It is a commonly held belief that if you rear-end a vehicle, you are always 100 percent at fault in Florida. That is not quite true. In fact, there is a rebuttable presumption of fault. Attorney Paul Reed of Reed & Reed explains this subtle, yet important, distinction.
Florida’s Rebuttable Presumption in a Rear-End Collision
In a recent episode of Lawyer Podcast, attorney Paul Reed explained how Florida’s rebuttable presumption in a rear-end motor vehicle accident works by discussing a pending lawsuit he is handling. In that case, a 69-year-old gentleman (the “Plaintiff”) was traveling west along a two-lane road, approaching a railroad crossing. A tractor trailer hauling gasoline was traveling in the lane next to him with another semi-truck traveling behind him. As required by law, the gasoline tanker slowed down in anticipation of coming to a complete stop at the railroad crossing. With the gasoline truck slowing down and obscuring his vision to the left, and overgrown foliage obscuring his view to the right, the motorist began to slow down as well. At that point, the driver of the semi-truck behind the motorist blew his horn because he was unable to slow his vehicle down in time to stop. Understandably, the 69-year-old motorist mistook the horn to be a warning that a train was coming, causing him to completely stop his vehicle. Ultimately, the semi-truck behind the motorist rear-ended his vehicle.
Listen to Paul and Jason discuss this case on the LiveFeedReed podcast
Common law in the State of Florida has created a rebuttable presumption that a motorist who rear-ends another vehicle is responsible (at-fault) in a collision. In practice, this means that the law will hold you liable for damages if you rear-end another vehicle unless you can prove that you were not at fault. Typically, this means that you must prove that the vehicle in front of you made a sudden, unexpected stop.
As applied in this case, Florida law would initially hold the driver of the semi-truck liable for the Plaintiff’s damages and injuries, but the truck driver has the right to try and rebut that presumption to avoid some or all liability. In this case, the truck driver has asserted that the presumption of fault does not apply (essentially claiming to rebut the presumption of fault) by claiming that it was unreasonable for the Plaintiff to stop at the railroad tracks and that the motorist failed to signal his intent to stop.
For the Plaintiff’s attorney, the defendant’s attempt to rebut the presumption of fault effectively shifts the burden back to the Plaintiff to prove that the presumption has not been rebutted. In other words, the Plaintiff needs to convince the judge or jury that it was, in fact, perfectly reasonable for the Plaintiff to stop when, where, and how he stopped his vehicle. In this accident, the Plaintiff knew he was approaching a railroad track. In addition, his view of both ways along the railroad track was blocked, the vehicle next to him was stopping, and he heard a horn that he interpreted as a warning made by an approaching train. Together, these facts indicate circumstances under which a normal person would reasonably be expected to stop their vehicle, precisely as the Plaintiff did. Moreover, his brake lights were visible as he slowed down prior to coming to a complete stop.
The Importance of Having an Experienced Attorney on Your Side
Sometimes, liability in a motor vehicle collision is simple and straightforward; however, it is more likely that an at-fault driver or insurance company will try to avoid liability for injuries sustained in an accident. As you can see from the above facts, this is true even when the law creates a presumption of liability. Having an experienced and committed attorney on your side can be the difference between accepting a fraction of the damages to which you are entitled to for your injuries and receiving all the compensation you are entitled to for your physical and mental injuries.
If you have additional questions or concerns about a Florida motor vehicle accident, contact the car accident attorneys at Reed & Reed.