One of the many causes of a vehicle collision is tailgating. When a tailgating car accident takes place, it is highly likely that the vehicle behind you has not been maintaining a safe distance from your vehicle. If someone rear ended your car in Middleburg, Florida, it is important to know which steps you should take after the accident and whether you are entitled to compensation. The counsel of a car accident lawyer in Florida will help in navigating the legal challenges involved in a tailgating car accident.
Someone Rear-Ended My Car in Middleburg, Florida. Who is the Responsible Party?
When a rear end collision takes place, who is most likely to be the responsible party?
Most of the time, the vehicle situated behind the tailgated vehicle is the one liable for the collision. When operating on public roads such as interstates and highways, drivers are requested to observe a safe distance equivalent to the length of one car. In the event that someone drives too closely to someone else’s vehicle and a tailgating car accident happens, they will probably be the one at fault.
However, not all rear end collisions are the sole liability of the vehicle driving behind another. If someone rear ended your car, you may also be partially liable for the accident. Some of the instances wherein you may also have been responsible for the rear end collision in Middleburg, Florida are:
- The tail lights of your vehicle were not turned on.
- You were “brake-checking” or tapping your brakes repeatedly to see whether the other driver was keeping a safe distance.
- Sudden brakes when lane-changing.
Someone Rear-Ended My Car in Middleburg, Florida. What Happens Afterward?
After someone rear-ends your car, you may be wondering what options are available to you for seeking compensation? The answer depends on whether or not you can be found partially or completely responsible for the accident. Unfortunately, not all tailgating car collisions will be the liability of the vehicle driving behind you.
For tailgating car accidents, if the other driver is found to be completely liable for the wreck, then you can file for a compensation claim from the insurance carrier to take care of property damages. Every driver is mandated to carry property liability insurance coverage in case the driver damages the property of another due to negligence. If you have sustained physical injuries as a result of the tailgating car accident, you can also seek additional compensation.
Additionally, your own insurance carrier will take care of your physical injuries through the personal injury clause in your policy. With Florida being a no-fault insurance state, you can seek compensation from your own insurance carrier, even if you have been negligent yourself. If the party is found to be liable for the rear end collision, you can also seek additional compensation from them.
How Much Compensation Can I Get for My Tailgating Car Accident in Middleburg, Florida if Partially at Fault?
If you decide to bring the case to court for additional compensation after a tailgating car accident and you are found to be partially responsible for the rear end collision, that does not mean you must walk away with nothing. You will still be entitled to a certain amount as compensation. This is because the state of Florida operates through the pure comparative negligence law, which diminishes the compensation amount entitled to you according to your percentage of liability.
In other states, a partially liable party may recover compensation if their liability is less than 50%. In Florida, if someone rear ended your car, and you have also been found to be negligent, you can still recover compensation in the amount proportionate to your percentage of liability.
Choosing a Lawyer After a Rear End Collision Incident in Middleburg, Florida
Clearly, the state of Florida operates through complex laws when it comes to car accidents, including tailgating collisions. This makes the services of a committed auto accident attorney highly important. From crucial insurance compensation discussions to out-of-court settlements and even lawsuits, the help of a dedicated accident lawyer is paramount.
Reach Out to John Fagan Accident Lawyers if Someone Rear Ended Your Car in Middleburg, Florida
Tailgating is a serious driving offense that has resulted in countless rear end collisions. If someone rear-ended your car in Florida, you deserve to be compensated for the injuries you have endured as well as any damages to your vehicle.
Here at John Fagan Accident Lawyers, we provide committed legal help for your tailgating car accident case in Middleburg, Florida. Talk to us today so we can begin discussing your case during a free consultation.