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Rear-End Collisions Attorney in Clearwater, Florida

Rear-end collisions are some of the most common types of car accidents and occur every day. In fact, you’d be hard-pressed to find a driver who won’t be involved in this kind of fender bender at some point in their lives. That said, just because getting rear-ended is a common occurrence, it does not mean it shouldn’t be taken seriously or that it can’t result in very real damage and injuries. 

If you’ve recently been in this type of car accident or rear-ended someone else but believe you weren’t at fault, contact me at the Law Office of Alex Hernandez. Together we can evaluate your case and the available evidence and decide whether to pursue a personal injury claim. I’m able to help clients here in Clearwater, Florida, as well as throughout the entire Tampa Bay Area and beyond, including, Pasco County, Pinellas County, Hillsborough County, Sarasota, and Manatee Counties. 

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Causes of Rear-End Collisions

Most people think that a rear-end collision is always the fault of the driver who’s in the back of the wreck, but this isn’t always the case. Depending on the circumstances, fault can lie with either driver. Only by thoroughly examining the available evidence can you pinpoint who is legally liable. 

Examples of when it isn’t the person in back at fault: Even though it’s less common, there are still a handful of cases in which the driver in front can be blamed for the collision. These include: 

  • The driver in front suddenly goes into reverse and backs up their car. 

  • The car in front has broken or missing taillights and the driver in back wasn’t aware they were stopping. 

  • The driver in front “brake checks” the driver in the back (meaning they suddenly slam on their brakes for no reason). 

  • The car in front was stalled or had some other kind of mechanical problem and did not alert other cars or pull over to stay out of the line of traffic. 

Examples of when it is the person in back at fault:  

  • When the driver in the back is not paying attention and fails to see a stopped or slowing car in front. 

  • The driver in the back was following too closely and wasn’t able to stop in time to avoid a collision. 

  • The car in the back speeds up when another driver signals and moves into their lane. 

Common Injuries From Rear-End Accidents

Injuries from being hit by another car from behind, or being the driver of the vehicle in the back can be just as serious as any other type of car accident. Personal injury claims from these types of accidents can include: 

  • Broken bones 

  • Whiplash 

  • Neck and back injuries 

  • Concussions 

  • Back strains and sprains 

  • Spinal fracture 

  • Compression fracture 

  • Traumatic brain injuries 

No-Fault Insurance State  

Anytime you’re involved in an accident, you’ll need to take steps to file an insurance claim to get compensated for your damages. This process will vary from state to state. 

Florida follows a no-fault model, which means in most cases, both drivers must first file a claim on their own insurance policy (regardless of who caused the accident) before they can file a claim with the at-fault driver. However, this isn’t necessarily the end of your attempts to receive compensation.  

For instance, if other laws have been violated, such as tailgating or brake checking, this could be relevant if you eventually file a personal injury lawsuit. However, this should only be done with the help of a car accident attorney.   

Steps to Take if You Have Been Rear-Ended  

Knowing what to do if you’ve been rear-ended is key to ensuring you’re taken care of and that you’re able to seek damages.  

  1. The first step is always to seek medical care right away, and this should be done even if you don’t feel obviously hurt.  

  1. Next, you’ll want to get as much information from the driver as you can such as contact and insurance information, the make and model of their car, and their license plate number. 

  1. In Florida, you’re required to contact the police if anyone is injured or killed, or if there’s more than $500 in property damage. Be sure to ask for a copy of the police report. 

  1. Document everything you can. This can include taking pictures or videos of the accident scene as well as keeping all medical records, diagnoses, and bills.  

  1. Now you’ll need to notify your insurance company that you were in an accident and file a claim if necessary. This should ideally be done within a couple of days of the crash. 

  1. Call a personal injury attorney as soon as possible. Working with an experienced attorney can help immensely during this time as they can advocate and negotiate on your behalf to get you the compensation you deserve. 

Rear-End Collisions Attorney Serving Clearwater, Florida

If you have recently been involved in a rear-end accident, reach out to me at the Law Office of Alex Hernandez for help. I have the knowledge, resources, and experience to guide you throughout the process.