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Plaintiffs Who Are Victims Of Hit In The Rear Accidents Are Presumed Free Of Fault In Florida

Posted in Hit And Run Car Accident,News on May 17, 2012

Plaintiffs Who Are Victims Of Hit In The Rear Accidents Are Presumed Free Of Fault In Florida

In this era where texting and speaking on a cell phone while driving is unfortunately the norm and not the exception there will be a dramatic increase in hit in the rear car accidents. As texting involves the ultimate driver distraction of taking one’s eyes off the road and the car in front of you, a momentary glance at the cell phone alone can lead to a serious car accident.

The Herald-Tribune is reporting that an elderly Florida couple and their dog were injured Friday in an accident on U.S. 41 in Sarasota. Police indicate that the victims who were 73 and 75 years of age were travelling southbound when their vehicle was hit in the rear. The couple were both injured and transported to Blake Medical Center.

The driver that struck them was travelling much faster than the victims the police report states. After the collision the victim’s vehicle entered the center median. The driver apparently over responded to the impact causing his car to rotate clockwise and flip over, coming to a stop on its side. No tire marks were found at the scene of the accident.
The victims’ dog sustained a minor leg injury and was collected by Palmetto animal control services.

While there is no evidence whatsoever that the driver who struck the couple here was texting or speaking on a cell phone, more often than not in Florida that is the case. I see many cases in my practice where my clients were stopped in traffic, at a stop sign or at a red traffic signal and were hit in the rear by a driver who was found to have engaged in the ultimate driver distraction of texting while driving.