Is it Your Fault for Rear Ending Someone in a Rear End Crash?
Is It Your Fault for Rear Ending Someone in a rear end crash?
By: Renee Dial
I have actually had clients with this same issue. Most assume that when they rear end someone causing a rear end crash that the law states that it is their fault. This is incorrect thinking and the car in front that caused the car accident may be responsible for your injuries so you should call a Melbourne and Palm Bay Florida car accident attorney at DKN Legal to help you fight the insurance company and in some cases the citation.
In auto accident cases drivers have a duty to use reasonable care and if they do not use reasonable care then they may be negligent even if they are the lead car in a rear end crash. The Standard Jury Instruction for Negligence is below.
“Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” Read More
So if a driver slams on the brakes stopping short and you were driving reasonable and maintaining a safe distance the lead driver may actually be the responsible party. The Florida Driving Handbooks states:
“Minimum Safe Following Distances
Leave plenty of space between you and the car ahead. If it stops quickly, you will need time to see the danger and stop.
Using the Two-Second Rule
At any speed, you can use the two-second rule to see if you are far enough behind the car in front of you:
- Watch the vehicle ahead pass some fixed point – an overpass, sign, fence corner, or other marker.
- Count off the seconds it takes you to reach the same spot in the road (“one thousand and one, one thousand and two…”).
- If you reach the mark before you finish counting, you are following too closely. Slow down and check your following distance again.
The two-second rule applies to any speed in good weather and road conditions. If road or weather conditions are not good, double your following distance. You should also double your following distance when driving a motor home or towing a trailer.”
I typically leave way more distance than 2 seconds between me and the car in front of me. Another situation occurs when a person stops on a busy roadway for no apparent reason and where no reasonable person would expect a car to be stopped.
If you are injured in an auto crash, motorcycle crash, bicycle crash, or hit by car walking down the road call Renee Dial at DKN Legal for a free consultation. (321) 329-5449 ext 1 DKN Legal, PLLC “Your Community Your Attorneys”
Our office provides FREE CONSULTATIONS for personal injury cases.
If you have questions regarding bicycle crashes, automobile and motorcycle collisions in Melbourne, Palm Bay, Patrick Air Force Base, Cocoa, and the beaches. Or if you have any questions regarding insurance coverage on your auto or motorcycle please do not hesitate to contact Renee Dial at (321) 329-5449 ext 1 or press 4 for new clients.
Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.