The Sudden Stop Defense for Rear End Car Accidents in the Tampa Bay, Florida Area

Suppose you were hit from behind in a Tampa Bay, Florida car accident and sustained serious injuries. The driver who hit your car from behind is at fault, right? Most of the time, yes, but not always. Because of Florida's comparative fault system, the other driver may claim you made a sudden stop right before the impact, making you partially responsible for your injuries.

In many cases, the Sudden Stop Defense will not erase blame for the driver who hit your car from behind. Drivers are responsible for keeping a safe distance from other vehicles on the road, so few people can say they are innocent in a car accident because the driver in front of them stopped too fast.

Unfortunately, though, if you were injured in a rear-end accident, the sudden stop defense may affect the amount of compensation you receive from the other driver for your accident injuries. For instance, let's assume the other driver carries ample insurance coverage for your injuries. However, the other driver's insurance company insists that you are 20 percent to blame for the accident because you came to a sudden stop for no apparent reason, causing their client to hit you. Therefore, if you need $50,000 for your accident-related medical care and the insurance company insists that you are 20 percent at fault, the other driver's insurance company may only be willing to pay 80 percent of your claim, or $40,000. You might be expected to pay the remaining $10,000. You would have the choice to take the at-fault driver's insurance company to court so that a jury can decide the appropriate percentages.

Insurance companies want to pay as little as possible in claims, and they usually have their own team of lawyers looking for any way possible to make you, the injured person, at least partially responsible for your injuries. This is probably the most important reason why you should consult with a Tampa car accident lawyer about your accident injuries. You deserve to have an attorney in your corner, fighting for your right to compensation.

On a side note, keep in mind that there are several scenarios in which the sudden stop defense may be valid. For example, there is a common car accident scam called the Swoop and Squat. The Swoop and Squat scam puts innocent drivers in a situation in which a rear-end accident is unavoidable. How does it work? First, scammers quickly pull in front of another driver and slam on the brakes, forcing the driver behind them into a minor rear-end collision. Then the scammers make a fraudulent personal injury claim, hoping to bilk you and/or your insurance company out of a lot of money. Scams like the Swoop and Squat are a good reason to make sure that you call the police after an auto accident. Police investigating the accident will have the experience and knowledge to recognize the Swoop and Squat as well as other scams, thus saving you and your insurance company a lot of headaches in the future.

If you have been in a car accident in the Tampa Bay area and you need more information about the sudden stop defense or any other legal terms, please contact the Law Offices of Dale Appell, P.A. for a free consultation today.