The Presumption of Fault in Rear-End Car Accidents

1. The first is when they present evidence suggesting a mechanical defect that caused the rear-end collision.

2. The second is if they present some evidence that the vehicle they rear-ended was illegally parked in a public roadway.

3. The third is the one we see the most frequently here in Florida. That’s when they allege a sudden and unexpected stop in front of them or a sudden lane change.

If the defendants present some evidence of a sudden and unexpected lane change or stop, it will be the jury’s job to decide the fault between the two parties. This normally unfolds when the defendants say, “Yeah, they suddenly stopped in front of me!” but that’s not enough.

The courts in Florida have said that if it occurs in an area where you would expect frequent stops or even lane changes, for example, turning into businesses or going through intersections, you can expect that a pedestrian is going to come out, a vehicle’s going to have to stop, or an emergency vehicle may be passing through, it’s not enough to say it was a sudden stop only.

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Defendants can’t get away with it that easily. They’re going to have to show that it was sudden and that it was in a place you wouldn’t expect a vehicle to stop. A good example might be driving down I-4 here in Polk County. If a vehicle slammed on its brakes in the middle of the interstate for no known reason, and then the defendant slammed into the back of them, then they can say that it was a sudden, unexpected stop. Then it is the jury’s job to decide whose fault the crash was.

I hope this helps you understand the bursting bubble presumption of negligence in rear-end collisions here in Florida. If you have questions about your car crash case, buzz us at 1-800-ASK-DAVE. We’re here to help!