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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 life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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