Florida Rear End Presumption
There is a consistent history of Florida cases that solidify the principle of the Florida Rear End Presumption. Two such cases are Birge v. Charron, 107 So. 3d 350, 352 (Fla. 2012), and Padilla v. Schwartz, 199 So. 3d 516, 517 (Fla. 4th DCA 2016). The Charron and Schwartz courts both ruled based on the Florida rear end presumption. The Florida rear end presumption is a rebuttable presumption that a party who has rear ended the driver in front of them is the at-fault party in a rear end car crash. Both courts, as well as a number of other Florida courts, have made it clear that the Florida read end presumption id rebuttable. This means that the presumption can be overcome if evidence is presented that sways the court’s opinion. Evidence that the driver in front drove unexpectedly erratically can sway the court’s opinion. Furthermore, evidence that the driver in the rear was not following so closely as to have been driving dangerously or irresponsibly, can help to overcome the Florida rear end presumption. Essentially, if the driver in front was rear-ended because of their own negligence, and not because of the negligence of the driver behind them, the presumption can be rebutted. Now, we move on to the reason for rear end presumption Florida. Jonathan Jacobs is a Clermont Florida Car Accident Attorney.
Reason for Rear End Presumption Florida
In Schwartz, the court points out the reason for rear end presumption Florida exists. The Schwartz court opined that the driver in front cannot possibly always know why the driver behind them was doing when the car occurred. It is not possible for the driver in front to see when the driver behind them is texting while driving, looking away from the road, is distracted, intoxicated, careless, or otherwise negligent. Moreover, the reason for rear end presumption Florida exists is because likewise, the driver behind the driver in front cannot similarly account for the driver in front’s negligence, if any. The driver in front could have been intoxicated, inebriated, texting, looking away, spastic, seizing, or otherwise negligent. This allows for the courts to make a full, fair, and reasonable determination as to who the at fault party was, if any party is to blame more than the other. This may factor in to the court’s apportionment of fault. Florida is a pure comparative negligence state, which provides another reason for rear end presumption Florida. The Jacobs Law Firm, Clermont Florida Car Accident Attorney, can help answer any questions you may have in your accident case.
Clermont Florida Car Accident Attorney
Jonathan Jacobs, Clermont Florida Car Accident Attorney, has experience arguing the Florida rear end presumption. Call us today for your free consultation.