The majority of rear-end collisions result from tailgating, inattention, or speeding and can cause injuries. While it is true that there is a presumption the person rear-ending another vehicle is typically at-fault, you will still need to demonstrate their liability when claiming your injuries.
A St. Petersburg rear-end accident lawyer will not only protect your rights and best interests but also ensure that you receive fair injury compensation. Car insurance companies are notorious for the efforts they make to minimize or outright deny an injury claim. This is can also be true for rear-end collisions, where they will try to use Florida’s comparative fault laws to their advantage and deflect liability directly on to you. Thus, hiring experienced counsel to represent your case is of critical importance.
Not maintaining enough stopping distance is the most common cause of rear-end car accidents. When a car follows too closely, there isn’t enough distance or reaction time to hit the brakes and avoid running into the motor vehicle ahead. Another situation where a rear-end collision may arise is a stopped driver anticipating the car ahead to take off when the light turns green. The rear vehicle may make a negligent assumption and hit the gas, propelling themselves forward into the still stopped car.
In addition to these frequent types of rear-end collisions in St. Petersburg, these accidents also occur because of:
- Inattention to the road or distraction while driving;
- Slowed or impaired reaction time to stop;
- Traveling too fast in poor weather conditions;
- Loss of control; or
- Road rage.
It’s also important to understand that rear-end collisions can be just as bad as being struck head-on or from the side. Getting rear-ended by another car can cause serious whiplash, traumatic brain injuries, and even death, depending on the circumstances of the crash.
After any motor vehicle accident, St. Petersburg law enforcement will conduct a crash investigation to determine who is at fault and note their findings in a report. Typically, anyone that rear-ends another car is liable for the crash unless there is evidence that the driver of the struck vehicle had somehow contributed to the accident.
Florida Statute § 768.81 holds victims accountable for contributing negligence that led to their injuries, if applicable to their case. If the insurance company or other driver can prove you had a hand in the accident that caused your injuries, then your compensation is reduced in kind. The insurance companies or attorneys for Defendant may try to overcome the rear-end collision presumption of negligence by stating you committed a sudden stop, thus shifting the negligence to you. Therefore, you must hire an experienced personal injury attorney to prevent liable parties in your lawsuit from deflecting blame on to you.
One of the first steps an experienced St. Petersburg car accident attorney will take is to establish that the at-fault driver is liable for the rear-end collision that injured you. This is accomplished by requesting the police report, gathering copies of any issued citations, get copies of any accident scene photos, and get witness statements.
These pieces of information are essential to building a successful personal injury case because there may be incriminating statements made to the police at the scene or witness observations that can support the circumstances of the crash. Your lawyer will be able to demonstrate that you had no liability whatsoever in the other driver’s negligent rear-ending of your vehicle. An expert in accident reconstruction may also be necessary if there aren’t any independent witnesses, any photographic evidence, or the police report doesn’t accurately describe what occurred.
After suffering a rear-end accident in St. Petersburg, you may not be sure of your next steps or whether your injuries are enough of a “big deal.” Your first step is to hire a car accident attorney with a demonstrated track record of successfully litigating rear-end collision personal injury claims.
Trying to represent yourself can be difficult if you are still recovering from your accident experience trauma. Trust Marsalisi Law to take this burden off your shoulders so that you can focus on your recovery while we handle the complex process of rear-end accident claims. From interviewing witnesses to gathering documentation of your injuries and the accident, we will prevent the insurance company and negligent driver from minimizing your just recovery.
Attorney Frank P. Marsalisi is a proud member of the Tampa Bay Trial Lawyers Association. This membership highlights his dedication to success when representing his clients for personal injury compensation. Our firm is fluent in English and Spanish, allowing you to communicate your needs or questions and get the answers you need. Contact our office online today or call (727) 800-5052 for a free case evaluation to learn what your rights are and how to proceed with your case.
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“You can’t go wrong with Frank Marsalisi!”
Frank was referred to me by a former client of his after my accident with nothing but great reviews, both professionally and personally. From day one there was a level of comfortability and trust built based on what would be in my best interest moving forward. Never once did Frank make my case about what was in it for him but about healing my injuries in order to move on as normal as possible with my life.
“One of a kind lawyer …brilliance!”
Frank has exceptional auto accident liability law abilities and he is also very well-versed in state auto insurance laws. One of the things I like about Frank is that he never tried to sugar coat anything for me. If we were headed for trouble, he would let me know what the trouble was and what our options were. I always appreciated his honesty. This is trait that I do not find in many of today’s lawyers but Frank has performed integrity well beyond his means.
– Ms. C. M. Fraser