Rear-End Collisions in Florida: Who’s at Fault and What Are Your Rights?
Rear-end collisions are among the most common types of auto accidents across Florida — especially in growing communities like Clermont, Minneola, Groveland, and other parts of South Lake County. While these crashes may seem straightforward, liability and legal rights can become more complex than you think.
If you’ve been rear-ended on Highway 50, US-27, or any of the busy roads across Central Florida, here’s what you need to know about proving fault, pursuing compensation, and protecting your legal rights.
Is the Rear Driver Always at Fault in Florida?
In most cases, yes — the rear driver is presumed to be at fault. Florida law generally holds that drivers must maintain a safe distance and be in control of their vehicles at all times.
However, there are some situations where the lead driver may share responsibility. For example:
Suddenly slamming on brakes without reason
Reversing unexpectedly
Driving with non-functioning brake lights
Pulling out unsafely into traffic
This is why having an experienced Clermont personal injury lawyer is critical — especially if there’s any dispute over fault.
Florida’s Comparative Fault Law Matters
Florida follows a modified comparative fault system, meaning if you’re found partially at fault, your recovery can be reduced by your percentage of fault. And as of 2023, you cannot recover any damages if you’re more than 50% at fault.
In rear-end crash claims, this could become relevant if, for example:
You cut someone off suddenly
You stopped on the highway for no clear reason
Your brake lights weren’t working
Even in a “typical” rear-end collision, insurance companies may try to argue partial blame to reduce your payout. That’s why legal representation is essential from the start.
Common Injuries from Rear-End Collisions
Rear-end crashes often lead to injuries that may not be immediately apparent. These include:
Whiplash and neck sprains
Back injuries and herniated discs
Concussions and head trauma
Shoulder and knee injuries from seatbelt impact
Chronic pain or delayed onset symptoms
If you’ve been rear-ended in South Lake County, don’t assume you’re fine just because there’s no immediate pain. See a doctor, document everything, and speak with an attorney.
What Compensation Can You Recover After a Rear-End Crash in Florida?
As an injury victim, you may be entitled to recover damages for:
Medical bills and future treatment
Lost wages and lost earning capacity
Pain and suffering
Emotional distress
Property damage
Loss of enjoyment of life
In many cases, your PIP (Personal Injury Protection) will cover up to $10,000 of initial medical and wage-related expenses. But for anything beyond that — especially pain and suffering — you’ll need to pursue a bodily injury claim against the at-fault driver.
What to Do After a Rear-End Accident in Clermont or South Lake County
To protect your health and your legal case, follow these steps after a rear-end collision:
Call the police and get an accident report
Take photos of all vehicles and the scene
Seek immediate medical attention, even if you feel okay
Avoid giving recorded statements to the insurance company
Call a trusted Clermont personal injury attorney as soon as possible
Why Choose a Local Attorney After a Rear-End Crash?
When you're dealing with an injury claim, having a local advocate makes a real difference. Our firm is based in Clermont and serves clients throughout Minneola, Groveland, Mascotte, Montverde, and the surrounding South Lake County area. We know the roads, the courts, the adjusters — and most importantly, we know how to fight for the compensation you deserve.
Injured in a Rear-End Crash in South Lake County? We’re Here to Help.
You don’t have to face the insurance companies alone. Whether you were hit on Highway 50, US-27, or in a neighborhood intersection in Clermont, we’re ready to help you understand your rights and build a strong claim.
-Call John Kilpatrick Law in Clermont for a FREE consultation today.
-Serving all of South Lake County and Central Florida.
