In Florida, the driver who rear-ends another vehicle is generally presumed to be at fault. Florida law requires all drivers to maintain a safe following distance, often described by courts as an “imaginary clear stopping distance,” so they can stop safely if traffic slows or stops.
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:
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.
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.