Close X


Hit in the Rear End – The other Person is “At-Fault” – Legal Presumptions Explained

Posted by Guy DiMartino | Feb 19, 2013 | 0 Comments

Florida trial lawyer, Guy S. DiMartino, DC, JD, explains why the law deems a person “at fault” for an accident if he runs into the rear-end of another car, truck or motorcycle.

In order to get money if you're injured in a Florida car accident, you have to prove that the other driver was at-fault for the accident and the accident caused your injuries.  In Florida, if a motor vehicle is stopped and rear-ended the other driver is presumed “at-fault” for the crash.  So, it makes it easier to prove the first part an accident case in that all you have to show is that you were fully stopped and hit in the rear.

Legal Presumptions

Professor Erhardt explains it this way:

A presumption in a legal proceeding is an assumption of the existence of a fact which is in reality unproven by direct evidence. A presumption is derived from another fact or group of facts that has been proven in the action. If a presumption is recognized, the presumed fact must be found to be present if the trier of fact finds that the underlying facts which give rise to the presumption exist.

In civil cases, a car accident case is a civil case; the law recognizes a number of presumptions, which makes it easier to prove essential facts of the case.  The presumptions include:

  • The driver of an automobile that collides with the rear of another is presumed negligent.
  • A package or letter that is properly addressed and mailed with proper postage is presumed received.
  • Owner of a car or truck is presumed to have consented to use by another person driving the vehicle.
  • The death of an individual is presumed after the person is absent for 7 years.
  • If an attorney says that she has the authority to act on behalf of a client, it is presumed that the attorney actually has the authority.
  • Lack of essential medical records due to the adverse party's negligence raises a presumption that the medical or surgical procedure was negligently performed.
  • If a foreign object is left in a patient from a surgical procedure, the doctor is presumed negligent.

The purpose of legal presumptions, is to make proof easy, cut down on legal fees and decrease congestion in the courts.  As a general rule, insurance adjusters will not fight that their insured is negligent if they hit another vehicle in the rear so the only thing to fight about is the nature and extent of the client's injuries.

If you have any questions about a Florida accident case or how legal presumptions work in real life, give me a call at (352) 267-9168 or fill out the internet consultation form on the right.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.