A rear-end collision is an auto accident where a car crashes into another vehicle in front of it. Like other collisions, getting rear-ended can lead to considerable expenses like medical bills and auto repairs. Of course, this depends on how strong the crash impact was.
In any case, you do not have to shoulder the accident’s costs alone. If you got into a rear-end crash in Tampa, consider consulting with a Tampa car accident lawyer from the Law Offices of Anidjar & Levine first. A Tampa rear-end collision car accident lawyer will know what compensation options work best in your situation. They can also help you understand the laws affecting your case.
How to Get Compensated after Your Tampa Rear-End Car Accident
There are three main options for recovering damages after your Tampa rear-end accident:
- Use your PIP insurance
- File a liability claim
- File a lawsuit and take matters to court
The Tampa rear-ends car accident lawyer can help you gather proof of the accident and what you suffered because of it. Your evidence could include:
- Dashcam videos and surveillance footage,
- Eyewitness testimonies,
- Photographs of the car’s damage,
- Photographs of your injuries,
- and medical records for your injury
Using PIP Insurance First
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires Tampa, motorists, to carry Personal Injury Protection insurance or PIP. This pays for your injury-related expenses, such as medical bills.
However, PIP prevents you from recovering non-economic or pain and suffering damages. On the other hand, it will shoulder your expenses no matter who is more liable for the rear-end car accident.
When Are Third-Party Actions Available?
You can only qualify for third-party injury actions if your medical condition is severe enough to meet Florida Statutes § 627.737. Losing a loved one also makes you eligible for damages from the liable driver.
Liability Claims Vs. Lawsuits: What to File
Besides helping you find evidence of the crash, the Tampa rear-end car accident lawyer can also guide you on whether to file a liability claim or lawsuit. While both can help you recover damages, one option may be more suitable than the other based on the circumstances.
If the driver who caused the accident has injury liability coverage, you could file a claim with their car insurance company. However, this coverage isn’t required in Florida, so many drivers may not carry it. This means you might have to file a civil lawsuit against the driver instead. In a lawsuit, the court will decide how much you can receive from the other party.
The rear-end collision attorney can represent you when going to court or negotiating with the insurance company. They will know how to present the case persuasively.
Damages in a Rear-End Collision Settlement
If you settle the Tampa rear-end accident case, you can recover damages compensating for your expenses and suffering. These typically include:
- All relevant medical expenses, such as hospitalizations, surgical procedures, and doctors’ appointments
- Past, current, and future lost wages due to your injury
- Auto repairs and other property damages
- Emotional anguish and trauma
- Disabilities
Compiling as many records of your expenses as possible will help the Tampa car accident lawyer estimate your case value more accurately. However, remember that sharing some fault in the accident can reduce your damages in liability claims and lawsuits. For example, if you are 30 percent liable, the other driver only owes you 70 percent of the total settlement.
How Our Law Firm Can Help With Your Rear-End Accident Case
When you hire an accident attorney from our firm to represent you, they will investigate the details of the collision. Through this process, they will aim to identify a liable party and hold them responsible.
Investigating a Rear-End Collision
If another party was driving too fast, texting while driving, driving while intoxicated, or engaging in other reckless behavior, they might be liable for the accident and your injuries.
Your accident lawyer can typically begin the investigation process shortly after taking you on as a client. In gathering evidence, your attorney may look to collect the following:
- Cell phone records
- Police reports
- Witness reports
- Photos
- Video footage from dashboard cameras
- Surveillance camera footage
Communicating With Other Parties and Negotiating a Settlement
In addition to investigating the crash, a lawyer from our firm can speak with other parties related to your case as needed. When you have us on your side, we will work to establish a liable party by speaking with witnesses, law enforcement, and other drivers on your behalf.
If other drivers, insurance adjusters, law enforcement, and medical professionals need to gather information on your involvement in an accident, our lawyers can handle these conversations for you.
We will also investigate the accident, establish liable parties, and pursue any forms of monetary compensation that you may be owed. We can help you file a lawsuit and fight for you in court if the other party does not agree to a fair settlement.
Time Limit for Taking Legal Action After a Florida Accident
A statute of limitations can affect your case, depending on the details of your situation. For example, as the statute of limitations in Florida Statute § 95.11(3)(a) states, if you suffer a personal injury in Florida, you have a specific time limit for taking legal action.
Failing to act within the statute of limitations may leave you without a clear route to justice. With a proactive approach, you can ensure you meet the deadline while giving your legal team time to address the key issues surrounding your case.
When is a Driver in the Leading Position At-Fault?
In a rear-end accident, the vehicle driver that strikes another from behind is usually assumed to be at fault. However, this is not always the case. Drivers in the leading vehicle can also act negligently and cause an accident.
For example, if a driver suddenly stops and is hit from behind, they may be found at fault if their brake lights are not working properly or they were driving recklessly. However, this argument can be difficult to prove, as drivers should always leave plenty of room between themselves and other vehicles.
It is important to remember that both drivers have responsibilities for preventing rear-end accidents. An experienced car accident lawyer can evaluate your accident and tell you whether you have a case.
Common Causes of Rear-End Car Accidents
Rear-end car accidents can occur when a driver fails to leave enough space between their vehicle and the one in front of them or fails to slow down or stop in time.
In most rear-end collisions, some form of driver error is present. Several factors can impact liability, a key component in a personal injury case. If another driver’s misconduct, negligence, or recklessness caused an accident you were affected by, you might be eligible for financial compensation.
Distracted driving is a major cause of rear-end accidents. Speeding and following improper distances are also common in this type of collision. As the Federal Motor Carrier Safety Administration (FMCSA) points out, maintaining a safe following distance is a vital component of a defensive driving strategy.
A mechanical failure or a hazardous road condition can cause a rear-end accident. In rare cases, the driver in front could be to blame.
Rear-End Accident Injuries
Rear-end collisions are one of the most common car accidents and can cause many injuries. The severity of these injuries depends on the speed and weight of the vehicles involved and other factors, such as whether people were wearing seatbelts and whether airbags were deployed.
Common injuries caused by rear-end accidents include:
- Whiplash injuries
- Neck strain
- Back pain
- Soft tissue damage
- Head trauma
- Broken bones
- Internal organ damage
- Spinal cord injuries
- Traumatic brain injuries
If you have been injured in a car accident, seeking medical attention as soon as possible is important. Getting prompt medical treatment is important to your health and your financial future.
Contact a Tampa Rear-End Collision Lawyer
Like any car accident, a rear-end collision can turn your world upside down without warning. When you are forced to simultaneously confront legal, financial, and health concerns, getting your life back together can seem hopeless. Contact a lawyer to help reduce your stress and give you time to heal.
A rear-end collision lawyer from the Law Offices of Anidjar & Levine will defend your legal rights during this challenging time. Our Tampa team will work to uncover the cause of your collision and uphold your position of innocence. Contact us today for a free consultation.
We Can Help.
