Who is at fault in a rear-end collision in Florida?
Florida applies a presumption of negligence against the driver who rear-ends another vehicle. The rationale is following distance: a driver should be far enough back to stop.
But it's a presumption, not a rule. It can be rebutted with evidence providing a reasonable explanation.
What rebuts it. An abrupt and arbitrary stop by the lead driver with no reason. A mechanical failure that wasn't the rear driver's fault. The lead vehicle's brake lights not functioning. The lead driver reversing. Being pushed into the vehicle ahead by a third car. And an illegal or unexpected lane change immediately in front.
What doesn't. Distraction, following too closely, or simply not stopping in time.
Why the distinction matters. Insurers treat rear-end cases as closed, and unrepresented drivers accept that. Where a genuine explanation exists, it's worth developing — and comparative fault can shift a meaningful percentage even where the rear driver bears most of it.
The presumption is beatable. It just requires evidence, not argument. ---
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