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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

Is Fault Automatic In A Rear End Car Accident Case?

Frequently Asked Questions - Is Fault Automatic In A Rear End Car Accident Case?

Is Fault Automatic In A Rear End Car Accident Case?

Generally, people assume that if you are rear ended in an automobile accident, the fault lays with the vehicle that ran into the back of your car.  This is not necessarily the case for all rear end accidents though.  The majority of all auto accidents involve a rear end type of accident.  It is the most common type of accident because it is so easy for someone to become distracted very quickly.  You may not have realized that the traffic ahead of you is slowing down and if it stops suddenly and you’re still driving the speed limit, chances are you are going to collide with the vehicle in front of you.  It is always best to remain attentive and aware of your surroundings at all times when you are behind the wheel and refrain from using your cell phone or any other technology unless you are at a complete stop.  Otherwise, you could be held accountable for the accident if you rear end someone. 

If you are at a complete stop in traffic and someone runs into the back of your vehicle, of course you could have done nothing to avoid the accident; however, if your vehicle is then pushed into the vehicle in front of you, it can be a little tricky.  If you are the middle vehicle in a rear end accident, do not automatically assume you are not liable for any damages.  If you are rear ended and your vehicle is pushed into the rear of the vehicle in front of you, you could be held partially at fault for failure to leave a safe enough distance between your vehicle and the vehicle in front of you.  This is called comparative negligence.  Comparative negligence is when you’re involved in an accident and you and the other party are both at fault.  Insurance companies are always happy to assign as much blame as they can on the other party as that means less money they have to pay out for their insured’s negligence.   If you find yourself in this situation, it’s hard to get out of unless you have an experienced, aggressive attorney on your side.  Attorneys fight for their client’s rights and do everything in their power to overturn the insurance company’s rulings, even if this means having to file a lawsuit and take them to trial. 

Another scenario that could leave you partially at fault for an accident is weaving in and out of traffic, unintentional or not.  If you’re driving down the road and suddenly realize that you need to be in the other lane and you swerve over but then decide to change your mind half way into your merge and then get back into your original lane, chances are the vehicle behind you has already sped up and if that vehicle rear ends you as you get back into your lane, you will more than likely be deemed partially, if not fully at fault.  If you decide half way through a merge that you do not in fact need to be in the next lane, the safest thing you can do is continue with your merge, put your blinker on and then move back into your original lane when it’s safe to do so.  A lot of accidents are caused this way either by someone failing to pay proper attention to the road or someone who doesn’t care about cutting other people off.  Either way, you are likely to receive a traffic citation, points on your license, a fine or an array of other penalties.

Tailgating is another way to be deemed at fault for a rear end accident.  If you are traveling too close to the vehicle in front of you and that vehicle has to push on their breaks, usually there is no time or space for you to avoid slamming into the rear of their vehicle.  So many people are in such a rush that they think by tailgating someone, they will move out of their way.  In fact, if you’re being tailgated, studies shows that makes the vehicle in front drive even slower to try to teach the tailgater a lesson.  The safest thing you can do when you’re behind the wheel is leave enough space between you and the vehicle in front of you so that if breaks are applied in a quick manner, you have plenty of time and space to slow down too.  If you cause an accident while tailgating someone, you will definitely be found at fault for the accident and will more than likely be issued a citation for careless driving.  You can try to fight this ticket in court but you will probably lose based on those circumstances.  If you are the one being tailgated and you slam on your breaks for no reason at all, you too could be held liable for the accident if the other vehicle hits you.  Although this doesn’t seem fair, if you’re being tailgated, you should always continue driving the speed limit and wait for that vehicle to pass you. 

If you’ve been found to be at fault for a rear end accident and your insurance company is being sued by the person you hit, your insurance company will assign an attorney to defend you if an actual lawsuit is being filed.  If a lawsuit is not filed, your insurance company will try to resolve the claim with the other party or their attorney without your involvement.  You will not be involved or consulted by your insurance company at that stage.  If you are served with a complaint notifying you the person you injured is suing you and your insurance company, your insurance company will be in touch with you and advise you on how to move forward.  An attorney will be assigned to defend you and the insurance company’s rights.  A lawsuit can be a very stressful thing to go through so always remember to pay attention to your surroundings on the road and the vehicles in front or around you so you don’t cause an accident.



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With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Trial Pro got me $491,000
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In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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250 N Orange Ave, 14th Floor

Orlando, FL 32801

help@trialpro.com

(407) 300-0000


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Trial Pro, P.A. Car Accident Attorneys

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