Rear-Ended in Florida: Who Is at Fault and What to Do

Getting rear-ended in Florida can leave you with neck and back pain, a damaged car and a lot of questions. Who pays? Is the driver behind you always at fault? This guide explains the basics in plain language. This article is general information, not legal advice.

Who is at fault when you are rear-ended in Florida?

In most rear-end crashes, the driver in back is presumed to be at fault. Florida courts have long started from the presumption that the rear driver was negligent, because every driver must keep a safe distance and be ready to stop. Section 316.0895, Florida Statutes, says a driver may not follow another vehicle more closely than is reasonable and prudent, considering speed, traffic and the condition of the road.

That presumption is not automatic proof, though. The Florida Supreme Court explained in Birge v. Charron (2012) that it is a starting point that can be challenged with evidence. If there is evidence that someone else also caused the crash, a jury decides how to split the fault.

When the front driver can share the blame

Florida courts have recognized a few common situations where the driver who was hit may share responsibility:

• Sudden, unexpected stopThe front driver stopped abruptly at a place and time where no one would reasonably expect it.
• Abrupt lane changeThe front driver cut in suddenly, leaving no room to stop.
• Mechanical failureFor example, the rear driver's brakes failed without warning, or the front car had no working brake lights.
• Illegal stopThe front vehicle was stopped where it was not allowed to stop.

Insurance companies sometimes raise these arguments to reduce what they pay, so evidence from the scene matters. Dashcam video, photos, witness statements and the crash report can all help show what really happened.

Comparative fault: what if you were partly to blame?

Since the 2023 tort reform law (HB 837), Florida uses modified comparative negligence. Under section 768.81, Florida Statutes, if you are found more than 50% at fault for your own injuries, you generally cannot recover damages from the other driver. If you are 50% or less at fault, your compensation is reduced by your share of the fault.

Who pays your medical bills after a rear-end crash?

Florida is a no-fault state. Your own Personal Injury Protection (PIP) coverage pays first for part of your medical bills and lost wages, no matter who caused the crash, up to your policy limits (the required minimum is $10,000). To use PIP medical benefits, you generally must get initial medical care within 14 days of the crash under section 627.736, Florida Statutes. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If your injuries are serious and meet Florida's injury threshold (for example, a permanent injury), you may be able to make a claim against the at-fault driver's bodily injury coverage for costs PIP does not cover, including pain and suffering. Learn more in our guide Is Florida a no-fault state?

Common injuries after being rear-ended

Even a crash at low speed can jolt your head and neck forward and back. People who are rear-ended often report:

• Whiplash and neck strainPain and stiffness that may not appear until hours or days later.
• Back injuriesIncluding herniated or bulging discs that may need ongoing treatment.
• Head injuriesSuch as concussions from hitting the headrest, window or steering wheel.
• Shoulder and wrist injuriesOften from bracing against the wheel at the moment of impact.

Keep every medical record, bill and receipt. Your treatment records are often the most important evidence in a rear-end injury claim.

What to do after being rear-ended in Florida

1. Check for injuries and call 911. Get medical help first and move to a safe place if you can.
2. Report the crash. See our guide on when you must report a car accident in Florida.
3. Take photos and videos. Capture both cars, the damage, skid marks, traffic lights and road conditions.
4. Get names and witnesses. Exchange driver, insurance and plate information, and ask witnesses for their contact details.
5. See a doctor quickly. Whiplash and back injuries often show up later, and PIP has a time limit for initial care.
6. Be careful with insurance calls. Stick to the facts, do not guess, and think twice before giving a recorded statement to the other driver's insurer.
7. Talk to a car accident lawyer. A Florida car accident attorney can review the evidence and explain your options.

How long do you have to file a rear-end accident claim?

For most negligence claims from crashes that happened after March 24, 2023, the time to file a lawsuit in Florida is generally two years from the date of the accident, under section 95.11, Florida Statutes. Some cases have different rules or exceptions. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Tomas Robirosa helps people who were rear-ended in Miami-Dade, Broward and Palm Beach. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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