Rear-end car accidents in Lake County can seem to come out of nowhere and suddenly cause significant injuries and damage to your vehicle. You may assume that a driver who rear-ends another is automatically responsible for the accident. While this is often true, it is not always the case. A car crash attorney can review the details of your accident and help you determine whether you have a solid legal claim.
Is the Driver Who Rear-Ends the Other Always Liable?
The driver who hits another vehicle from behind is usually presumed to be responsible for the accident. Lake County rear-end car accidents have several common causes. These include following too closely, speeding, and distracted driving. In these cases, the driver would most likely be fully liable for the accident. However, sometimes the driver in front stops suddenly and does not give the other driver enough time to stop without hitting them. In this type of situation, the driver in the front could be liable, or both drivers could share responsibility.
In many car accident cases, both drivers have some level of fault. For example, if a driver stops suddenly and is rear-ended by another driver who left a moderate amount of space between the two cars, both drivers could have partial responsibility. The second driver could have avoided the accident if they had left a larger space cushion. A person who has some responsibility for their rear-end accident can still receive compensation as long as the other driver is primarily responsible. The court would assign both drivers a percentage of responsibility, and the injured person’s compensation would be reduced by their portion. For example, someone who was awarded $50,000 in damages and considered 30 percent responsible for the crash would receive $35,000. If the injured person is 51 percent responsible or more, they would not be able to receive any compensation.
Compensation Available After a Rear-End Car Collision
Florida uses a no-fault car insurance system, which means injuries need to be serious for an injured person to sue. To meet this standard, there generally needs to be some type of permanent damage. If an injured person does file a lawsuit, they can receive both economic and non-economic compensation. These cover concrete expenses like medical bills and lost income as well as intangible losses like pain and suffering or emotional distress.
To get coverage from an insurance policy, the injured person needs to start receiving medical care within 14 days of the accident. Fender benders in Lake County can cause injuries like whiplash, soft tissue damage, and traumatic brain injuries. Some of these injuries may not seem serious right away, so this time limit can become important. Seeing a doctor right away is always a good idea after a car accident, even if it does not appear to have caused significant injuries.
Talk to an Attorney About Your Lake County Rear-End Car Accident Today
Liability in a rear-end accident can be more complex than it seems, and no-fault insurance can make determining whether you can file a lawsuit difficult. After rear-end car accidents in Lake County, a lawyer can assess your situation and help you determine the best path forward. Largey Law Firm is here to support you and fight for the best possible outcome for you. Start the process with a free consultation now.
