Tampa Rear End Collision Car Accident Attorney
Results Oriented Tampa Rear-end Collision Car Accident Lawyer
Rear-end collisions are common occurrences throughout Florida. According to the National Transportation Safety Board, more than half of the accidents involving two vehicles were rear-end collisions. Rear-end collisions typically occur when traffic slows down or stops, and a driver fails to do the same, crashing into the rear of another vehicle. What begins as a two-car accident, can quickly turn into a multiple-car chain reaction of collisions. These can cause extensive property damage to the vehicles and serious injuries to their occupants. An experienced rear-end collision car accident lawyer from the Tampa law firm of Kinney, Fernandez & Boire helps victims obtain the compensation they need and deserve from the driver that was at fault.
Duty of care owed to others and causes of rear-end collisions
Successful recovery of compensation for damages arising from a rear-end collision car accidents will depend on your attorney’s ability to produce evidence proving negligence on the part of another party. This evidence must show:
Existence of a duty of care
Motorists owe a duty of care and are obligated to other drivers, pedestrians and anyone using Florida roads and highways to maintain control over their vehicles, keep a lookout for others and operate their vehicles as not to cause harm to others.
Breach of the duty of care
Engaging in conduct that violates the duty of care, such as speeding, failing to yield and other behaviors.
Evidence must prove the breach of the duty of care caused harm to another person.
The injured party, referred to as the “plaintiff,” suffered harm due to the conduct of the other party.
Rear-end collisions can result from any of several types of behavior on the part of a driver constituting a breach of the duty of care owed to others. Here are some of the most common causes of rear-end collisions:
- Tailgating or following too closely: Drivers that fail to leave sufficient distance between themselves and vehicles in from of them run the risk of crashing into the rear of a car that stops suddenly.
- Distracted driving: Talking on the phone or texting while driving are only two of the many activities that can divert a driver’s attention from the road and cause a rear-end collision. Other distractions include tuning the radio, programming a GPS, talking to other occupants of the vehicle or turning to correct children in the back seat.
- Speeding: Driving more than the posted speed limit can make it difficult to stop in time to avoid a rear-end collision when coming up on slower moving traffic.
- Alcohol and drugs: Driver impairment due to driving while under the influence of drugs or alcohol can make it difficult to stop or slow a vehicle in time to avoid a collision.
- Weather and road conditions: Drivers must remain aware of weather and road conditions and adjust their driving behaviors to accommodate them. Rain and fog can reduce visibility or make roads slippery. Road construction and objects in the street can result in sudden stops by other vehicles.
A driver must maintain control over his or her vehicle at all times regardless of the conditions they encounter.
Injuries associated with rear-end collisions
Rear-end collisions exert a tremendous amount of force on the vehicles involved in the crash as well as on their occupants. The impact causes drivers and occupants to be uncontrollably jerked, resulting in a variety of physical injuries, including the following:
- Whiplash: When your vehicle is truck in the rear, your head and neck suddenly and forcibly snaps forward and backward. The violent movement can cause serious neck and back injuries. The symptoms of a whiplash injury could take hours or days after the collision to fully develop.
- Herniated disks: Herniation of the disks in your neck and back can result in pain in the affected area and numbness and tingling sensations in your extremities. A herniated disk can also cause full or partial paralysis.
- Brain trauma: The violent movement of your neck and head in a rear-end collision can cause serious injury to your brain – even if you do not suffer a direct blow to the head. The movement of your brain within the skull can cause a brain injury. These vary from a mild concussion, which goes away over time, to a traumatic brain injury that could leave you with a long-term disability.
Other injuries frequently associated with rear-end collisions include broken bones, lacerations, bruises and contusions, and sprains and strains.
Proving fault in a rear-end collision
It’s critical that you hire a Tampa rear-end collision car accident lawyer that understands the law and has the experience to apply the facts. The attorneys at Kinney, Fernandez & Boire carefully examine your accident to gather evidence that proves the negligence one of the drivers. This is especially important in Florida. Under Florida law, a driver is obligated to act reasonably, adjusting the distance between themselves and other vehicles in from of them according to the speed and traffic conditions existing at the time. Failure to do so means that the driver of the rear vehicle is presumed responsible.
There are existing court decisions where drivers offered evidence that proved the cause of the accident was the negligence of the motorist in the lead vehicle. For example, evidence might reveal that the driver of the car in front suddenly braked without any reason for doing so. A driver who abruptly cuts in front of another vehicle while passing might be at fault in causing his or her car to be struck by the trailing motorist. Evidence overcoming the presumption could allow the occupants of the rear vehicle to make a claim for compensation for their injuries.
A Tampa rear-end collision car accident lawyer can help
If you are injured, a rear-end collision car accident lawyer from Kinney, Fernandez & Boire provides the superior legal knowledge and litigation skills needed to fight your case. Our skilled attorneys offer a complimentary consultation, examine and gather evidence, and work to prove negligence against the party responsible for causing your accident. Learn more about how a Tampa rear-end collision car accident lawyer can help you by contacting us today to schedule a consultation.
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