
Lastly, there must be actual damages that result from the rear-end auto accident in order to bring a claim of negligence. There is a requirement that Florida Courts have forcing a plaintiff to demonstrate a monetary loss. There are additional damages that can be sought in addition to an actual monetary loss, including lost wages, property damage, loss of future earning, and pain and suffering. As indicated above, Florida follows a comparative negligence theory, which means that a defendant can present evidence of a plaintiff’s negligent contribution in the accident and have a reduced award against based on the plaintiff’s actions.

Rear-End Presumption
In 2012, Florida’s Supreme Court decided on extremely critical issue. The court took a look at a problem dealing with rear-end collisions here in the state. Their ruling made a significant change to laws that govern automobile accidents involving rear-endings. Historically, such accidents were presumed the fault of the driver to the rear of the collision. The presumption has existed for as long as it has because the driver of the vehicle that was rear-ended, for the most part, could not see what the cause of the accident was. The seemingly obvious fix to determining fault was to place it with the rear vehicle as they were in the best position to avoid causing the collision. In essence, what the Florida Supreme Court has done in their decision, is allowed an opportunity for rear-end drivers involved in rear-end auto accidents to challenge the long-standing presumption.

Areas of Practice

roller coaster ride with trees in foreground

Amusement Park Accidents

plane on runway getting ready for takeoff

Aviation Accidents

people drinking and dancing at a bar

Bar and Nightclub Fights

woman ready to get on a bicycle

Bicycle Accidents

emergency room sign at the entrance of hospital

Birth Injury

cruisde ship at dock

Boating and Cruise Ship Accidents

fire burning and burned skin

Burn Injuries

school bus picking up kids at bus stop

Bus Accidents

two cars in car crash at intersection

Car Accidents

constuction worker that got hurt working on job site

Construction Accidents

woman with head injury from a car accident

Head and Brain Injury

person riding a horse

Horse Riding Accident

cruise ship sailing on the sea

Maritime and Cruise Ship

medical professional with stethascope helping a patient

Medical Malpractice

motorcycle accidient with rider on the ground with injury

Motorcycle Accidents

security personnel at a concert

Negligent and/or Inadequate Security

nursing home patient laying in bed

Nursing Home Abuse and/or Negligence

man injured on ground from car that went through intersection

Pedestrian Accident

broken fence and cracked sidewalk

Premises Liability

sign wih the word defective spelled out

Product Liability

beach and palm trees at a vacation resort

Resort/Vacation Injuries

womans hands pushing away a man that is grabbing her

Sexual Harassment

yellow caution sign on floor with a person that slipped on the floor next to it

Slip and Fall

medical image of body and spine

Spinal Cord Injury

swimming pool with people jumping in the water

Swimming Pool Accidents

sign of walt disney world theme park entrance

Theme Park Injuries

semi truck driving on road

Truck Accidents

lady justice statue

Wrongful Death

Video Library

Blog

Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Map for Fort Lauderdale address
Phone: (954) 923-0072
Toll Free: (877) 486-2883
Fax: (954) 923-0074

West Palm Beach

By Appt. Only
515 N Flagler Dr Suite P-300
West Palm Beach, FL 33401
Map for West Palm Beach address
Phone: (561)-243-1003
Toll Free: (877) 486-2883
Fax: (954) 923-0074

Miami

By Appt. Only
150 SE 2nd Ave, Suite 300
Miami FL 33131
Map for Miami address
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
  • Home
  • Disclaimer
  • Privacy Policy
  • Contact Us
  • Site Map

Footer

Facebook

Twitter

Linkedin

Google Plus

YouTube

Instagram

Pinterest

We serve the following localities:
BROWARD COUNTY including Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Plantation, Coral Springs, Davie, Sunrise, Weston, Deerfield Beach and Miramar;
MIAMI-DADE COUNTY including Coral Gables, Cutler Bay, Doral, Hialeah, Homestead, Kendall West, Miami, Tamiami, The Hammocks, and Westchester;
PALM BEACH COUNTY including Belle Glade, Lake Worth, and West Palm Beach;
ORANGE COUNTY including Orlando and Winter Park;
OSCEOLA COUNTY including Kissimmee, Poinciana, and St. Cloud.
Areas Served

Copyright © 2023 · Madalon Law · Powered by: USAttorneys.com
Areas Served

X

Contact Madalon Law

    Contact Us

    Please prove you are human by selecting the Car.