Who is at fault when a tractor-trailer stops suddenly and gets rear-ended?

Typically, the driver behind is presumed negligent, though this can be disputed. The tractor-trailer driver might share fault or bear primary responsibility if they stopped suddenly in a negligent or unsafe manner. Florida law recognizes several circumstances where the lead vehicle's conduct can shift fault:

• The lead driver braked suddenly without a reason, creating a danger to the following traffic.
• There was no warning provided by the lead vehicle before stopping. If the brake lights malfunction, or hazard lights aren't activated, those following may be unaware of the driver's intention to stop.

• Unexpected, unsafe, or unjustified stops were made by the lead driver. Stopping in an active travel lane for no apparent reason or without proper warning devices can overcome the presumption that the rear driver was solely at fault.

Additional factors that affect fault in commercial truck cases

Federal and state trucking violations can establish negligence in sudden-stop accidents. Violations of FMCSA regulations regarding safe following distances, brake maintenance, and speed management constitute a breach of duty. Federal rules require truck drivers to keep safe following distances and use working safety equipment, since trucks take longer to stop than passenger vehicles.

A truck driver's negligence can be distracted driving, excessive speed, or failing to adjust the stopping distance for traffic flow. Brake light failures and similar equipment problems that stop the trailing vehicle from seeing what's ahead can make the trucking company liable for poor maintenance.

How attorney Sean M. Cleary can help after a sudden-stop truck accident

Our team at The Law Offices of Sean M. Cleary knows how to rebut the rear-end presumption by proving that the tractor-trailer driver's sudden stop was negligent or violated federal safety regulations. Our investigation examines whether the truck driver provided adequate warning, had a legitimate reason to stop, or created hazards that other drivers could not reasonably avoid.

You can still seek compensation after rear-ending a tractor-trailer under Florida's comparative negligence rules if the truck driver's conduct caused the accident. If a sudden stop by a tractor-trailer led to your collision, reach out to our Miami office to schedule a free consultation.