Florida Court Allows Drivers to Rebut Presumption of Fault in Rear-End Crashes

By | December 28, 2012

  • December 28, 2012 at 10:35 am
    ExciteBiker says:
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    The case aside, this should show everyone why cell phone use and driving don’t mix and also why following too closely is a poor choice even at slower speeds. Stay safe on the roads this weekend.

  • December 28, 2012 at 10:20 pm
    DaveinKY says:
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    This case also illustrates a common problem that trucking companies face with passenger car drivers that drive erratically. In 25+ years, I have never seen the insurance company fight a claim where a trucker was either cut off or had a car pull in front of them at the last moment. It has simply always been the truckers fault. I hope this has some influence on these type of incidents.

  • December 31, 2012 at 8:31 am
    Roland says:
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    Except in cases of sudden physical impairment or mechanical failure, there is never an excuse for running into the back of a vehicle that you have been following for more than a few seconds. Every American road has become an endless parade of pathetic crybabies who fancy themselves race car drivers. When you tailgate, you by definition do not have your vehicle under control. You are not a driver at all, but a helpless passenger.

  • January 4, 2013 at 11:53 am
    Bill Jones says:
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    This is just common sense. It all started in St. Pete in the 70’s when folks who had Alzheimer’s would stop in the middle of the road for no reason other than they didn’t know where they were going.

    I’ve noticed that truckers are often cut off by frequest lane-changing drivers who really constitute a menace. Perhaps this finding will make a difference, and as a Florida adjuster, it seems only appropriate that the court find in this manner as we are a pure-comparative negligence state.

    • January 4, 2013 at 3:05 pm
      Roland says:
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      Bill, your point is well taken, but I’ve driven tractor-trailers all over the country, and things that happened in front of me were never a problem. Why? Because as a professional driver I always took upon myself the responsibility of not hitting anything within the 180-degree field of view in front of me. The typical amateur does not think that way. If a vehicle does stop in front of him for no reason (obviously I don’t recommend that), he won’t accept any responsibility if he slams into it. He is so pathetically incompetent that he can’t imagine anything in the world he could have done differently to avoid it. There was a news report last week about a tow truck driver plowing into the back of a slow-moving car on an interstate in our area, killing one of the occupants. The reporter said that the authorities would have to determine whether the truck driver was in any way at fault. Amazing. I guarantee you that if I had been driving the truck, that victim would still be alive. Good driving is easy, but it apparently is no longer required.



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