Can I Collect Compensation if I was Rear Ended?
Car accidents that involve at least one vehicle being rear ended are some of the most frequently occurring types of collisions in the nation. While it can be simpler to establish fault in these kinds of cases, rear end accidents also tend to result in some of the most painful and debilitating injuries.
Common Accident Causes
Activities that force a driver to take his or her eyes off of the road put others at risk of being rear ended. In fact, accidents of this nature almost always involve at least one driver’s decision to:
- Drive while distracted;
- Tailgate the car in front of them;
- Drive aggressively;
- Drive in poor weather conditions;
- Swerve in and out of their lane;
- Speed;
- Drive while intoxicated; and
- Drive while fatigued.
These types of behaviors can have deadly consequences if they inhibit a person’s ability to keep his or her eyes on the road.
Potential Injuries
Victims who have been rear ended are more likely to sustain neck and spine injuries, such as whiplash, than are victims of other types of accidents. This is because the force of the impact causes the head to snap forward or backward, tearing ligaments, pulling muscles, and even damaging the spine. Drivers and passengers who are rear ended may also suffer from chest injuries, such as cracked ribs, which are caused by their seat belts or coming into contact with the airbag, dashboard, or steering wheel. Organs with ligament attachments, such as the spleen and liver are also vulnerable to injury in these types of crashes if the torso area experiences a sudden blow. Facial injuries and head trauma are also not uncommon and are usually the result of a victim’s face or head coming into contact with a window or dashboard.
No-Fault Auto Insurance
Florida is a no-fault auto insurance state, which means that drivers are required to carry auto insurance that covers personal injuries. Additionally, after a car accident, injured parties are required to collect compensation first from their own insurer before seeking damages from the other party for medical expenses. Florida drivers are only permitted to skip this step and pursue a claim against the at-fault party directly if the injuries resulting from the accident are considered serious. An injury is serious if it:
- Involved a significant and permanent loss of an important bodily function;
- Is considered permanent;
- Resulted in significant and permanent scarring or disfigurement; or
- Resulted in death.
Plaintiffs who can establish that their injuries meet this standard can collect damages directly from the at-fault party, including non-economic losses for pain and suffering, which are not available through insurance.
Contact us Today to Speak With a Skilled Car Accident Attorney
If you were rear ended in Florida, please contact the legal team at Boone & Davis by calling 954-566-9919 or by starting a live chat with an experienced car accident attorney who can evaluate your case during a one-on-one consultation at no cost to you.
Resources:
newsday.com/opinion/editorial/distracted-driving-is-killing-us-1.12414662
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html
