Car accidents can happen anywhere, anytime- and this includes Florida. The Sunshine
State is a hub for locals and tourists alike, but with that comes traffic
and, inevitably, accidents.
One of the most common types of car accidents in Florida is rear-end collisions.
If you've been rear-ended in Florida, you may be wondering who is
responsible for the accident. It’s important to consider the different
parties that may be liable for rear-end accidents in Florida.
The Driver Who Rear-Ended You
The most obvious party that may be liable for a rear-end accident is the
driver who simply hit you from the back.
In Florida, the law states that the driver who caused the accident is liable
for the damages caused to the other party involved. This means that if
you were rear-ended and suffered damage to your vehicle or injuries, you
would most likely place the liability on the driver who caused the accident.
The Vehicle Manufacturer
Sometimes, a rear-end collision can be caused by a malfunction in a vehicle.
For example, defective brakes or tires can cause a car to stop suddenly,
or fail to do so, leading the driver behind you to crash into you.
When this happens, liability may be placed on the vehicle manufacturer
as they are responsible for the safety of their products. In this case,
you would need to prove that the malfunction was due to a design or manufacturing
defect that caused the accident.
The Government Agency
If the rear-end accident was caused by a poorly designed or maintained
road, the liability may fall on the government agency responsible for
its upkeep. For example, if a road was improperly marked, lacked proper
lighting, or was filled with potholes, causing an accident, the municipality
or agency responsible for that road may be held liable.
The Vehicle's Owner
In some cases, the liability for a rear-end accident can also fall on the
owner of the vehicle that was rear-ended if they weren’t also the
driver. For example, if the owner of the car had known or should have
known that the car had a dangerous defect and failed to fix it, then they
could be held liable for the accident.
The Other Driver's Insurance Company
If you've been rear-ended in Florida and suffered damages, you may
also need to file a claim with the other driver's insurance company.
In Florida, car insurance policies are legally required to have a minimum
of $10,000 in coverage for property damage and $10,000 in personal injury
protection (PIP) coverage. If the other driver's insurance company
is found liable for the accident, they will typically be responsible for
covering the damages as outlined in the policy.
Being involved in a car accident is no walk in the park, but understanding
who may be liable for the accident can provide some much-needed clarity
and help you navigate the claims process. Whether it's the driver
who rear-ended you, the vehicle manufacturer, the government agency responsible
for the road, or someone else, knowing your options can be incredibly helpful.
At the end of the day, seeking legal advice from an experienced personal
injury lawyer is recommended to ensure you're receiving the compensation
you deserve. You can always reach out to Paulsen Law Group for the qualified
legal service you require.
Contact us online to request a consultation.