Wellington Rear End Collision Accidents
When it comes to car crashes, some of the most common types that occur in Wellington are rear end collision accidents. As you would suspect, there are many different types of injuries that can result from these types of accidents. These range from minor injuries all the way to fatalities, with some devastating consequences in between.
However, the one thing that most people tend to think has to do with the fallacy that if a rear end collision occurs, then it’s the fault of the driver in the rear. That’s because most of the time, this assumption happens to be the case. In fact, in Florida, there is a rebuttable presumption that the rear driver is the driver at fault in a rear end collision. The rear driver may be at fault for driving too closely, driving at an excessive speed or driving while distracted.Is Obtaining No-Fault Insurance a Mandatory Requirement in Wellington?
Florida is a no-fault state which means that if you are injured in an automobile accident and incur medical bills, a driver’s own insurance company is to handle those bills. (SB 896: Motor Vehicle Insurance) Here, it is a requirement in Wellington (and the rest of the state) that a motorist carry a $10,000 personal injury policy (known as PIP insurance).
But in many cases, a person’s rear-end accident may generate medical bills that can far exceed the PIP $10,000 requirement. This is especially true with rear end collisions that may involve severe and permanent injuries.What can One Due if the Car Accident Injuries Exceed the PIP Coverage?
If the resulting injuries from rear end collision accidents are severe, the injured parties may wish to obtain the advice of an experienced personal injury attorney in order to see what options are available. Since an initial evaluation appointment is free, there’s no reason not to seek legal advice.
When a victim has sustained severe injuries there are other factors that also must be considered, including: medical bills, lost work income, extended hospital recovery time and the potential need for physical rehabilitation. In these cases, PIP coverage won’t be much assistance. Pursuing a personal injury claim may be your best option to obtain the compensation you deserve.
With rear end collision accidents, whiplash is commonly suffered as one of the injuries. Whiplash can be far more than a stiff neck, the following day. Injuries can range from whiplash to something more severe such as a herniated disc or injuries to the spinal cord. The results can range from severe pain to paralysis.
Even so, if liability has already been determined, the damages that will be paid out will vary to a considerable degree. Insurance companies may possibly be not interested in your particular welfare, but on saving as much money as possible. This is why you should contact a dedicated rear end collision attorney, who serves Wellington.What are the Common Types of Rear End Collision Injuries?
Even in the event of a less than life-threatening injury, you may end up spending an extended period of time in recovery. There can be a great deal of pain that could go on for months, or even years, after the accident. Your entire life might have to be put “on hold” during this recovery time. Then there is the possibility of a “hidden” injury that suddenly manifests itself. For example, a small bruise might be an indication of internal bleeding.
Common types of injuries that can come from rear end collision accidents are:
- Injuries to the back and neck (whiplash)
- Disc herninations and bulging
- Severe bruising
- Laceration and burns that have led to disfigurement
- Broken bones
- Sprained tendons and muscles
- Brain injuries
- Damage to spinal cord
An experienced personal injury attorney can handle all communication with the insurance companies involved. Allowing you the time to seek treatment, go to the doctor appointments and focus on your recovery. Contact an attorney to discuss your options.What Statutes Pertain to Motorists Who Drive too Closely to the Vehicle in Front of Them?
In order to maintain the safety of all motorists, there are statutes that designate rules of the road when it comes to driving too closely to the vehicle in front of them. These will include:
- Statute 316.0895 (1) states that “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.”
- Statute 316.0895 (2) states that “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.”
In some cases, it is definitely possible for the be found only comparatively liable in a lawsuit. As example of this would be if there was a question of whether the defendant’s tail lights were working correctly. Were the turn signals working? Was there adherence to the speed laws? If it can be determined that the car in front had defective light indicators, it’s possible for the defendant to not be considered liable for the accident.
There may also be a situation in which a mechanical failure (such as brake failure) resulted in the accident. Then we may have a situation in which the reliability of the brakes is an issue. Especially in cases in which the brakes have just been worked on in an auto repair shop.
Another situation may involve unexpected maneuvering from the vehicle in front. The court may find that a maneuver wasn’t justified at the time of the accident and therefore the defendant isn’t liable. But if the unexpected maneuver was justified (i.e. a necessary sudden stop), then this may be taken into consideration.Other Considerations in Wellington Rear-End Auto Collisions
There are a few other considerations when dealing with read end collision accidents in Wellington. When a determination is made regarding liability, then what was the degree of liability negligence? In this case, we’re referring to the court taking into account the actual context in which the accident occurred.
But, in general, the standards are relatively constant. For example, did the defendant owe a duty of care to the driver of the vehicle in front? The answer is “Yes”. That duty of care was driving responsibly and safely. Then the next question will involve whether or not that duty was breached. If it’s determined that the duty of care was breached, then were damages, that are posed, the direct result of that breach?
Suppose the defendant didn’t have any insurance? You may have a provision pertaining to under-insured motorists. If this is the case, then you would be looking to your own insurance company for compensation for damages. If you have uninsured or under-insured motorist coverage on your insurance policy, you could pursue a claim, as well.Dealing with Expert Professionals While Trying to Recover Your Damages
In addition to making your recovery from the mental trauma and physical injuries resulting from your accident, there is the question of dealing with skilled professionals who are attorneys and insurance company agents. It is possible that the insurance company may try to present you with an offer that needs your signature “right away”.
Under no circumstances should you accept this offer prior to discussing it with your own attorney! It is most common for these “generous” offers to not take other expenses into consideration such as lost income and future potential medical expenses. Is this something that you think you would want to engage in when you’re recovering from an accident? Or would you rather have an experienced professional on your side to assist you with this?Enlist an Injury Lawyer, Serving Wellington Beach, to Protect Your Rights
Deaths and injuries from driving can be the result of catastrophic rear end collision accidents, which may occur in Wellington at any given time. In addition, it’s important to understand that while high speeds are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a very low speed car crash has resulted in an injury that eventually led to severe and permanent injuries. Therefore, if you are injured in a rear end collision crash, it is advised that you seek medical care and the advice of a car accident personal injury attorney.
Seek the advice of a personal injury attorney, serving Wellington, who can try to assist in receiving the best care and compensation that you rightfully deserve. Therefore, if you or a loved one are involved in a Wellington rear end collision car accident, contact a Florida personal injury attorney.
Discuss your case with a Rear End Collision Personal Injury Attorney Serving Wellington Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.