Who’s At Fault If I Rear Ended Someone Who Stopped Suddenly?

Most people will tell you that if you hit another vehicle from behind with your car – a rear-end accident – you will be found to be at fault. But that’s not always the case. If the car in front stopped suddenly, you may be able to hold that driver liable for the accident.

If you’ve been in a rear-end car accident that has left you injured or with extensive damage to your vehicle, you should speak to an experienced rear end accident lawyer as soon as possible, regardless of which car you were in.

Police and the courts will reflexively blame the trailing car in a rear-end accident. But a rear-end accident lawyer from Chiumento Law, PLLC in Palm Coast, Florida, will listen to your side of the story and seek out the evidence that supports your claim. If someone stopped short and caused the accident that injured you, we will help you seek compensation for your losses.

Contact Chiumento Law online or at (386) 445-8900 for a no-obligation review of your legal options after a rear-end collision.

Why Is the Trailing Driver Normally Liable in a Rear-End Accident?

It is true that in most cases, the driver of the vehicle at the rear of a rear-end accident is considered at fault. Florida law makes “following too closely” a violation of traffic law, which can result in a ticket. Drivers are required to “not follow another vehicle more closely than is reasonable and prudent,” given the speed of the vehicles, amount of traffic and other road conditions.

Florida’s “following too closely” statute does not define “reasonable and prudent,” but it requires groups of drivers traveling together (“in a caravan or motorcade”) to leave enough space between vehicles that another vehicle can “enter and occupy such space without danger.” This would be more than a single “car length.”

The impact of the law is that it establishes a legal duty to act with reasonable care by maintaining a proper following distance in traffic. This has led Florida courts to adopt a presumption of negligence (failure to exercise reasonable care) on the part of the “following” driver in rear-end accident cases.

If the Leading Driver Makes a Sudden Stop, Aren’t They Liable for the Car Accident?

If you face the presumption of negligence because you were the driver in the rear position of a rear-end accident, this doesn’t mean you will automatically be found responsible for the crash. But it does put the burden on you to persuade the court that the other driver was at fault, such as because they stopped suddenly.

To do so, you may be able to show that the other driver:

• Suddenly stopped for no apparent reason
• Slammed on the brakes in a fit of road rage
• Braked suddenly and sharply (“brake checking”) to stop your alleged tailgating
• Did not warn you of their sudden stop because their brake lights did not work
• Intentionally stopped short to cause a rear-end accident and attempt insurance fraud.

If you are represented by Chiumento Law in a disputed rear-end accident personal injury claim, our legal team will investigate to determine why the other driver suddenly stopped and caused the accident.

We would seek information from such sources as:

• Accident report filed by police
• Statements from accident witnesses, including you and your passengers
• The accident scene and/or crash-scene photos
• Vehicle damage
• Surveillance camera footage, such as may be available from stores, ATMs, public buildings, etc.

If contacted promptly, we can gain access to the other driver’s vehicle and its event data recorder (EDR or “black box”) before it is reset or the car is junked. These devices, which have been required in new cars since 2015, record a vehicle’s speed, braking, gear, acceleration, steering trajectory and more from 5 seconds before a collision to 5 seconds afterward. If the driver ahead of you slammed on their brakes just ahead of a crash, data from the vehicle’s EDR should show it.

What If Both Parties Are at Fault?

If your claim goes to court, it is possible for a jury to decide that, even with a driver stopping short ahead of you, you should have avoided the rear-end accident. This will decrease the amount of compensation (damages) you may recover for medical expenses, vehicle damage, lost income and/or your pain and suffering.

Since a 2023 change in the law, Florida jury awards in personal injury claims follow a doctrine of “modified comparative negligence.” Under this standard, if a jury awards compensation to the plaintiff in a personal injury claim, it must then determine whether the defendant and plaintiff share responsibility for the injury. It there is blame on both sides, the jury must assign a percentage of liability to each party. Then, compensation is reduced according to the plaintiff’s share of fault.

For example, if a jury assigned 60% of the fault to the defendant (the driver who stopped short) and 40% to the plaintiff (for following the closely), the amount of compensation the plaintiff would receive would be reduced by 40%. A $100,000 award would yield only $60,000.

But, if a jury finds a plaintiff to be more than 50% at fault for the accident/injury under consideration, they cannot recover any damages.

Chiumento Law will demand maximum compensation for you in a personal injury claim. If your case goes to court, your attorney will be prepared to respond to any evidence presented by the opposing side of your responsibility for the accident.

Get Help from Our Palm Coast Car Accident Lawyers

If you know that you were not at fault for a rear-end car accident that has injured you or a loved one in the Palm Coast, Florida, area, you have legal recourse. A rear-end car accident lawyer from Chiumento Law, PLLC will hear you out and take up your fight for justice if another driver’s negligence caused your injuries. We will fight to recover full compensation for the costs and losses you have unnecessarily suffered.

An initial legal consultation is free, and if we can pursue a claim, we will not charge for our services unless we recover money for you. Call us at (386) 445-8900 or contact us online to speak to a Florida rear-end accident attorney today.