Reasons You May Not Be at Fault in a Rear-End Collision in Florida

If you ask the average motorist in Florida who is at fault in a rear-end collision, they will likely tell you that the driver who rear-ended another vehicle is automatically at fault. This is one of the many examples of how the law can be misconstrued by the general public. While you are likely to be found at fault if you rear-end someone in the State of Florida, the law does not automatically find you to be at fault in a rear-end collision. To help clear up the confusion, attorney Paul Reed takes the opportunity on the latest episode of Lawyer Podcast to explain several common reasons why you may not be at fault in a rear-end collision in Florida.

Rear-End Collisions and Florida Law

In the State of Florida, as is the case in most states, there is a presumption of fault on the part of a motorist who rear-ends another vehicle in a collision. The rule was originally established by the Supreme Court of Florida in Bellere v. Madsen back in 1959 in which the court held that the burden is on the defendant in a rear-end collision to prove why they are <>not at fault. The Supreme Court’s reasoning for shifting the burden was a perceived need to lessen the burden on the victim to prove that the vehicle who rear-ended them was negligent.  The rationale behind the rule was a commonsense belief that motorists are typically focused on things happening in front of them instead of those occurring behind them. While 21st century technology makes it easier to see what is happening behind us while driving, the underlying logic still applies. When you are driving, you undoubtedly focus the majority of your attention on the traffic in front of you so that you can react quickly if circumstances require it.

Although the law in Florida has long imposed a presumption of negligence on a motorist who rear-ends another vehicle, that presumption is rebuttable. In practical terms, this means that if you are able to provide a good reason why you rear-ended another vehicle, you may be able to escape a finding of negligence and avoid liability for the collision.

Reasons that Can Rebut the Presumption of Negligence

While the law presumes you are at fault if you rear-end another vehicle, the law also recognizes that there are circumstances in which a driver should not be held legally liable despite the fact that they rear-ended a vehicle. Commonly accepted reasons that can be used to rebut the presumption of negligence in a rear-end collision include:

• Abrupt and Arbitrary Stop: If the lead vehicle made an “abrupt and arbitrary stop at a time and place where it could not have reasonably been expected” it may suffice to rebut the presumption of negligence. While the language may sound broad, this reason has been narrowly interpreted by courts. Imagine, for example, that four vehicles are stopped at a red light. When the light turns green, the vehicles begin moving through the intersection; however, the third car stops suddenly in the middle of the intersection, causing the fourth car to rear-end it. In that case, the driver of the fourth car could not anticipate such an abrupt stop in the middle of an intersection when the light was green, providing the driver with a reason to rebut the presumption of negligence. Conversely, if you rear-end a vehicle that makes a quick stop during bumper-to-bumper rush hour traffic, you will likely not be able to rebut the presumption of negligence because you should have anticipated quick and unexpected stops under those conditions.
• Mechanical Failure: This refers to things such as a sudden and unexpected brake failure that causes you to rear-end the car in front of you. This reason is likely to apply if your vehicle is new, or you have meticulously kept up with maintenance but will probably not work if your vehicle is older, and you cannot provide maintenance records.
• Illegal Conduct: If the vehicle in front did something illegal, it may provide the basis necessary to rebut the presumption of negligence in a rear-end collision. For instance, if you rear-end a vehicle that was in the process of cutting across your lane of traffic to conduct an illegal U-turn, you may be able to successfully rebut the presumption of negligence.

Tips for Avoiding a Rear-End Collision

Although it is possible to rebut the presumption of negligence in a rear-end collision, it is best to try and avoid them altogether. Toward that end, attorney Paul Reed offers two important tips:

• Slow Early: As you approach an intersection, start slowing down well ahead of time. This helps prevent you from rear-ending the vehicle in front of you and helps warn the vehicle behind you to start slowing in time to prevent them from rear-ending your vehicle. This also applies when you see traffic slowing or stopping ahead of you because of road construction or a collision.
• Leave Room: As you approach stopped traffic, leave extra room between your vehicle and the vehicle ahead of you. This allows you space to maneuver if a vehicle behind you appears to be moving too fast to safely stop. Having sufficient room to switch lanes or even pull off the roadway can prevent you from being rear-ended if the incoming vehicle fails to stop in time.

If you have questions or concerns about a rear-end collision, contact the experienced personal injury attorneys at Reed & Reed.