Rear End Accidents Cause Injuries to Motorcyclists
Statistically, rear end accidents are more common in motor vehicle to motor vehicle crashes than in cases involving motor vehicle to motorcycle crashes. Statistics are a bit irrelevant when you or a family member is the victim of a motorcycle accident in which a driver crashes into the back of a motorcycle. In most motorcycle crashes, injuries are sustained because a motorcycle is no match for the size, weight, power or force of the typical passenger motor vehicle even if a crash involves slow or minor speed impacts.
Pursuant to Section 316.0895, Florida Statutes, the following law applies to rear end accidents:316.0895 - Following Too Closely
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
When there is a rear end crash, this statute is often referenced by the investigating police officer when a citation is issued to the driver of the motor vehicle that rear ends a motorcyclist or another driver. In the State of Florida, there is a presumption that the driver of the vehicle who rear ends another driver or motorcyclist is at fault for the crash or accident; however, it should also be pointed out that the presumption can be overcome by other evidence and testimony. The presumption under Florida law based upon the aforementioned statute and case law is not absolute.
As noted by the Florida Supreme Court in Cevallos v. Rideout, 107 So.3d 348 (Supreme Court of Florida, 2012), "the presumption of negligence that attaches to a rear driver in a rear-end motor vehicle collision case can be rebutted or avoided by the production of evidence from which a jury could find negligence on the part of the front driver that contributed to bring about the injury-producing collision."
It is important that other drivers watch out for the presence of motorcycles on the streets, roadways, and highways. Many rear end related crashes are related to excessive speed, distracted driving, and careless driving. Many drivers are in a hurry to get to the next destination and this haste often leads to a crash into the back of a motorcycle that causes serious personal injuries to the biker.
Let's say that a motorcyclist is stopped at red light on a clear and sunny day. Out of nowhere, a driver crashes into the rear end of the motorcycle causing the biker to fall down. This crash causes personal injuries and the motorcyclist is transported by fire rescue to a local emergency room. There were two independent witnesses to the crash. Under this fact pattern, one may assume that the case is an "open and shut" case. However, for many personal injury cases or claims, the fight or battle has just begun. Even when liability or fault is clear, insurance companies will still challenge the severity of the injuries and the relationship of the claimed injuries or damages to the subject motorcycle accident. If the motorcycle only has one ER visit, this case would be evaluated much differently than one involving months of therapy, pain management injections, and related medical care.
David A. Wolf is a Florida Motorcycle Personal Injury Attorney with over 28 years of experience representing residents and visitors to the State of Florida. David A. Wolf understands the intricacies of personal injury cases especially those that affect the motorcyclist and his or her family. David A. Wolf is the author of 12 books that focus on personal injury and safety issues. Contact David A. Wolf today for a Free Consultation to discuss your legal rights and recommended courses of action. If the case is accepted for representation, David A. Wolf will handle the case on a contingency basis which means that you will not be charged fees or costs unless there is a financial recovery on the case. Get D Wolf On Your Side - At Your Side.