Hurt in a Rear-End Crash in Miami? Find Out Who Pays
If you’ve been in a rear-end accident, getting your car fixed is often just the beginning of your worries. Medical bills start to mount, car repairs are expensive, and insurance companies may attempt to shift fault or encourage quick settlements that don’t reflect the full value of your claim.You ask yourself who is at fault in a rear-end accident in Miami, and what does that mean for your financial future if you’re responsible?
You need a Miami rear-end accident lawyer who will fight for your rights. James D. Payer at Payer Law Personal Injury Lawyers has a proven track record of achieving successful outcomes in car accident cases, including multiple million-dollar settlements. Don’t wait—call 305-363-7099 or contact us online to schedule a free case review with our Miami car accident lawyer.
Reviewed by: James D. Payer
Table of Contents
- Rear-End Crashes in Miami Are All Too Common
- Where Do Rear-End Collisions Happen Most in Miami?
- What Causes Rear-End Accidents in Miami?
- What a Rear-End Crash Can Do to Your Body, Wallet, and Future
- Your Best Legal Options After a Miami Rear-End Crash
- Why Payer Law Personal Injury Lawyers Is the Team You Want on Your Miami Rear-End Case
- Contact Our Miami Rear-End Accident Lawyers for a Free Case Review
Rear-End Crashes in Miami Are All Too Common
Just before Christmas 2024, at 4:15 a.m. on a Saturday, a BMW sedan rear-ended a gold Nissan on Interstate 95 in Miami. The impact sent both vehicles sliding several hundred feet before the Nissan burst into flames, killing the driver. The BMW driver fled the scene.
Four months later, another serious rear-end crash occurred on the same stretch of I-95. This chain-reaction collision involved four vehicles and caused a fuel tanker to overturn, triggering a hazardous materials response. One man was critically injured and rushed to Jackson Memorial Hospital.
Crashes like these highlight the dangers of rear-end accidents in Miami. Victims and their families often face long-term physical, emotional, and financial consequences.
Where Do Rear-End Collisions Happen Most in Miami?
Rear-end collisions can happen anywhere, but some roads are more dangerous than others. Several roadways and intersections in Miami-Dade County experience heavy traffic, high traffic speeds, and complex merges or interchanges, which increases the risk of an accident. Dangerous Miami roadways include:
- I-95 between exits 2D and 10B, downtown to Little River
- Northwest 27th Ave by Dolphin Mall and Florida International University
- Palmetto Expressway near Miami Lakes
- Brickell Avenue during rush hour
- I-95 and SR 836, also known as the Dolphin Expressway merge
- US-1 through Pinecrest and South Miami, a stoplight corridor
The county has recorded multiple severe or fatal accidents on each of these roadways.
What Causes Rear-End Accidents in Miami?
Miami rear-end crashes are often the fault of impatient or poorly prepared drivers. You may have experienced some of these risky situations firsthand—for example, a newly arrived tourist making a surprise lane change near the Airport Expressway, or a commuter hitting the gas too quickly in stop-and-go traffic on Brickell Avenue.
Traffic congestion in Miami can make dangerous driving more tempting, leading to an increased risk of rear-end crashes. Imagine a driver speeding up or slowing down to merge at the Midtown Interchange, surprising another driver and causing a rear-end collision. Midtown traffic can also encourage drivers to tailgate in gridlock or look away from the road to check their phone or GPS, only to notice too late that traffic has stopped.
Many of these behaviors are unintentional, but some drivers intentionally put others at risk. Ask anyone who’s been in a brake-checking accident in Miami: A driver believes someone else is tailgating them and hits the brakes as a signal of frustration. Taken by surprise, the rear driver slides into the car ahead.
What a Rear-End Crash Can Do to Your Body, Wallet, and Future
Rear-endings can spell disaster for your health and finances. A collision from behind takes a toll on both the car and the human body. Some of the most common rear-end accident injuries in Miami include:
- Whiplash
- Bulging discs
- Concussions
- Facial injuries
- Airbag burns
These injuries can cause more than just physical pain. Fear and distress can remain long after the crash itself, causing significant mental health challenges, including anxiety, depression, and post-traumatic stress disorder, or PTSD.
Financial Consequences of Rear-End Collisions
Medical bills and rehabilitation costs can accumulate quickly during recovery, causing financial stress. Some victims find themselves without a car due to severe damage incurred in the rear-end collision, forcing them to rent a car to get around Miami.
Meanwhile, time off work can lead to a loss of earnings and future income. You may experience whiplash from a rear-end accident in Miami and find yourself in too much pain to work. As you are recovering, other injuries present, compounding your pain and keeping you from earning for weeks or months.
Some rear-end accident victims develop long-term disabilities, leaving them unable to continue or progress along their prior career paths. When this happens, legal action may help you recover the income you lost or would have earned.
Your Best Legal Options After a Miami Rear-End Crash
In most Miami rear-end accidents, the trailing driver is presumed to be at fault. This presumption is based on Florida Statute § 316.0895, which prohibits following another vehicle more closely than is reasonable and prudent, considering road conditions, traffic flow, and speed.
However, this presumption is rebuttable. Certain exceptions apply—particularly when unexpected traffic patterns or roadway hazards make a rear-end collision unavoidable. In these cases, liability may shift or be shared depending on the specific circumstances.
- Sudden braking that goes unnoticed due to malfunctioning brake lights
- Pile-up accidents that make it impossible to stop in time
- Unsafe lane changes that leave the trailing car unable to increase distance
- Brake-checking behaviors that intentionally put the trailing car at risk
Rear-end accident liability depends on who was at fault. Florida follows a modified comparative negligence system, which means you may be able to recover compensation even if you were partially at fault for a rear-end collision. The law only bars you from recovery if you are more than 50 percent at fault.
If you share responsibility, the court will reduce your payout by your fault percentage. For example, if you are 30 percent at fault and the court awards you $100,000, you would collect 70 percent, or $70,000.
Steps and Compensation After an Accident
Whether you are the victim of a tailgating accident in Miami or another driver caused you to hit another car from behind, it’s essential to protect your right to compensation:
- Get medical care: Under Florida insurance law, you must see a doctor within 14 days to qualify for benefits through personal injury protection, or PIP. All insured drivers statewide must have PIP, a type of Florida no-fault insurance that covers basic injury costs regardless of who caused the accident.
- Collect evidence: Take photos of the scene, including vehicle damage and visible injuries. Save dash cam footage if you have it, and consult an attorney about obtaining traffic camera videos.
- Save bills and receipts: To get compensation for your losses, you must have documentation for out-of-pocket expenses, including medical bills and property damage.
You may pursue compensation for economic damages and non-economic losses, such as pain and suffering. You could receive additional damages if the other driver were drunk, as this constitutes gross negligence and intentional misconduct. In these cases, a Florida court may impose punitive damages to penalize the defendant.
Why Payer Law Personal Injury Lawyers Is the Team You Want on Your Miami Rear-End Case
If you have been injured in a rear-end collision in Miami, you need an attorney who understands the area and its legal landscape. Under the leadership of James D. Payer, our experienced team has served Miami for over 30 years. We possess an in-depth knowledge of Florida’s rear-end accident rules, including how the state’s no-fault system applies.
We are proud to have secured millions in life-changing client victories, including $27.56 million for a client involved in a high-speed crash on I-95. We can help you navigate the legal process, from securing a rear-end accident report through Miami police to negotiating with insurers on your behalf.
Our compassionate staff is ready to take your call. We have bilingual representatives and a 24/7 phone line, so we’re here when you need us. And because we work on contingency, there’s no fee unless we win.
Contact Our Miami Rear-End Accident Lawyers for a Free Case Review
When you need a rear-end crash lawyer in Miami, it pays to call Payer. Contact us online or call us today at (305) 363-7099.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
Hours: Open 24 hours daily
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