Florida Rear-End Collision Lawyer
Rear-End Accident Claims in Florida
Rear-end collisions—in which one vehicle hits the back of another—are some of the most common types of car accidents. Some estimates report that as many as 2.5 million rear-end accidents happen every year in the United States. Often, these collisions result in serious injuries, such as whiplash, spinal cord injuries, concussions, and traumatic brain injuries. Victims may require extensive medical treatment, which can easily exceed their auto insurance coverage limits.
At Zimmerman & Frachtman, P.A., we understand the many nuances involved in rear-end accident claims. Although it can sometimes be easier to prove fault in a rear-end collision compared to other types of accidents, going outside the state’s no-fault system and suing the at-fault driver for damages is often very challenging.
Our Florida rear-end collision lawyers have extensive experience representing victims of serious accidents and have successfully recovered more than $300 million for our clients. We provide every single one of our clients with attentive and personalized legal services, as well as aggressive representation in and out of the courtroom.
What Causes Most Rear-End Collisions?
In the simplest of terms, most rear-end collisions are caused by negligence. When drivers do not pay attention or act recklessly, they can collide with the vehicles in front and around them. This can have devastating consequences and may even lead to multiple-vehicle accidents.
Motorist negligence takes many forms. Some of the specific causes of rear-end collisions include:
- Distracted and inattentive driving
- Inexperienced/teenage drivers
- Texting or using a cell phone while driving
- Tailgating, or following too closely
- Reckless and aggressive driving
- Road rage
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Cutting off another driver, or merging/changing lanes too closely
In some cases, additional outside factors can contribute to or cause a rear-end collision. Inclement weather, changing traffic conditions, and hazardous roadways may result in a serious accident. That being said, motorists are still have a responsibility to drive safely, including adjusting to potentially dangerous conditions.
What Injuries Commonly Occur After a Rear-End Accident?
Many victims of rear-end accidents experience significant injuries. These may require hospitalization, as well as extensive ongoing medical care and pain management. The cost of treatment can quickly add up, especially when injured accident victims are also missing wages from time taken off work.
Some of the most common injuries resulting from rear-end collisions include:
- Soft tissue injuries
- Torn ligaments, tendons, and muscles
- Sprains and strains
- Head and back injuries
- Brain injuries
- Spinal cord injuries
- Herniated, or “slipped/ruptured,” discs
- Head and face injuries
- Airbag and seatbelt injuries, such as contusions or lacerations
- Knee and ankle injuries
In Florida, personal injury protection (PIP) insurance typically only provides up to $10,000 for medical expenses after an accident, but a victim may find that their total medical bills and lost wages far exceed this amount. In such instances, it may be possible to step outside the state’s no-fault system and take legal action directly against the at-fault driver. To do so, you will need to prove that your injuries meet Florida’s “serious injury threshold.”
To be considered “serious” in Florida, an injury must meet one of the following requirements:
- The injury is a bone fracture
- The injury causes significant disfigurement
- The injury causes significant or permanent limitation of a bodily function, member, organ, or system
- The injury results in substantial total disability for at least 90 days
If your rear-end accident injury meets these qualifications, you could be entitled to file a claim against the at-fault driver’s insurance company or even sue the at-fault driver for damages.
How Much Is a Rear-End Collision Claim Worth in Florida?
As in other types of motor vehicle accident cases, determining the value of a rear-end collision claim is complex. There are many factors involved when it comes to calculating how much your case could be worth. These factors affect your settlement, as well as any verdict you may receive if your case proceeds to trial.
Some of the many factors involved in determining the value of a rear-end collision claim include:
- Fault: If the other driver was entirely at fault, you could be entitled to a higher settlement than if you share some of the blame. Your degree of fault (if any) directly affects your recovery.
- Injuries: Because more severe injuries tend to require more extensive medical care and typically lead to more pain and suffering, cases involving catastrophic injuries are generally worth more.
- Pain and Suffering: Pain and suffering is typically calculated based on your injuries and overall losses. The higher the value of your pain and suffering, the higher the value of your claim.
- Damages: The extent of your losses, known as “damages,” plays a large role in the overall recovery you are entitled to receive. The greater your damages, the more you can recover.
- Insurance: The available insurance coverage, both from your own auto insurance provider and the other party’s insurance company, also plays a role in your settlement or verdict.
Other factors, such as the defendant’s available assets and the insurance company’s willingness to settle, play a significant role in the overall worth of your claim and the amount you can expect to receive.
Our Florida rear-end accident attorneys can sit down with you during a free initial consultation to discuss the specifics of your case. We are happy to answer any questions you may have, including what a fair settlement might look like. We advise you to speak to our team before talking to anyone from the insurance company, and never accept a settlement or sign anything without first talking to a lawyer.
After any serious car accident, there are several important steps you should take to protect your health, wellbeing, and rights. You should seek medical attention right away but no more than 14 days after the accident. If you do not receive medical attention within two weeks of the collision, you will not be able to file a PIP claim and could lose your right to recover compensation.
Another important thing to do after an accident is to contact an experienced car accident attorney. Although it may seem like they are there to help you, the insurance company is not on your side. They do not want to pay out claims, especially high-value claims, and will often do everything they can to dispute, undervalue, or deny them. An attorney can fight back against these tactics and defend your rights, including your right to a fair settlement. If the insurance company refuses to settle, your attorney can represent you at trial.
At Zimmerman & Frachtman, P.A., we help victims of serious car accidents, including rear-end collisions, by offering:
- Compassionate, client-focused support and service
- Aggressive and assertive legal representation
- Personalized legal strategies tailored to each client’s unique situation
- Direct, one-on-one assistance from an attorney
- Total accessibility—our clients receive our personal contacts
We are not a mill. By being selective in the cases we accept, we are able to provide every single one of our clients with the attentive, individualized legal services they deserve. When you choose our firm, you will never be treated like just another case number; you can rely on our team to put on their suits and go to war for you.
Aggressive, Experienced, and Compassionate Counsel
Client Centered Approach
We Are Always Accessible & Reachable To Our Clients
Work Directly With Your Attorney