Whether you’re in Tampa, Florida, or any other place in the country, the most common type of car accident is the rear end collision. Usually, the rear end car accident victim is sitting in their car and the car is stopped waiting for a stop light, a stop sign, or traffic. A negligent driver fails to recognize traffic ahead has stopped or slowed and slams into the back of the auto ahead.
Florida law presumes the driver of the automobile that failed to stop was negligent in causing the car accident. Basically that means the rear end driver will be held responsible for causing the accident unless he or she can prove the car in front did something wrong. Simply stopping short is usually not enough. Circumstances that have overcome the presumption usually involve evidence that the lead car cut in front of the rear car at the last minute with not enough space between vehicles.
If you or someone you love suffered injuries because of a back-end crash in Tampa, you have the right to hold the liable party responsible for your losses. A Tampa rear-end collision lawyer at Distasio Law Firm is here to help. Our skilled Tampa car accident lawyer can pursue compensation to relieve the financial burden you may experience as a result of the accident.
Why Rear-End Collisions Occur
Rear-end collisions are extremely common and occur when one vehicle hits another from behind. The car in the back may be moving at a faster speed than the one in the front, or the car in the front may be at a complete stop. Whatever the circumstances, this type of collision can result in both injuries and property damage, not to mention the financial losses and frustration that accompany any car accident.
According to the Insurance Information Institute, rear-end collisions led to 2,346 fatalities in 2019 . These accidents also accounted for 7.1% of all of the fatal crashes that year.
Our team of experienced attorneys have worked on many backside collision cases before, and we are proud of the results we achieved in those cases. We as expert rear end accident lawyers will provide a free review of your case and let you know the best way to move forward with a potential car accident case.
Injuries Caused by Back-End Crashes
Numerous injuries can occur as a result of a rear-end accident. Here are a few of the most common.
Whiplash is a common injury caused by rear-end collisions. This type of injury occurs when the neck snaps back and forth rapidly, straining the neck. People with this type of injury may experience pain or stiffness in the neck, reduced range of motion, or even dizziness, among other symptoms. While most whiplash victims heal within a few weeks after treatment, some victims experience long-lasting complications, especially if they are older or have had whiplash before.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries (TBIs), often caused by a blow or jolt to the head, are a major cause of death and disability in the U.S. Symptoms can range from mild to severe and include:
- Momentary loss of consciousness
- Personality changes
- Impairments in memory or movement
Car accidents can cause herniated or ruptured discs or vertebral fractures. Some patients may recover from back injuries with rest, ice, and over-the-counter pain medication. Those who sustain more severe injuries in a rear-end collision may need surgery, physical therapy, and prescription pain relievers during a lengthy healing process.
You may have sustained many types of injuries due to a back-end crash in Tampa. Whichever injuries you may have suffered, you have the right to hold the negligent party responsible for your losses.
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How Comparative Negligence May Impact Your Case
Florida Statutes § 768.81 incorporates the legal doctrine of comparative negligence for tort. This law disperses funds after an accident based on the degree of negligence of each party involved. For you, this means that any compensation the court awards you could be reduced by the degree you are liable for causing the accident. In other words, if you are 20% responsible for the accident, the compensation you are awarded will be reduced by 20%.
Because Florida follows a pure comparative fault system, you may still recover compensation for your injuries even in a case in which you are 51% responsible.
However, comparative negligence is also a tactic the defense uses to try to reduce the defendant’s degree of liability. They may claim that the plaintiff is more responsible for the accident than they really are. A well-practiced Tampa rear-end collision attorney from our firm can help protect you against tactics like this.
Recoverable Damages After a Backside Accident
Every car accident is different, which is why our Tampa back-end wreck lawyer cannot estimate your damages without first reviewing the details of your case. That said, victims in rear-end collision cases may be able to recover a wide variety of damages, including:
- Pain and suffering
- Medical costs
- Lost wages
- Future lost wages
- Property damage
In some cases, the victim may not recover from their injuries. When this occurs, the family may be entitled to wrongful death damages, such as:
- Funeral and burial costs
- Medical costs left to the family to pay
- Pain and suffering
- Loss of protection and support
- Loss of consortium
- Benefits and wages previously provided by the deceased
How a Rear-End Crash Lawyer in Tampa Can Help
We are here to help ease your burden, pursuing compensation for your losses while you focus on recovering from your injuries. We can:
- Gather evidence: We can gather evidence, like police reports, eyewitness statements, traffic camera footage, or any other evidence, to help us determine what happened in the moments leading up to the accident.
- Calculate the value of your case: We can collect bills and receipts, evaluate your medical records, calculate the time you spent away from work, and review statements from your physicians about the impact the accident will have on your life. All this can help us determine the total value of your case, including the cost of your pain and suffering.
- Negotiate on your behalf: We will negotiate with the insurance company or the defendant’s lawyer to pursue a fair settlement in your case.
- Take your case to trial: If we cannot reach a fair settlement based on the total value of your case, we will not hesitate to take your case to trial to pursue compensation for your injuries.
The Distasio Difference
Our team has over 30 years of experience helping people like you. This experience proves invaluable while evaluating cases, investigating incidents, negotiating with insurers, and arguing in court. This difference could determine the success of your case.
Additionally, our team is experienced in taking cases to court. Our founding attorney, Scott Distasio, is a board-certified civil trial lawyer who is fully capable of trying your case.
The Distasio Personal Touch
Our principles matter to us. Our main principle is that people like you deserve personalized service and care, so we take the time to understand and meet our clients’ needs. If meeting your needs means taking your case to court, we will do so.
We can make you these promises:
- Our law firm will meet your needs before we meet our own
- Your case will receive the attention and resources it needs
- You’ll get updates from us throughout the legal process
- You’ll be able to reach us just about whenever you need
- We will be honest with you about your prospects of success
- You can count on us to be your advocate
- We’ll litigate your case if necessary
There Is a Deadline to Sue in Florida
You may be considering suing the driver who hit your car. If so, you must meet the deadline for filing a personal injury lawsuit in Florida. This deadline is two years from the date of an accident, per Florida Statutes § 95.11(3)(a).
If you lost a loved one in a rear-end accident, you might want to file a wrongful death lawsuit instead. The deadline for a wrongful death lawsuit is only two years, per Florida Statutes § 95.11(4)(d).
To meet the filing deadline that applies in your case, you should contact our firm right away. Even if you’re not considering suing the other driver, you should still contact us soon to keep the option open. You and your lawyer may decide to sue at a point in your case.
Reach Out to a Tampa Rear-End Collision Attorney Today
Did you sustain severe injuries or lose a loved one in a back-end accident in Tampa? If so, the time to act is now. Contact Distasio Law Firm today, rear end accident lawyers in Tampa. Schedule a free consultation to discuss your case with a Tampa rear-end collision lawyer and determine the best path forward in your fight for justice and compensation. Distasio Law Firm, the best of Tampa car accident attorneys.