Today we’re talking about the presumption of fault in rear-end car crashes
here in Florida. Florida has a “bursting bubble presumption of negligence” in rear-end collisions
. That means that the person who rear-ends you is presumed to have been negligent unless they can present some evidence that “bursts” that presumption. The problem with this bursting bubble presumption is that if the defense presents any evidence to burst the bubble, then it is up to the jury to decide who was at fault.