Who Is at Fault in a Rear End Accident?

Under Florida law, there is a presumption that the person that caused the rear end is at fault, but that is a rebuttable presumption. So, let’s say the person in front of you slammed on their brakes, which caused you to rear end them. That will overcome the presumption and you could make a claim against the person in front of you. So, there’s a difference in establishing fault with a rear end accident because of the Florida presumption that if you rear end someone, you’re deemed at fault. That presumption is rebutted. So you have to speak with the client and figure out, you know, what caused that person in front of you to slam on their brakes or was there maybe another vehicle in front that was driving erratically, so that person slammed on their brakes causing this chain reaction. So it’s important to figure out, you know, the circumstances around the rear end accident.