Florida Court Issues Important Decision On Rear End Collisions

by Carmen Dellutri on January 10, 2013

Fort Myers accident lawyerThe Florida Supreme Court recently issued a decision that could impact some Cape Coral personal injury lawsuits. The state’s highest court ruled that the second driver in a rear-end collision should not be automatically held solely at fault.

The decision clarifies that Florida’s doctrine of comparative negligence applies in rear-end collisions. As we have previously discussed on this Florida Injury Blog, the doctrine is based on the premise that one person is often not 100% to blame for an accident and allows juries to apportion or assign fault or negligence accordingly. For example, one person may be found to be 80% at fault and the other only 20%. In this case, the injured person that was 20% at fault would have their monetary recovery reduced by that same percentage.

As TampaBay.com reports, the decision will allow Maria Cevallos, the rear driver, in a three-car accident to pursue damages against the driver in front of her. That driver was allegedly talking on her cellphone and slammed on the brakes abruptly before crashing into the car in front of her. Cevallos was four car lengths behind the vehicle and had slowed down as she approached a hillcrest. However, she was still unable to avoid the accident.

"The facts introduced into evidence at trial provided sufficient basis for the jury to conclude that the defendant failed to use ordinary care in operating her vehicle, and that this failure was at least one of the proximate causes of the collision," the Florida Supreme Court ruled.

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Cape Coral accident caused by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Cape Coral injury attorneys for a free consultation. 

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