Is the Back Vehicle Driver Always Negligent in Rear End Accidents in Florida?
One of the most common auto accidents resulting in serious injuries or deaths that we see as personal injury and wrongful death lawyers is the rear end accident. A question that often comes up in such accidents is whether the back driver whose vehicle strikes the front driver is always negligent and liable for damages in such crashes. Most of the time, the back driver is liable for these rear end crashes, but there are exceptions.
In Florida, there is a presumption of negligence on the part of the rear driver in rear end accidents. This means that it is presumed that the back driver is negligent in causing the crash unless the back driver can establish some reason(s) that he/she was not negligent. Examples of such reasons may include that the front driver stopped suddenly for no reason or the back driver was forced to hit the front vehicle by another driver's negligence. There are two primary reasons for the presumption of negligence in rear end crashes. First, the front driver often does not know what is going to happen until it is too late because drivers are often looking forward. Therefore, the front driver is often at a disavantage when describing how and why the crash occurred. Second, drivers are supposed to drive slowly enough and at a safe enough distance so they can stop for cars in front of them. The back driver typically has much more control and ability to avoid a rear end crash than the front driver.
This presumption of negligence on the part of the back driver only applies when the front driver sues the back driver for damages, which occurs in the majority of rear end accident lawsuits. However, sometimes the back driver, or a passenger in that vehicle, will sue the front driver for injuries resulting from an accident. For instance, if the front driver stops suddenly and for no apparent reason and the back driver's vehicle hits the front vehicle causing injury to the back driver and/or passenger(s), the back driver and/or passenger(s) can sue the front driver. In that case the presumption that the back driver was negligent does not apply. The front driver can certainly argue that the back driver was negligent in causing the crash and should have been able to avoid it, but the front driver cannot avail him/herself of a legal presumption that the back driver was negligent.
