Car Accident Lawyers Windermere: Rear End Accidents
- Rear End Accidents are Common: Think of the common example of a Rear End Accident. A person is sitting at the light and another person comes up from behind with their car and crashes into the back of the first car. This is a typical Rear End Accident. Every day drivers across the country are involved in these types of accident.
- Presumption of negligence by rear driver: In Florida there is various case law that fleshes out what this presumption of negligence means and how it is applied in rear end accidents. Consider the language of the court in Cevallos v. Rideout:
The front driver will naturally assert the presumption of negligence on the part of the rear driver and seek summary judgment in his or her favor arguing that based on the presumption, the rear driver was the negligent party. The issue is whether the rear drive must establish a complete absence of negligence on his or her part in order to overcome the motion for summary judgment. The answer is that the rear driver may rebut the presumption of negligence. [However, the rear driver must produce evidence that] the evidence [is] sufficient for a jury to conclude that the rear driver’s presumed negligence was not the sole proximate cause of the collision.”
- In Sum: In sum, there is a presumption of negligence where a rear driver strikes a front driver. However, the rear driver is free to rebut the presumption by producing competent evidence showing that the rear driver’s presumed negligence was not the sole proximate cause of the rear-end collision. Most rear-end collision cases are settled out of court because of the difficulty establishing that they were not the sole proximate cause of the accident.
If you have any questions about your car accident case give the Smith and Eulo Law Firm a call, Car Accident Lawyers Windermere. We are located in Southwest Orlando, with close proximity to Windermere, Metrowest, and Dr. Phillips. Call today for your FREE CONSULTATION. 407-930-8912. www.SmithandEulo.com