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Rear-end collisions are one of the most common and dangerous types of car accidents in Miami. In these cases, victims are often caught off guard by the impact and suffer serious injuries, such as whiplash and other spinal cord damage. In most incidents, the majority of the responsibility falls on the driver who causes the crash.
Besides the physical wounds, such accidents can also damage the vehicles involved, specifically the airbag and seat belt systems. This results in elevated repair costs and, in worst-case scenarios, even a car replacement.
With the guidance of a rear-end collision accident attorney in Miami, you will have a better chance of asserting your rights if you have been a victim of this type of incident. At Gallardo Law Firm, our team has extensive experience helping people like you obtain the settlement they deserve for the damages suffered.
High Prevalence: About one third of all injury causing crashes in Florida are rear-end collisions, resulting in roughly 130,000 such crashes each year (out of ~400,000 total) and accounting for 7 % of traffic deaths and 20 % of two vehicle fatal crashes.
National Scale: The U.S. sees over 1.7 – 2.5 million rear-end collisions reported annually, causing more than 500,000 injuries and making up 29 % of all vehicle accidents.
Serious Consequences: Rearend impacts frequently push vehicles into oncoming lanes or off the road, leading to severe injuries or fatalities.
The most common causes of these accidents are:
Florida laws establish the principle of rebuttable presumption for rear-end collisions, according to which it is assumed that the driver who crashes into the other car from behind is negligent and must compensate the victims for the physical, economic, and emotional damages caused.
However, these cases are not straightforward, as this assumption of negligence can be contested based on the evidence of the incident. Additionally, the state applies the principle of modified comparative negligence, which determines that there may be more than one party responsible for what happened and that the compensation you receive will depend on the percentage of fault you have in the events, even if you were the one who was rear-ended.
During the investigation process, we can use impact or sudden braking marks to demonstrate not only your position but also that of the driver who hit you. Recordings from your car's rear camera or the other vehicle's front camera can also provide helpful information. In these unfortunate events, the specific characteristics of the incident determine the allocation of liability. Factors such as reaction time, distance, and speed are closely related in these situations and, according to our experience as rear-end collision accident lawyers, can be used to your advantage.
Injuries caused by rear-end collisions are often severe, significantly if they affect the cervical area or cause brain trauma of various kinds. Some examples are:
In any circumstance, it is essential to have the support of one of our rear-end accident lawyers. When the collision involves large vehicles such as trucks, buses, or trailers, the injuries can be even more catastrophic and result in the death of the victims.
If I was rear-ended, should I get a lawyer? The answer to that question is always yes, as one of the first steps you should take after the accident is to consider your options for submitting a claim against the negligent driver. To assess the validity of your case, having an experienced legal advisor is essential.
We also recommend that you:
This evidence will be instrumental as the legal process progresses, even if, at first, it seems like a simple case. We cannot forget that the lack of documentation or even delays in accessing it can benefit the insurance companies involved in the accident, as they will try to minimize their liability to pay the least amount of compensation possible.
After a rear-end collision accident, the statute of limitations for presenting a claim is four years, which begins to count from the moment the crash occurred. However, Florida laws recognize several special situations in which this time limit may be reduced:
The best alternative for managing these deadlines is to have one of our rear-end collision accident lawyers manage any of the timeframes established by the process. Acting quickly can also help us preserve the evidence gathered during the investigation.
In general, compensation can focus on expenses related to the medical care you need, both immediately after the accident and during your recovery process. This includes surgeries, medications, wheelchairs, or other necessary medical equipment.
Likewise, the compensation you receive must take into account whether you stop receiving your salary as a result of your injuries, whether your car needs repairs or a complete replacement, and whether you experience chronic pain or psychological after-effects such as post-traumatic stress, depression, or anxiety, mainly if injuries occur that permanently change your daily life, such as physical disabilities that prevent you from returning to work and providing for your family.
From your first visit to our offices in Hialeah and Miami, we are committed to treating you with the transparency you deserve, keeping you informed at all times about the results of our investigations and the exchanges with the legal representatives of the defendant and the insurance companies.
We will take care of every aspect of the legal strategy so that you can concentrate on your physical and psychological recovery without having to pay us a cent until we win the case, even if it is necessary to go to court when the insurers do not offer a beneficial settlement for you.
The attorneys and paralegals at Gallardo Law are just like you—members of the community who use the city's roads and highways every day to get to work or home. That is why providing you with legal guidance is a professional commitment of great importance to each of us. Call us as soon as possible and schedule your initial consultation completely free of charge.