Practice Areas

• Car and Motorcycle Accidents
• DUI DWI and Criminal Defense in Gainesville & Alachua County
• Big Truck Accidents
• Medical Malpractice
• Serious Injuries:
  Slip and Fall | Dog Bites

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Rear-End Collisions and Recovery of Damages in Florida

Personal injury attorney, Jeffrey Meldon, discusses recovery of damages in rear-enders in Florida. Many people assume that they can recover all their damages when someone rear-ends their car. While it is true that in Florida there is a presumption that the driver who rear-ended another vehicle was the sole cause of the accident, the rear-ending driver can rebut that presumption by producing evidence that shows that the accident was not caused solely by his or her negligence (fault).

The rear driver can do so by showing that the front driver had some fault in it as well, such as; suddenly or unexpectedly stopping, unexpectedly changing lanes or that the vehicle had a mechanical failure. If the rear driver fairly and reasonably shows or rebuts the presumption of negligence, the jury then determines the issue of the rear driver's negligence and determines the damages.

Florida is a pure comparative negligence state. According to a pure comparative negligence approach, any party to a lawsuit may have a claim for damages unless that party was 100% at fault.

For example, if X and Y were in an accident, where X unexpectedly changed lanes and stopped and Y then rear-ended him because he was following too closely, and a lawsuit ensues:

1. If....The jury finds that X was negligent in operating a vehicle and was 40% at fault for the accident.
2. And... Y was also found negligent in rear-ending X's car, by following too closely, and is found to be 60% at fault for the accident.
3. And....The jury finds that X has suffered $10,000 in damages (and was 40% negligent in his operation of the vehicle)
4. While..... Y also suffered $10,000 in damages (and was 60% negligent)
5. Because of this apportionment (comparative negligence) of fault:

A. X will recover only a portion of his damages - $6,000 ($10,000 reduced by 40% (X's percentage of fault)) and

B. Y will recover $4,000 ($10,000 reduced by 60% (Y's percentage of fault).

C. However, the judge then offsets the amounts against each other: $6,000 - $4,000 = $2,000.

D. This means that X's damages were larger than Y's by $2,000, thus Y will have to pay X $2,000 in damages.

If, however, the accident was due solely to the Y's negligence when he rear-ended X, then the X's damages will not be reduced, since X was not negligent at all. In this case, X is entitled to receive the full amount of his claim, which is $10,000 in damages.

NOTE: The pure comparative negligence doctrine does not apply to cases where a party is drunk at the time of the accident. In that case if the jury finds that that an intoxicated party was more than 50% at fault, he or she will not recover any damages. Being drunk is an absolute bar to recovery in Florida if the party was more than 50% at fault!

Because of the doctrine of pure comparative negligence in Florida, the importance of gathering evidence early in any rear-end collision cannot be emphasized enough. I know this is confusing information, which makes it all the more important to contact an experienced personal injury attorney immediately after the accident.

The Law Office of Jeffrey Meldon and Associates strongly believes that public education is the first step in the prevention of an accident or in the recovery from one.  

They are experienced personal injury attorneys, trial lawyers, negotiators and litigators that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in their practice.

Based on Jeffrey Meldon's, founder of The Law Office of Jeffrey Meldon & Associates, over 30 years of helping accident victims get justice and a fair shake from the insurance companies he has written the consumer guide book, The Seven Biggest Mistakes That Can Wreck Your Florida Accident Case.  You can request your free copy right now, or contact his office for your complimentary copy sent to you today.

Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck or motorcycle accident.  They are in your community, have the experience and resources required to work towards obtaining a fair settlement for you, and are there to help you.

Mr. Meldon's Office proudly handles accidents that occur on all roads and in the areas including: I-75, I-10, I-95, U.S. Route 301, U.S. Route 441, State Road 40, State Road 26, State Road 24, Archer Road, Main St, and University Avenue.  Our law firm has  been representing accident victims in Gainesville, Ocala, Lake City, Inverness, Palatka, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton,  Leesberg,  Lake Butler,  Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua, Marion, Columbia, Citrus, Volusia, Sumter, Levy, Lake, Bradford, Flagler, Hamilton, Dixie, Gilchrist, Union, Hernando, Suwannee, Union, and Putnam since 1971!

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