Rear-end accidents are the most common type of accidents on the road. If you have sustained injuries in a rear-end crash, you may be entitled to compensation from the at-fault party. At the Law Offices of Robert Dixon, our trusted Miami rear-end accident attorneys will analyze the circumstances surrounding your accident and help you determine a fair value for your injuries and harm.
In Restal v. Nocera, an accident took place in Brevard County in which the defendant’s vehicle rear-ended the plaintiff’s car. The plaintiff filed a lawsuit against the defendant alleging permanent bodily injury and various other related damages. During deposition, the plaintiff said she was going to make a U-turn, moved toward the median and slowed down to approximately thirty miles an hour. She claimed that she never used the brakes. She then realized that she couldn’t make a U-turn at which point the defendant struck her car from behind. The defendant told a different story. He stated that the plaintiff slammed on her brakes and was turning towards the center median when he hit her and admitted that he could have prevented the accident if he had left more space between his vehicle and the plaintiff’s vehicle.
The trial court granted summary judgment against the defendant based on his admission as well as the presumption of liability in rear-end accident cases. Thus, the trial was held only on how much the plaintiff was owed. The defendant appealed stating that his testimony was enough to raise an issue about whether the plaintiff’s comparative negligence was a contributing factor in the accident.