Rear End Accident Lawyer in Palm Coast, FL
Rear-end collisions occur frequently in Florida, and some cause significant injuries. If you have been injured in a rear-end car accident caused by another driver, you may be entitled to seek compensation from the at-fault driver for your medical bills and other accident expenses
Contact Chiumento Law, PLLC, for a no-obligation review of your legal options after a rear-end collision. Our attorneys have been representing injured people in Florida since 1973. We know how to hold insurance companies accountable and pursue the money you need. We are ready to stand up for your rights and guide you through the accident claims process. Call us at (386) 445-8900 to discuss your case with a Palm Coast rear-end accident lawyer.
What to Do After a Rear-End Collision
You should take action after a rear-end collision to protect your legal rights. Our attorneys can help you evaluate your legal options and start gathering evidence to hold the at-fault driver liable. If you wait too long, you might miss your opportunity to seek compensation in court.
In Florida, the statute of limitations gives you two years from the crash date to file a lawsuit. Four years might seem like plenty of time. But recovering from serious injuries and navigating the insurance claims process can take a year or longer. In the meantime, evidence can deteriorate or be lost if not preserved. Building a robust case can take months, so it’s best to start immediately.
Here are some steps you can take after a rear-end accident to protect your rights:
- Go directly to the hospital or visit your doctor within 24 hours. Medical records are important evidence after a rear-end collision. You must seek treatment and attend every necessary doctor’s appointment to show the extent of your injury and how it affects your life. Follow your doctor’s orders for follow-up care, such as physical therapy, prescription regimen, or surgery. Insurance companies look at gaps in treatment or inadequate medical care as evidence of a non-serious injury. They will likely deny your claim or offer a lower settlement than you need to compensate for your losses.
- Keep every document related to your accident while treating your injury. That includes your billing statements, prescriptions, hospital records, police reports, doctor’s notes, vehicle repair estimates, and health insurance letters. You need proof of the financial harm that you sustained in the crash.
- Consult a Florida rear-end accident lawyer at Chiumento Law, PLLC. Pursuing compensation might seem like a straightforward process. However, you should not handle your case alone. We can complete all the necessary steps on your behalf, from investigating the crash to filing an insurance claim to advocating for your rights in court. Your only responsibility during your ongoing case should be to focus on your recovery. Let us handle the rest.
Damages in a Rear-End Accident Case
A person injured in a rear-end collision might be entitled to seek compensation for the following losses:
- Medical expenses, such as hospital stays, doctor’s visits, specialists, diagnostic testing, physical therapy, and prescription medications
- Lost wages if you cannot work while you are injured
- Loss of future earning capacity if your injuries result in a permanent disability
- Physical pain and suffering
- Emotional distress
- Costs to repair or replace damaged personal property
Compensation Available Through Insurance in a Rear-End Car Accident
In Florida, every automobile owner must purchase a minimum of $10,000 in personal injury protection (PIP) insurance and $10,000 in property damage liability insurance. PIP covers the policyholder and household members, regardless of who is at fault for an accident.
PIP covers up to 80 percent of reasonable and necessary medical expenses, such as:
- Rehabilitation
- Prescriptions
- Doctor’s visits and medical exams
- Ambulance services
- Dental services
- Hospital stays
- Surgeries
- Prosthetic devices
- Diagnostic tests
However, to be eligible for PIP benefits, you must receive initial medical services within 14 days of the accident.
PIP insurance also replaces up to 60 percent of lost wages as a result of the accident.
Since rear-end accidents often cause significant injuries requiring months of treatment, an injured person may exhaust their $10,000 in PIP benefits.
PIP insurance is intended to reduce the need to file a lawsuit to seek reimbursement for medical expenses. But if your injuries are serious and your medical expenses exceed the limits of your PIP insurance policy, then you may have a right to file a claim against the at-fault driver’s liability insurance and file a lawsuit if necessary.
Florida law defines a serious injury as any of the following:
- Significant and permanent disfigurement or scarring
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability besides disfigurement or scarring
- Death
You may be entitled to seek compensation even if you were partly at fault for the rear-end crash. Florida’s pure comparative negligence rule allows a court to make a financial award for economic and non-economic losses based on each driver’s degree of responsibility.
For example, if you have $100,000 in losses, but the court assigns you 20 percent of the fault, the most compensation you would be eligible to recover would be $80,000.
Who Is At Fault for a Rear-End Collision?
State law requires every driver to maintain a safe distance from the car in front of them. Following another vehicle too closely can prevent a driver from braking or changing lanes in time to avoid a collision. In most cases, the driver in the rear vehicle is presumed to be at fault for a rear-end accident because they failed to keep a safe following distance. However, there are situations in which another party involved in the crash may be liable for resulting injuries and vehicle damage in a rear-end crash. For instance, the driver in front could be at fault if they slammed on their brakes without reason in an active traffic lane, causing the driver behind them to crash into them.
All motorists must use reasonable care behind the wheel. A driver who fails to do so is at fault, whether that is a driver who tailgates and rear-ends the car in front of them or a driver who needlessly slams on their brakes in front of another motorist.
Other parties who could be responsible for a rear-end crash include the following:
- A pedestrian who jumps in front of traffic or a bicyclist who disobeys traffic laws, causing motorists to slam on their breaks or swerve
- A government agency that fails to maintain the roads in safe condition leading to a crash
What Is a Rear-End Collision?
A rear-end crash is one of the most common types of traffic accidents. It occurs when the front of one vehicle collides with the rear of another vehicle. Rear-end crashes often happen because one driver follows another too closely.
A driver must keep enough distance between their car and the car in front to stop in time to avoid a collision. When someone steps on the brakes, the vehicle doesn’t immediately stop. A car can continue to travel a significant distance before coming to a complete stop, especially at high speeds. For example, a vehicle traveling 70 miles per hour needs almost 350 feet —more than the length of a football field—to come to a complete stop. Tailgating doesn’t allow enough space to stop safely and avoid crashing into the back of the vehicle ahead.
What Percentage of Accidents Are Rear-End Collisions?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 341,399 car accidents statewide in a recent year. While the state did not provide details on the angle of impact, we can use national figures to reach an approximate figure. At the national level, about a third of all reported collisions involved a front-to-rear impact. If this holds true in Florida, more than 100,000 crashes each year in Florida would involve rear-end collisions.
Speak to a Palm Coast Rear End Accident Attorney Today
A rear-end car accident can leave you in pain and struggling to get your life back on track. You might be unable to return to work for an extended period or care for your family. Having the help of a knowledgeable attorney offers the best chance of receiving the money you need to cover your medical bills and other losses.
At Chiumento Law, PLLC, we provide dependable legal services to accident victims in Florida. We have experienced car accident attorneys and two conveniently located offices that help us meet the legal needs of injured people throughout Flagler and Volusia counties. When you work with Chiumento Law, PLLC, you can have peace of mind knowing you’ll receive the support and guidance needed to work through this traumatic ordeal and move forward.
If someone’s negligent, reckless, or harmful conduct caused your injuries in a rear-end collision, call us at (386) 445-8900 or contact us online to speak to a Palm Coast rear-end accident attorney today.