Learn who’s responsible in a rear-end crash in Tampa and when you can file a lawsuit against a negligent driver

Florida’s large tourist population and high-traffic roads make rear-end collisions all too common. Whether you were hit from behind in congested traffic in downtown Tampa or you accidentally crashed into the car in front of you during a sudden I-275 slowdown, figuring out what happens next and who’s responsible can be rather complicated. 

Florida’s no-fault insurance system means that your own insurance covers some of your medical expenses, regardless of who caused the crash. But if injuries are serious, the at-fault driver could be held responsible for additional damages. While it’s true that the driver in the rear is usually considered at fault, that’s not always the case. Sometimes, the driver in front may share responsibility or even be entirely responsible in certain situations.

At Palmer Lopez, we help drivers on both sides of rear-end accidents understand their rights and navigate the legal process. If you were seriously injured in a rear-end accident in Florida, our experienced Tampa car accident attorneys can help you explore your legal options so you can get the compensation you deserve.

Keep reading to learn more about how fault is determined in these types of crashes and when you might be able to file a personal injury lawsuit in Florida. If you have specific questions about your case, don’t hesitate to reach out to schedule a free consultation.

What happens to your body when you get rear-ended?

Many people assume that rear-end collisions aren’t as dangerous as other types of crashes, like a head-on car crash, but they can and do cause serious injuries and fatalities. In 2022 alone, rear-end crashes were responsible for 3,400 deaths in the U.S., making up about 17% of all car crash fatalities that year. Even at lower speeds, the sudden impact of a rear-end collision can jolt the body in ways that lead to painful and long-lasting injuries.

Some of the most common injuries in rear-end crashes include:

Even if you feel fine right after a rear-end crash, it’s always a good idea to seek medical attention as soon as possible to make sure nothing goes unnoticed, as injuries often take time to appear.

Is Florida a no-fault state for rear-end collisions?

Yes, Florida is a no-fault state for rear-end collisions, meaning that after an accident, each driver’s own personal injury protection (PIP) insurance covers their medical bills and lost wages up to the limits on their policies, regardless of who caused the crash. This system is designed to make it easier for car accident victims to get medical treatment without having to prove fault.

However, if injuries are serious and meet Florida’s injury threshold, such as permanent disability, disfigurement, or death, you may be able to file a lawsuit against the at-fault driver to recover additional damages, including pain and suffering.

What happens if you get rear-ended in Florida?

If you get rear-ended in Florida, there are specific laws you must follow after a crash. Even small mistakes—like not reporting the accident or failing to seek medical attention—can lead to legal or financial consequences. 

Here’s what drivers are required to do after an accident under Florida law:

1. Stop and check for injuries. Florida law requires all drivers involved in an accident to stop. Leaving the scene, even after a minor crash, could result in criminal charges. If anyone is injured or damage to either vehicle appears to be over $500, you must call 911 and report the accident. Emergency responders will assess injuries and file an official police report.
2. Exchange information. You must exchange information with the other driver(s) involved, including name and contact information, driver’s license numbers, vehicle registration details, and insurance information.
3. Document the crash. If it’s safe to do so, take photos of any vehicle damage, the accident scene, license plates, any visible injuries, and traffic signs or signals. If there are witnesses, try to get their contact information as well.
4. Report to your insurance company. Since Florida is a no-fault state, you’ll need to file a claim with your own insurance company under personal injury protection (PIP), which typically covers 80% of medical expenses up to $10,000 and 60% of lost wages if you’re too injured to work.
5. Seek medical treatment. Under Florida’s 14-day rule, you must seek medical care within 14 days of the accident for your PIP benefits to apply. Always seek treatment even if you don’t initially feel injured.

If you’ve suffered severe or catastrophic injuries that you believe meet Florida’s injury threshold, speak with a personal injury attorney in Tampa who can help you collect evidence and file a claim against the at-fault driver for additional compensation.

What is the rear-end collision law in Florida?

In Florida, there is a legal presumption that the rear driver is at fault in a rear-end collision. This means that, in most cases, the driver who crashes into the back of another vehicle is assumed to be responsible for the accident. 

However, this presumption is not absolute—it can be challenged under certain circumstances, which we’ll explain below.

Exceptions to Florida’s rear-end presumption rule

Florida courts recognize 4 main situations where the rear driver might not be at fault:

Additionally, Florida courts have recognized a sudden medical emergency defense—if the rear driver unexpectedly lost consciousness due to a medical condition, they may not be held liable.

What if both drivers are to blame for the accident?

Even if the rear driver proves they weren’t entirely at fault, they could still be held partly responsible for the crash. 

Florida follows a modified comparative negligence system, meaning that fault can be shared between both drivers. If the case goes to court, a jury will decide how much each driver is responsible for the crash, and compensation will be adjusted accordingly.

Generally speaking, accident victims in Florida can recover compensation for car crashes involving serious permanent injuries or wrongful death as long as they’re not more than 50% to blame for the incident.

Because the amount of fault you’re assigned can significantly impact the final compensation you receive, it’s crucial to seek help from an experienced car accident attorney early on in the process to ensure your rights are protected.

Were you seriously injured in a rear-end collision in Florida? We can help!

When you’re dealing with the aftermath of a rear-end collision, you need more than just legal representation—you need a team that truly has your back. At Palmer Lopez, we know how overwhelming insurance claims and legal battles can be, especially when you’re recovering from serious injuries and facing mounting medical bills. 

That’s why we take a personal, hands-on approach to every case. You won’t be passed off to an assistant or paralegal—you’ll have direct access to your attorney, ensuring clear communication, regular updates, and a strategy tailored to your specific situation.

Our firm is built on experience, dedication, and results. We don’t let insurance companies take advantage of injured victims, and we fight aggressively to maximize the compensation you deserve. Whether you need help proving fault, negotiating with insurers, or taking your case to court, our skilled Tampa car accident lawyers have the skills and resources to make it happen.

Don’t leave your future to chance. Contact Palmer Lopez today to schedule a free consultation to learn how we can help with your Florida car accident claim.