The Rear End Collision Rule is not so Strict After All

In a typical rear end collision case, there is a rebuttable presumption of negligence that attaches to the driver of the rear vehicle. The thought process behind the rule is that the rear vehicle was likely either driving too fast or following too closely behind the lead vehicle. The presumption is that the rear driver’s negligence is the sole cause of the collision. This presumption can only be rebutted if there is evidence put forth from which a jury could infer that the lead driver was also negligent. This rule of law is brought on through Florida’s comparative negligence system.

One way around being labeled as the “sole cause of the accident,” is through the Sudden Emergency Doctrine. According to the Fourth District Court of Appeal, the question of whether a lead vehicle contributed to an automobile accident is a question of fact for the jury. Therefore, if evidence is put forth that the lead vehicle contributed to the accident, such as by suddenly stopping or switching lanes, the issue has now become a question of fact for the jury to decide and summary judgment in regards to that issue should be denied. Padilla v. Schwartz, 199 So. 3d 516 (Fla. 4th DCA 2016). In Padilla, the rear driver testified that he was driving the speed limit when the lead vehicle appeared in front of him out of nowhere and, although the rear driver applied the brakes, he was unable to avoid hitting the lead vehicle. The trial court granted the lead driver’s motion for summary judgment and the 4th DCA reversed finding that there was a genuine issue of material fact. The Sudden Emergency Doctrine is also applied in the Florida Supreme Court case of Loftin v. Anderson, when a passenger on a train was injured while falling after the train conductor slammed the brakes to avoid crashing into a car stalled on the tracks ahead of him. Loftin v. Anderson, 66 So. 2d 470 (Fla. 1953). The Court held that one cannot invoke the doctrine’s protection if the emergency resulted from his own negligent conduct.

If you represent or insure the driver of the rear vehicle, investigate all of the facts before admitting liability. If you feel the accident was a result of a sudden emergency caused by the lead vehicle and the rear vehicle had no opportunity to avoid the accident, put forth that evidence and let the jury decide.