TAMPA REAR-END ACCIDENT LAWYERS AND INJURY ATTORNEYS:
Rear-end accident lawyers deal with some of the most common types of automobile crashes in the United States and the Tampa Bay area of Florida with whiplash being the most frequent type of injury when a victim is hit from behind by another vehicle. Rear-end collisions often occur due to distracted driving, following too closely, and poor weather conditions.
According to the NHTSA (National Highway Traffic Safety Administration), rear-end collisions account for an estimated 23%-30% of all car accidents and occur nearly 1.7 million times per year in the United States.
Common Injuries suffered from Rear-End Collisions include whiplash, neck and back injuries, brain and spinal cord injuries, and injuries sustained as a result of airbag deployment.
For over 25 years, our Tampa car accident lawyers have represented injured people of the Tampa Bay area who are seeking compensation for injuries or damages sustained from automobile crashes, injuries caused by DUI and drunk driving, motorcycle and large truck crashes and more in both State and Federal courts.
Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics. Our personal injury attorneys are supported by a superior staff of legal assistants and expert witnesses. When our law firm represents you, multiple lawyers and legal specialists work together on your case to get you the results you deserve.
There are no costs or fees unless we obtain a settlement for you. – View our recent Personal Injury Settlements and Results
Our Tampa REAR-END ACCIDENT Lawyers are ready to provide you with a detailed consultation for FREE!
Who is liable in a rear-end collision?
The majority of rear-end accidents often the fault of the tailing driver for not paying attention or something similar. In Tampa and the rest of Florida, the driver in the back is usually liable for any damages, and most of the time that is correct. However, the leading party can also be found liable in some cases.
To establish fault in Tampa rear-end collisions, a plaintiff has to prove the other driver was negligent in fulfilling their duty to exercise reasonable care when operating a motor vehicle and that injury or damages occurred as a result of that negligence.
The tailing driver can often be found negligent when they follow too closely or don’t leave enough distance between them and the car in front of them, making it difficult to avoid a rear-end collision when the leading car has to make a sudden stop. In many cases, drivers who rear end a vehicle might still be held partially responsible for the accident, even if the leading driver was also found responsible in part.
The leading driver can be held responsible in situations where they stop without warning, put the car into reverse suddenly, or if the driver’s brake lights are malfunctioning or not working. If a driver breaks down and fails to engage hazard lights, then becomes rear-ended, they will also likely be held responsible in part for the accident.
Florida is one of 13 states that follows comparative negligence, which assigns a percentage of fault to each party. The damages are then apportioned out accordingly. In other words, if someone is 95% at fault, they could still recover 5% of damages.
How a REAR-END ACCIDENT Lawyer helps victims get compensation:
In order to build your case, our team of injury attorneys will rely on several resources, including but not limited to:
- Expert witness testimony from medical professionals regarding the accident victim’s injuries
- A prognosis for recovery provided by medical professionals for the accident victim
- Statements from any witnesses to the accident
- Photos or videos from the scene of the accident and the vehicles involved
- Testimony or findings from accident reconstruction experts including weather conditions
Elements that establish negligence OR LIABILITY:
- Proving the party at-fault owed the victim a duty of care
- Proving the party at-fault breached the duty of care
- Proving the breach of duty by the party at-fault resulted in the accident involving injury
- Proving that actual damages were incurred by the victim
A REAR-END accident lawyer and injury attorney can often negotiate a larger settlement.
A rear-end collision accident lawyer will give the Plaintiff a huge advantage by ensuring plenty of evidence of medical expenses and other associated costs of the accident is presented along with police reports, witness accounts, and careful inspection of the damages sustained to the vehicles.
It can still be difficult to prove who is at fault in a rear-end accident and sometimes both drivers may end up suing each other. And in Florida, comparative negligence can determine both parties are responsible for a percentage of the fault. Our accident lawyers are ready to protect the rights of our clarinets, deal with claims adjusters and lawyers, negotiate with insurance companies on the behalf of victims and take any case to court if an acceptable settlement can’t be reached.
What happens if a person is rear-ended by someone driving without insurance?
Everyone who drives in Florida is supposed to meet minimum insurance requirements which includes $10,000 in Personal Injury Protection (PIP) as well as $10,000 in property damage liability insurance. But not everyone complies, many drive without insurance or are underinsured.
However, Florida is a no-fault law state, which allows victims to collect against their own insurance policies. But in situations where injuries from a rear-end collision are severe, a personal injury claim is imperative. And hiring a personal injury lawyer is essential to recovering maximum damages for pain, suffering, medical bills, lost wages and more.
Even in situations where the liability is certain, the amount that is paid out is dependent upon a scale. Payout amounts are calculated by insurance adjusters. The extent of a victim’s injuries will need to be very detailed, including medical bills and doctors records. There are important procedures to follow and deadlines that cannot be missed. Our rear-end accident lawyers are experienced and very aggressive when seeking proper justice for our clients.
Common Rear-end collision injuries
Whiplash: The most commonly cited injury from rear-end collisions is whiplash, which is caused by a sudden and violent movement of the head and neck. Many drivers who are hit from behind are often unaware they’re about to be in an accident, which increases the chances of their injuries becoming even more severe.
With no time for a victim to brace for impact, muscles tend to be relaxed, allowing the back, neck and head to move more violently. Serious injury often occurs from whiplash.
Over 80% of people who suffer an injury from whiplash will experience soreness and pain for over a week, with over 50% reporting pain and soreness lasting more than a year. – source: National Safety Council
Neck and Back Injuries: Serious neck and back injuries can be caused even at low speeds and rear-end collisions tend to amplify the intensity of injuries. The force of a rear-end crash can put incredible pressure on vertebrae and can compress the upper spinal column and discs in the neck, resulting in a great deal of pain.
Brain and Spinal Cord Injuries: Rear-end accidents often result in damage to the brain or spinal cord. If the spinal cord becomes damaged, loss of mobility and feeling below the injured area can often occur. Often fatal, any injury to the spinal cord region is a very serious type of injury which can lead to partial or complete paralysis.
The head and brain can be severely impacted from airbags, resulting in loss of consciousness, concussions, lacerations, bruising and swelling. When these types of injuries occur, experienced brain and spinal injury lawyers can help achieve a better outcome and compensation.
The NHTSA estimates 52,000 fatalities and over 1.7 million traumatic brain injuries each year as a result of vehicle and car accidents.
Airbag Injuries: A wide range of injuries to many different parts of the body can occur anytime an airbag deploys. The chemicals used in airbags, the rate of airbag deployment, how the airbag is designed and whether or not a seatbelt was used all contribute to airbag related trauma.
Abrasions, contusions, burns, wrist injuries, sprained fingers, spinal injuries, fractures to the skull, ribs, concussions, brain swelling, lacerations, heart muscle ruptures, asthma attacks, coughing and throat irritations, eye injuries, hearing loss, internal bleeding and fetal injury in pregnant women are all common types of airbag injuries that can be sustained from a rear-end collision.
Why choose Fernandez Law Group for your Personal Injury case?
- Our Tampa personal injury lawyers and case managers are always available to answer any questions regarding your case. At a bigger volume firm, they’ll get back to you when they can.
- Our law firm has 25 years of legal experience in the Tampa Bay Area (combined over 50 years of attorney experience) fighting for the rights of accident and injury victims.
- We make YOU the priority. We know we work for you. At a volume firm, you work for them.
If you were injured IN A REAR-END ACCIDENT due to the negligence of a company or individual, our Tampa Personal Injury Lawyers will:
- Make all necessary insurance claims at the onset of your injury case to avoid any delays.
- Help you secure the medical treatment you need and deserve at no up-front cost to you.
- Establish your lost wages or loss of earning capacity as a result of your injuries (if applicable).
- Retain experts needed for your accident claim at no up-front cost to you (if necessary).
- Negotiate the highest possible personal injury settlement offer we can obtain.
Some insurance companies routinely refuse to make a reasonable offer to any lawyer, leaving no other option but to proceed to trial. It is important to have an experienced trial attorney who is able to provide competent representation in court to obtain a favorable verdict. Our lawyers have over 25 years of trial experience around the Tampa Bay area, in both State and Federal courts.
Our Tampa personal injury attorneys and dedicated support staff will focus on your needs while providing superior, effective, and vigorous representation of your interests.
We are paid for our legal services only if we obtain a recovery on your behalf, and we will come to your home or to the hospital for your convenience.