AGGRESSIVE DRIVING ACCIDENTS
MEET OUR ATTORNEYS
Adam Baros, Esq
Jason Weisenberg, Esq.
Attorneys Helping Car Accident Victims in Naples
A rear-end collision is one of the most common types of accidents that happen on the road. Whether a driver was following too closely, speeding, or using his or her cell phone behind the wheel, there are a variety of ways in which these crashes can occur. In some cases, rear-end collisions are severe and cause the driver and passengers in the car that has been struck to suffer significant injuries. At the Law Offices of Adam Baron, our Coral Springs car accident lawyers have handled numerous cases involving rear-end collisions and know what it takes to build a persuasive claim. Our dedicated team of personal injury lawyers can guide you through each step of the process and ensure that you and your family receive the representation that you deserve.
Establishing Liability in a Rear-End Collision Case
After a rear-end crash or any other type of car accident, a victim bringing a legal claim must show that the defendant failed to adhere to the applicable duty of care. When we are on the road, we are all required to drive with the same skill and care that a prudent, reasonable person would use in the same situation. If it is raining, for example, a reasonably prudent driver may slow to a speed below what the speed limit requires to ensure the safe operation of his or her vehicle. Also, since a reasonably prudent driver probably would not disobey any traffic laws, a breach of the duty likely has occurred if the rear-end collision resulted from the defendant failing to yield the right of way, running a red light, or breaking any other rule.
A plaintiff in a personal injury case must also show that the defendant’s failure to comply with the duty of care was the direct cause of his or her harm. In many auto injury cases, an accident reconstructionist or another expert is required to help recreate the scene and explain to the jury how the plaintiff would not have been hurt but for the defendant’s lack of due care.
Finally, the plaintiff must prove the amount of damages to which he or she is entitled in the lawsuit. One of the most common types of harm associated with a rear-end collision is whiplash and associated neck issues, but other severe events like broken bones, traumatic brain injuries, and paralysis can also result. It is key to receive medical treatment as soon as possible and to keep a clear record of your conditions and expenses.
Breach Of Standard of Care
In most cases involving a motor vehicle collision, a violation of the applicable driving laws and regulations will constitute a breach of the standard of care, since a reasonably prudent driver would not violate the law without an exceptional reason. There is a wide range of laws that protect pedestrians, including rules requiring drivers to give pedestrians the right of way and to yield at stop signs and crosswalks.
After demonstrating that the defendant breached the standard of care, the plaintiff must illustrate that this breach was also the direct cause of the damages that he or she is seeking in the lawsuit. At this stage, an accident reconstructionist can potentially testify about how the defendant’s negligence created the accident and how the victim would not have been hurt but for the defendant’s lack of due care.