These kinds of wrecks are quite common in Florida, mostly because of the “swoop and squat” insurance scam. An unscrupulous driver pulls out in front of another motorist and then taps his/her brakes to induce a rear-end collision. If these accidents only cause property damage, most insurance company adjusters don’t ask many questions. But a serious injury wreck usually involves some complex legal issues.
The experienced rear-end car accident attorneys at Payer Law have seen it all before. So, we are familiar with the complex factual and legal issues these wrecks usually involve. Over the years, we have developed proven methods in both these areas. These methods involve evidence collection and legal advocacy. We know what approaches and arguments work, and which ones don’t work. As a result, we usually obtain results which exceed our clients’ expectations.
Rear End Car Crash Injuries
Whiplash is one of the most common car wreck injuries. Due to the direction and force of a rear-end wreck, this injury is even more common, and even more severe, in these collisions.
The force of a collision causes the neck to violently snap back and forth. This motion usually damages the brain and severs nerves in the neck.
The brain doesn’t fit inside the skull like a hand in a glove. Instead, the brain is suspended in a pool of cerebrospinal fluid. The motion of a rear-end wreck causes the brain to violently slam against the inside of the skull. Doctors often dismiss the resulting initial symptoms, like disorientation, as shock from the accident. So, these victims don’t get proper treatment.
These same issues plague injuries to the neck muscles. These soft tissue injuries do not show up on most diagnostic test results. Furthermore, the initial symptoms, which are usually mild, are often confused with soreness from the wreck. Left untreated, whiplash causes paralysis.
Because of these concerns, our Orlando rear-end car accident lawyers promptly connect victims with physicians who focus on injury-related areas. These professionals know how to diagnose and treat injuries like whiplash.
Additionally, these professionals usually charge nothing upfront for their services. So, victims don’t need to worry about paying additional doctor bills. Instead, they can exclusively focus on getting better.
Liability Issues
Rear-end accidents are usually related to the failure to maintain a safe following distance. The rules of the road require most drivers to keep two seconds between themselves and the cars in front of them. Obeying the rules of the road is part of a driver’s duty of reasonable care. If drivers breach this duty and cause injuries, they could be responsible for damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Emergency responders occasionally cite drivers for failure to maintain a safe following distance. If that happens, the tortfeasor (negligent driver) is presumptively negligent in Florida. So, it’s easier to prove negligence and obtain maximum compensation.
However, responders usually don’t cite drivers in these situations. They frequently view car accidents as civil disputes, and they want to stay out of them.
The last clear chance rule is the most common insurance company defense in rear-end wreck claims. As mentioned, all motorists have a duty of care to avoid accidents. So, if a driver has a chance to avoid a rear-end collision, perhaps by changing lanes or stopping suddenly, the victim could be legally responsible for the wreck.
However, as a practical matter, this defense usually doesn’t apply. Evasive maneuvers in heavy traffic or other such conditions could cause a more serious wreck than the ones they prevent.
Reach Out to a Savvy Orange County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced rear-end car accident attorney in Orlando, contact Payer Law. We have an office in Orlando.
