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January 31, 2018

Who is at fault in a rear-end collision?

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Posted in Collision, Fault, Rear End

Most automobile accidents involve rear-end collisions. These are typically caused when a driver is inattentive and does not stop before striking the vehicle in front of him. Common causes of rear-end collisions are texting while driving, tailgating (following a vehicle too closely), driver intoxication, and weather conditions (such as wet roads).

In Florida, there is a rebuttable presumption that the driver who rear-ends another vehicle is negligent. This presumption can be overcome if there is evidence that the driver in front suddenly stopped or slowed down in the roadway without a good reason to do so, or if he suddenly changed lanes and pulled directly in front of the vehicle traveling behind him.

Most of the time, the insurance company for the driver who rear-ends another vehicle will admit fault and try to settle the claim. However, it is always wise to seek the advice of an attorney before settling any claim with an insurance company.

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