Miami Rear-End Accident Lawyers
Rear-End Collisions in Florida
Rear-end collisions, in which a motorist hits another vehicle from behind, are some of the most common types of all car accidents. While some rear-end accidents are simple fender-benders, others result in catastrophic injuries or deaths.
If you or someone you love was involved in a rear-end collision in Miami or anywhere in South Florida, reach out to the team at Amanda Demanda Law Group. You could be entitled to financial compensation for your accident-related damages, such as medical expenses and lost wages. Depending on the circumstances of the crash, you could also be entitled to bring a personal injury or wrongful death lawsuit against the liable party and seek additional compensation for losses such as pain and suffering, emotional distress, and loss of love, support, guidance, comfort, and society.
Our experienced attorneys provide aggressive representation, coupled with compassionate and personalized legal counsel. We are here to help you navigate your recovery and fight for the full, fair amount you are owed.
Call our office today at (305) 998-6953 or reach us online using our secure contact form to request a free, no-obligation consultation. Hablamos español.
Is the Rear Driver Always at Fault for a Rear-End Collision?
Although the rear driver in a rear-end collision is often assumed to be at fault, this is not always the case. Sometimes, the front driver may be partly to blame, or there could be multiple at-fault parties when more than two vehicles are involved in the accident.
The rear driver may not be entirely at fault for a rear-end accident if:
- The front vehicle had one or both taillights out
- The driver of the front vehicle stopped suddenly or illegally
- The driver of the front vehicle was distracted, drunk, or driving erratically
- The driver of the front vehicle changed lanes or merged suddenly into the rear driver’s lane
- There were multiple parties involved in the accident
That being said, all motorists have a responsibility to pay attention to the road ahead of them and keep a safe distance from other vehicles. Following too closely, texting while driving, or driving while under the influence of alcohol or drugs could all lead to a serious rear-end collision. If the rear driver failed to uphold their duty of care to others on the road, they could be liable for the victim's injuries and accident-related damages.
Does No-Fault Insurance Cover Rear-End Accidents?
In Florida, no-fault insurance covers most rear-end accidents. This means that you do not necessarily need to prove that someone else was at fault to recover compensation for covered damages after a rear-end collision. Even if you were the driver of the rear vehicle, you could be automatically entitled to compensation for up to 80% of your medical expenses and up to 60% of your lost wages if you suffered an “emergency medical condition” (EMC).
However, it is important to note that no-fault insurance, or personal injury protection (PIP), does not cover all accident-related damages in Florida. Not only does it only cover a portion of your lost wages and medical expenses, but it also does not cover any of your non-economic damages, such as pain and suffering. Additionally, if you did not sustain an EMC (as defined by the state), you are only entitled to $2,500 in PIP compensation.
How Amanda Demanda Law Group Can Help
If you were involved in a rear-end accident, our firm is ready to fight for you and the fair compensation you deserve. We can review your case at no cost and determine whether you are entitled to PIP compensation, have grounds to file a third-party insurance claim against the at-fault driver’s insurance provider, or are eligible to bring a lawsuit directly against the liable party. Our Miami rear-end accident attorneys have extensive experience with these types of car accident claims and know how to effectively advocate for you.
We will handle every legal detail of your case, from gathering important evidence to negotiating with the insurance company on your behalf. We are even prepared to take your case to trial if necessary and can assist you in working to have your medical bills lowered (in some cases). For more information, reach out to Amanda Demanda Law Group today and set up a complimentary consultation with a member of our team.
Call (305) 998-6953 or contact us online to get started.
When Can You Sue Someone for a Rear-End Accident in Florida?
If you wish to go outside the no-fault system and sue a negligent motorist for compensation after a rear-end collision, you will need to prove several things. First, you must prove that the other driver was at fault for the accident and that the accident caused your injuries and resulting damages. If you were partly to blame for the crash, you may still file a claim, but you will be unable to recover the full amount you are seeking in damages. Instead, your recovery will be reduced by your percentage of fault.
Additionally, you can only go outside Florida’s no-fault system if you can prove that you have a “serious injury,” as defined by the state.
To meet the state’s serious injury threshold, your injury must lead to one of the following:
- Permanent injury
- Permanent/significant scarring or disfigurement
- Permanent/significant loss of a bodily function, system, or member
Injuries that result in death are also classified as “serious injuries” in Florida, meaning you can go outside the no-fault system and sue a liable party if your loved one passed away due to a rear-end accident.