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Florida Court Explains Liability in Lawsuits Arising out of Rear End Collisions

October 27, 2023 | Jarrett Blakeley
Florida Court Explains Liability in Lawsuits Arising out of Rear End Collisions

Rear-end accidents often cause significant trauma. In most instances, they occur because the driver of the second car was driving too fast or while distracted, or otherwise acting negligently. While the person operating the second vehicle is usually responsible for causing rear-end collisions, they may not be solely liable, and the courts may be reluctant to rule in favor of plaintiffs as a matter of law in cases arising out of such accidents. This was demonstrated in a recent Florida opinion issued in a rear-end collision case in which the court denied the plaintiff’s motion for summary judgment. If you were hurt in a car crash, it is advisable to speak to a Florida car accident lawyer to discuss your potential claims.

The Subject Accident

It is reported that an accident occurred on a highway in Florida when a car driven by the plaintiff was struck from behind by a tractor-trailer operated by the defendant driver and owned by the defendant company. The plaintiff sustained significant injuries in the accident and brought a lawsuit against the defendants, alleging the negligence of the defendant driver caused the crash. Depositions of the parties were taken, after which the plaintiff moved for summary judgment. The defendants filed a response in opposition to the plaintiff’s motion.

Liability for Rear-End Collisions

In Florida, a party moving for summary judgment must offer proof that there is no true dispute as to a material fact and that he or she is therefore entitled to judgment as a matter of law. If parties offer such support, their motion will only be denied if the opposing party demonstrates that there is a genuine disagreement over a material fact. In cases in which the parties offer conflicting evidence, the proofs offered by the party responding to the motion will be presumed to be true, and all inferences in that party’s favor that are reasonable will be drawn.

The court stated that while the plaintiff’s argument that Florida law presumes that the second driver in a rear-end crash is negligent was accurate, the presumption is rebuttable. In other words, the Florida courts have held that due to the fact that recovery in car accident cases in Florida is ruled by the principle of comparative negligence, evidence that the first driver in a rear-end crash case drove in a negligent manner may act to rebut the presumption that the second driver was responsible. In the subject case, the court noted that the defendant offered testimony that the plaintiff changed lanes and suddenly slowed down immediately prior to the accident, which suggested that the plaintiff was negligent. As such, the court denied the plaintiff’s motion.

Meet with a Seasoned Florida Car Accident Lawyer

Even if it seems that a car crash was clearly the fault of one driver, a plaintiff seeking damages in a lawsuit arising out of a car accident must nonetheless produce evidence sufficient to establish liability. If you were hurt in a collision, it is advisable to meet with an attorney to assess your options. Jarrett Blakeley is a seasoned Florida 

Jarrett Blakeley

Jarrett Blakeley is the founder of Blakeley Law Firm, a premier Florida personal injury law firm dedicated to representing accident victims in Fort Lauderdale, Miami, West Palm Beach, Jacksonville, and throughout the state of Florida. Since 2006, Mr. Blakeley has devoted his career to fighting for the rights of the injured, taking on powerful insurance companies and the law firms that defend them. Over the course of his career, he has successfully represented thousands of clients and recovered more than $200 million on their behalf in cases involving car accidents, motorcycle accidents, Lyft and Uber accidents, and wrongful death.

Mr. Blakeley’s reputation as a skilled and relentless Fort Lauderdale car accident lawyer extends well beyond Broward County. His firm serves clients in Miami-Dade County, including Miami, Palm Beach County, including West Palm Beach, Boca Raton, and Delray Beach, as well as Duval County, including Jacksonville and surrounding areas. No matter where in Florida a crash occurs, Mr. Blakeley brings the same level of dedication, personal attention, and aggressive advocacy to every client he represents.

As a licensed motorcycle rider, Mr. Blakeley has unique insight into the dangers faced by Florida motorcyclists on the road. This first-hand experience allows him to better understand the challenges injured riders face — from biased accident reports to the severity of motorcycle accident injuries. Whether representing a rider injured on I-95 in Miami, a commuter hit by a distracted driver in Palm Beach Gardens, or a motorcyclist hurt in Jacksonville, he fights to secure maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.

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