Florida Personal Injury Lawyers Blog
When a rear-end collision happens, the second driver is often deemed liable for any harm suffered by the first driver. However, simply because a rear-end crash occurs does not mean the first driver is void of fault as a matter of law. This was demonstrated in a recent Florida ruling in a case arising out of a rear-end crash in which the court denied the plaintiff’s motion for summary judgment on the issue of liability, noting that there was a factual dispute as to whether the plaintiff was comparatively negligent. If you were hurt in a crash caused by another driver, it is prudent to speak to an assertive Florida car accident attorney to assess your possible claims.
The Accident
It is alleged that a multi-car collision occurred on a Florida highway. During the accident, the plaintiff’s vehicle was struck in the rear by a tractor-trailer driven by the defendant. The plaintiff sustained significant injuries in the accident, which required surgical repair. He subsequently filed a lawsuit against the defendant driver and his employer, alleging their negligence proximately caused his harm. At the close of discovery, the plaintiff moved for summary judgment. The court ultimately denied the plaintiff’s motion.
Fault in Rear-End Collisions
The court explained that summary judgment is only appropriate in cases in which it is clear that no true dispute over any material issue exists, and therefore the moving party has the right to judgment in its favor as a matter of law. The party seeking summary judgment is tasked with proving that there are no disputed issues of material fact. If the moving party meets this burden, any party opposing the motion must then set forth evidence sufficient to demonstrate the presence of a factual dispute that must be resolved via trial. Continue reading