Most people believe that the rear driver is always who is at fault in a rear end collision. This is because Florida law creates a “rebuttable presumption” that the driver of motor vehicle striking another from behind is at fault for the crash. This can lead to the rear driver being liable for the property damage and personal injury caused to the lead car and its passengers. In general, the fault comes from a presumed or implied violation of Florida Statute 316.0895 for “Following Too Closely,” which leads to law enforcement usually citing the rear driver as the driver who is at fault in a rear end collision. Florida Statute 316.0895 states:
(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
(2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks or other slow-moving vehicles.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
However, the “rebuttable presumption” of following to closely can be challenged in cases where the lead vehicle makes a sudden and unexpected stop that would not allow even the most attentive driver to avoiding a rear-end collision. Another example would be large commercial vehicles such as logging trucks, tractor-trailers, over the road semis, and car haulers entering public roadways and highways at unsafe speeds far below the speed and flow of traffic and without proper trailer lighting.
In these cases, fault for the accident can be rebutted or shifted to the lead vehicle. This is true even in cases where the responding police officer determined that the rear driver was the at-fault driver in the accident report. Police reports are not dispositive or the final word of fault in an accident.
If you have been cited as being the driver who is at fault in a rear end collision accident, speak with a car accident lawyer in Jacksonville at McGRATH GIBSON LAW. Our team of experienced car accident attorneys can ensure that you are compensated for your personal injuries and the property damage to your car, even if you have been deemed the driver who is at fault in a rear end collision. We offer free consultations to discuss your options for challenging a traffic citation and protecting your legal rights. Call or text us today to schedule a live or virtual consultation at (904) 358-3300.
Learn More about how our car accident attorneys defend drivers who are victims in car accidents that was not their fault.
