Rear-end collisions are among the most common accidents on Florida roadways. Sadly, these accidents are also among the most dangerous. According to the National Transportation Safety Board (NTSB), there are approximately 1.7 million rear-end crashes every year in the United States, which cause roughly 1,700 fatalities and 500,000 injuries.
Fortunately, if you were involved in a rear-end crash, you may be eligible to receive compensation if another driver caused your accident.
We can help investigate the root cause of why you got rear-ended. Along the way, we hope to reveal the truth behind your pain and suffering. Additionally, when you retain a Brandon rear-end collision lawyer at our law firm, we can be there to handle your legal proceedings while you continue dedicating yourself to recovering from your personal injuries.
Above all else, we want you to know that you do not have to go through this alone. We are here to fight for you.
To learn more about the legal services offered at Distasio Law Firm, contact a dedicated car crash attorney today to get started with your free consultation.
Recoverable Damages for Rear-End Accident Victims
If found liable, the court may require the at-fault party to compensate you for several hardships you have faced, including:
- Mental anguish: Including damages, personal relationships, loss of companionship with loved ones, impacts on your long-term goals, and more.
- Bodily injuries: Encompassing the pain you experienced while recovering from your accident, as well as any permanent disabilities you may be facing.
- Financial losses: Covering your medical expenses, the cost of ongoing treatment, lost wages, diminished earning capacity, and property damage.
- And more.
If you decide to retain a seasoned Brandon rear-end collision attorney from our law office, we can gather information about your pain and suffering and work to assign a value to your personal injury case. From there, we can assist with any potential settlement negotiations.
For more information about the types of damages you may be eligible for, reach out to an experienced Brandon back-end wreck attorney today to receive your free consultation.
Qualifying for Punitive Damages
Victims only qualify for punitive damages in rare circumstances. While other damages were created to compensate you for your unique losses, punitive damages are meant to punish the offender for their excessively reckless behavior.
To receive such damages, you will need to prove that the at-fault party displayed exemplary negligence, or intentional misconduct, before the accident occurred.
According to Florida Statutes §768.72, these qualifying factors are defined as follows:
- Intentional misconduct: The defendant was aware of the wrongfulness of their conduct and they knew it had a high probability to injure the victim, or cause them damage, but they did it anyway.
- Gross negligence: The defendant’s conduct was so reckless that it showed a conscious disregard for the safety and health of those around them.
However, there are caps on these damages. They cannot exceed four times the amount of compensatory damages, or a total of $2 million. Ultimately, the presiding members of the court will distinguish whether you meet the qualifications for these damages under state law.
Common Reasons Why Cars Get Rear-Ended
A study by the National Highway Traffic Safety Administration (NHTSA) showed that 87% of rear-end crashes occurred because a driver was not paying attention to the road in front of them.
Other negligent causes of back-end crashes include:
- Aggressive driving
- Road rage
- Driving too fast for weather conditions
- Driving under the influence
- Texting and driving
- Brake failure
- Driving while fatigued
- And more
Understanding Florida’s Comparative Fault Law
According to Florida Statutes §768.81, you may not be barred from compensation even if you were partially at-fault for your accident. However, your final settlement may be reduced proportionately based on your contributory negligence. After the court reviews the evidence presented in your case, they may make a judgement based on your overall percentage of culpability.
- If you are awarded $25,000 and the court determines that you were 25% responsible for your accident, your final settlement will be reduced to $20,000.
Minimum Insurance Requirements in Florida
According to Florida Statutes §324.021, drivers are required to carry certain minimum amounts of coverage in their insurance policies. For example, registered taxis must have bodily injury liability (BIL) coverage of $125,000 per person, $250,000 per accident and $50,000 for PDL coverage. All drivers must have continuous coverage even if the vehicle is not being driven or is inoperable. Policies must be purchased from an insurance carrier licensed to do business in Florida. Drivers must also maintain Florida insurance coverage continuously throughout the registration period regardless of the vehicle’s location.
In most cases, you can still take legal action against an offender even if they are uninsured or underinsured. A well-practiced backside collision lawyer in Brandon can further explain the coverage you are required to carry, along with answering any questions you might have regarding your legal rights.
Learn More About How a Rear-End Collisions Attorney in Brandon Can Help
We have worked with countless accident victims over the years. We proudly fight against injustice in dozens of cities across the state of Florida, including right here in Brandon. We can help guide you through the field of personal injury law so you can focus your energy on what truly matters during a time like this such as your recovery.
At the end of the day, if you have suffered losses after a negligent accident, a Brandon rear-end collision lawyer can be there to help fight to protect your right to compensation.
Before you make any decisions about your legal case, you should know that Florida Statutes §95.11 assigns a general four-year statute of limitations on personal injury claims. If you wait too long to file a claim, your case may be dismissed.
To get started with your free consultation today, contact a member of our legal team at Distasio Law Firm.