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What to Do When You Are Rear-Ended by a Tailgating Driver in Florida

December 02, 2022

Although many violations of traffic safety laws can lead to a serious collision, drivers who neglect to follow at a safe distance pose an especially serious risk to other drivers.  Rear-end collisions often lead to catastrophic injuries like traumatic brain injuries (TBIs), spinal cord damage, fractured and broken bones, and other debilitating conditions.  

Tip 1 - Summon Emergency Services

Even if you think you suffered only minor injuries, summoning emergency assistance provides multiple benefits.  Many accident victims presume that they have only experienced mild injuries, but this determination becomes especially difficult under the influence of shock, pain, and stress.  Triggering an emergency response will enable you to obtain immediate medical attention and to request a law enforcement accident report.  

When speaking to the law enforcement accident investigator, you should explain what the other driver did wrong that caused the accident, such as tailgating your vehicle.  Also disclose your pain and injuries to law enforcement and emergency medical responders.

Tip 2 - Preserve Important Evidence

Certain steps can prevent the loss of critical evidence.  If you were struck while stopped at a red light, for example, a rear impact collision might have propelled both vehicles into the intersection.  While the other driver might attempt to remove his vehicle from the intersection to avoid further collisions or the obstruction of traffic, you should take pictures of the vehicles positions before they are moved.  Photos also should be taken of any damage to the vehicles as well as any debris, the surrounding area, and any injuries you experienced if you are physically able to do so.  If your injuries preclude taking photos, you should ask any uninjured passengers to take photos.  Although the officer investigating the accident should retrieve information from witnesses, you should try to get the names and contact information for any witness before they leave the scene.

Tip 3 - Get Legal Advice

Some people attempt to deal directly with the other driver’s insurance company, especially when another driver rear-ends a vehicle.  Since a driver who crashes into the rear of another vehicle usually will be at fault, an injury victim might think that negotiating directly will lead to a quick and easy settlement.  However, insurance companies frequently offer ludicrously low settlements despite the obvious fault of their insured. 

Insurance companies handle a multitude of claims, so they have many strategies to limit payouts.  For example, they might indicate that your injuries pre-date the accident.  Alternatively, the adjuster might argue that the accident was a “low impact’ crash that could not have resulted in serious injuries. 

Experienced Florida auto accident injury lawyers use their knowledge, training, and experience to build strong cases to prove both the liability of the other driver and to maximize the value of your claim by gathering evidence and developing persuasive arguments based on the law and relevant facts.  

Legal Help for Car Accident Victims - We Know What It Takes To Win!™

Did you or a loved one sustain injuries or suffer the loss of a loved one in an accident caused by another's negligence?  Protect your legal rights by calling Montlick Injury Attorneys Nationwide, 24/7, at 1-800-LAW-NEED (1-800-529-6333). Our Car Accident Injury Lawyers are here to listen, understand your situation, and advise you. 

If you or a loved one suffered an injury, contact Montlick Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries or lost a loved one in an accident for over 39 years.  Our trial attorneys have recovered billions of dollars for our personal injury clients through negotiated settlements, litigation/lawsuits, settlement of lawsuits, jury verdicts, mediation, and arbitration awards.

Please visit our Montlick Injury Attorneys reviews to see what our clients have to say about our commitment to exceptional service.

No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us nationwide 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone. You can also visit us online at and use our Free Case Evaluation Form or Free 24-hour live chat.



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Category: Auto Accidents

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.