Tampa Rear-End Collision Lawyers
In Florida and Tampa, a rear-end collision occurs when one vehicle violates the space of another vehicle by hitting them from behind. They hit the rear of the vehicle in front of them and cause an accident. If you have been rear-ended and sustained injuries or damage to your car, seek the services of a Tampa rear-end accident lawyer. A skilled car accident attorney can devote the time and resources necessary to build your case.
Common Fact Patterns Surrounding Rear-End Collisions in Tampa
One common fact pattern for rear-end collisions is when a green light changes to red. A driver thinks they can get through the light and speeds up, but the car in the front of them stops. That results in a rear-end collision. Another fact pattern is crossing over lanes of traffic into medians. Often, cars continue to follow and they rear-end each other.
When an individual is on their cellphone, texting, not paying attention and they do not notice that the vehicle in front of them has come to a stop or they do not notice the red light in front of them, they hit the car stopped ahead of them. The driver is not paying attention and rear-ends the other individual.
Assignment of Fault in Rear-End Collision Cases
There is a presumption in Florida that if a person rear-ends another person then the person who caused the collision is presumed to be negligent, Stated differently, the person is presumed to be at fault for the accident. That presumption can be overcome, however, depending on the facts of the case.
One common example is the sudden emergency doctrine. For example, the driver who rear-ended another vehicle had an emergency medical condition or a heart attack that caused them to be outside of where they normally would be. In addition, the vehicle in front of someone may stop suddenly and that causes a rear-end accident. Generally, there is a presumption of negligence in Florida when a person rear-ends someone. A Tampa rear-end accident lawyer may be able to disprove that presumption based on the various facts of the case.
How an Attorney Establishes Negligence
A Tampa rear-end accident lawyer can use a crash analysis, photographs, and videotapes of the accident from local businesses of the roadways or parking lots where these things happen to establish liability. Videos, witness statements, cellphone footage, cellphone records, the physical evidence at the scene, and the damage and location of the cars are all examined to determine whether they corroborate the cause of the accident.
Role of Comparative Negligence
Florida is not a contributory negligence State, it is a comparative negligence state. The authorities in Florida look at the facts surrounding the person inside the vehicle that was rear-ended. They consider a variety of possible factors including driving distracted, speed, use of the seatbelt, and others. Comparative negligence plays into what each driver was doing, their specific actions inside the car, and whether they were wearing a seatbelt. The defense lawyer tries to minimize or diminish the claim as much as possible.
Importance of Contacting a Tampa Rear-End Accident Attorney
It is important that you contact a Tampa rear-end accident lawyer after an accident so that you are protected, safe, and have access to the necessary knowledge. You should seek a lawyer who knows the system, the process, the adjusters, the policemen, and the investigators. The attorney should know what the insurance agents and insurance agents do behind the scene to gather evidence to diminish the claim.
It may be a case where you do not want a lawyer because you are not pursuing a personal injury claim. It may be a situation where you were not hurt and the accident caused only minor damage or minor inconvenience. You can try to negotiate with the insurance company, but you should not take that chance. If you take that chance and try to handle your claim without contacting a lawyer, you risk getting less compensation than what you may have gotten had you hired an attorney. In addition, not contacting a lawyer can result in missed or lost evidence, missed witnesses, or other helpful information. Those are some of the reasons why it is important to contact someone right away.