Rear-end Collisions

Pembroke Pines Attorneys Protecting the Rights of Car Accident Victims

When another car slams into the back of your vehicle, the resulting injuries can be devastating to your physical and emotional health. Your financial stability also may be at risk if the crash causes you to miss time from your job or incur significant medical expenses. If you have been involved in a rear-end collision in Pembroke Pines or the surrounding region, the Pembroke Pines car accident attorneys at Cohn & Smith can assist you as you seek compensation from the person or entity whose carelessness harmed you.

Protect Your Rights by Filing a Negligence Claim Following a Rear-End Collision

The area of law that covers automobile accidents, including rear-end collisions, is called negligence law. Generally speaking, a negligence claim can arise in any situation in which one party’s failure to use the appropriate level of care results in injuries and damages to someone else. In negligence cases arising from car crashes, there are four basic elements that must be satisfied for a victim to seek compensation for the harm that he or she has suffered.

First, there must be a showing that the defendant in the case owed a legal duty to the claimant. Like other states, Florida imposes a basic obligation on all drivers to handle their vehicles with reasonable care at all times. The second step is showing that the defendant breached the duty of care owed to the victim. This can be shown in an almost limitless range of ways, including:

• Distracted driving, such as texting or using a cellphone while behind the wheel;
• Failing to yield at an intersection;
• Failing to adjust to weather or traffic conditions; or
• Driving while impaired by drugs or alcohol.

While it may seem obvious that someone who strikes the rear of another automobile has breached the duty of due care, occasionally that driver will attempt to put part of the blame on the driver of the car that he or she hit, or perhaps a third party. In such a situation, the rules of comparative fault may come into play. Under Florida’s pure comparative fault doctrine, an accident victim’s compensation award may be reduced in proportion to his or her responsibility for causing the crash, but he or she is usually still able to recover damages from the defendant in proportion to the defendant’s level of fault. The next prong of the four-step negligence test is proving that the defendant’s breach of duty directly resulted from the accident. Finally, a victim must provide evidence of the damages that he or she suffered due to the defendant’s actions. Damages often include objective items such as lost wages and medical bills, but non-quantifiable forms of compensation such as pain and suffering may also be taken into consideration in determining a fair amount of compensation.Discuss Your Motor Vehicle Collision Claim with a Pembroke Pines Attorney

If you have been involved in a rear-end collision or another serious automobile accident, you should know that Florida law imposes a four-year statute of limitations on filing suit. It is wise to contact an experienced injury lawyer in the Pembroke Pines area as soon as possible after a crash. The law firm of Cohn & Smith, P.A. is ready to assist accident victims from throughout South Florida, including in Tamarac, Coral Springs, and North Dade County. Call our Pembroke Pines attorneys today at (954) 431-8100 or contact us online to schedule a free initial consultation.