Estero Rear End Collision Lawyer
Rear end collisions only account for a small percentage of vehicle collisions. But they account for a significant percentage of roadway fatalities. Even if these victims survive, they normally sustain lifelong injuries. Despite the seemingly straightforward nature of a rear end collision, various insurance company defenses could apply, placing these claims among the most complex personal injury matters. More on that below.
Despite the temptation to do so, the diligent Estero rear end collision lawyer at Cardinal Law never takes shortcuts in these situations. Instead, we start from scratch and build a strong, evidence-based claim from the ground up. This evidence often includes vital pieces of the puzzle that other attorneys overlook or don’t know how to make fit. This approach is more time-consuming, but it ensures maximum compensation for your serious injuries when all is said and done.
Evidence in Rear End Collision Matters
A combination of the police accident report, witness statements, and medical bills are usually the foundation of a rear end collision injury claim.
Occasionally, this evidence is solid by itself. Other times, it needs reinforcement. The police accident report is a good example. The reporting officer, who is not an accident reconstruction professional, usually prepares the report based solely on the evidence immediately available at the scene.
As a result, the police accident report is often inaccurate or biased. That’s especially true if only one law enforcement agency conducted the investigation.
Some evidence, mostly electronic evidence, isn’t immediately available. Furthermore, if the victim dies, the report’s narrative is obviously one sided.
To address gaps in the evidence, a lawyer often relies on a vehicle’s Event Data Recorder. This gadget, which resembles a commercial jet’s black box flight recorder, tracks operational data like:
- Engine RPM,
- Vehicle speed,
- Brake application, and
- Steering angle.
This evidence is not just immediately unavailable. It may be completely unavailable, unless an attorney acts quickly and decisively to preserve it.
To prevent insurance companies from “accidentally” destroying an EDR, an attorney must quickly send a spoliation letter that directs the insurance company to preserve all potential physical evidence for future inspection.
Additionally, Florida has very strict vehicle information privacy laws. EDRs are usually hands off devices, unless a judge issues a contrary court order.
Estero Rear End Collision Lawyers and Insurance Company Defenses
Comparative fault and the sudan emergency doctrine may be the most common insurance company defenses in rear end collision claims.
Basically, comparative fault shifts blame for an accident from the tortfeasor (negligent driver) to the victim. For example, an insurance company lawyer might argue that the tortfeasor rear-ended the victim because s/he swerved in front of the tortfeasor’s vehicle.
If the judge rules that both sides substantially contributed to the wreck, jurors must proportionally divide responsibility between them based on the evidence.
Florida is a pure comparative fault state. The tortfeasor is responsible for a proportionate share of compensation even if the victim was 99 percent responsible for the wreck.
Comparative fault is normally a partial defense. The sudden emergency doctrine could be an absolute defense. This rule excuses liability if the tortfeasor:
- Reasonably reacts to
- A sudden emergency.
Slamming on the brakes as quickly as possible is definitely a reasonable reaction, even if the tortfeasor cannot stop in time. However, these events are not sudden emergencies under Florida law. This description only applies to random, unforeseeable acts, such as a hood fly-up or a cloud-to-ground lightning strike.
Rely On a Hard-Hitting Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with our experienced Estero rear end collision lawyer, contact Cardinal Law, P.A. Attorneys can connect victims with doctors, even if they have no insurance or money.