Comments on: Florida High Court: Either Driver Can Be At Fault In Rear-End Crashes

By: curious

curious — Mon, 26 Nov 2012 13:15:06 +0000

Once you cross pine barron creek on 29 going south you run into a whole different ballgame. people don’t have respect for speed limits, red lights, right of ways,etc. It all comes down to 1 word, Pensacola.

By: Mark T

Mark T — Sun, 25 Nov 2012 02:18:57 +0000

Definitely a good ruling for a change from the Courts!!

By: David Huie Green

David Huie Green — Sat, 24 Nov 2012 07:11:55 +0000

REGARDING:
“- – - what a nightmare this ruling will be for dealing with insurance claims. How will damages and injuries be processed if there is a presumption of innocence for both drivers?”

There should always be a presumption of innocence.
Proof of guilt should be required.
Injuries should be processed with medical care.
Insurance companies should be able to figure out what happened and/or fight it out amongst themselves.

AND
“A number of years ago I was involved in an accident on Bayou Boulevard ”

I haven’t been but it’s a wonder. While covering for another school bus driver one afternoon, I was stopped and letting off children at Bayou and 12th with stop arms extended and watched some six or seven cars run the school bus stop arm. I said, “Look at them breaking the law.” One of the students said, “The crazy white lady blows her horn at them.”

It seemed sane to me, so I honked at them too. From what they said, it was a daily event. Still, it would have been nice if they didn’t ignore the safety of children and if the Pensacola Police had protected them.

David for good drivers,
hoping Bayou Blvd gets more of them

By: Pcolamomof4

Pcolamomof4 — Sat, 24 Nov 2012 07:05:55 +0000

In ‘94 my dad was the third car in a wreck. The first car stopped suddenly and the second car slammed into the first car. My dad saw all of this happening and tried to go to the side of the road to miss the wreck but didn’t quite have enough time or space. He hit the rear passenger side of the second car with the driver side of his car-headlight to taillight basically. He was charged with rear ending the second car and the lawyer of the first car went after him for causing the entire wreck. His insurance company said the accident was clearly not his fault but settled out of court anyway. This ruling would have been extremely helpful for him.

By: Sue Byrd

Sue Byrd — Sat, 24 Nov 2012 05:46:46 +0000

Patriot, sorry, I don’t know the statute. All I know is that I had 2 friends involved in multi-car collisions, both at the same intersection on the way to work, both were the 3rd car back from the stop light when they were hit from behind, both got tickets. That was a few years ago and since then I have made a habit of keeping a car length between my car and the vehicle ahead of me at any stop sign or stop light. Recently, I was the 3rd car back from a stop light and was hit. I was not charged, presumably because I didn’t get pushed into the car ahead of me.

By: Patriot

Patriot — Fri, 23 Nov 2012 23:25:55 +0000

Sue Byrd,

Would you be so kind as to give a reference backing up your claim? What state statute or case law are you referring to?

Sue Byrd said: “If you are stopped at a light and get rear-ended, pushing your car into the car ahead of you, you are charged with the accident. FL law is that every car from the 3rd car back is at fault.”

By: Dennis

Dennis — Fri, 23 Nov 2012 21:30:38 +0000

Work for a company that requires us to stop where we can see the rear wheels of the vehicle in front of us touching the pavement in a car or truck, vans further back,ie at least 2 car lengths. Yes you occaisionally have the idiot who pulls in between you and the front vehicle. The rest of the time you realize how hard someone would have to hit you to push you that far. If you keep the one car length per 10 mph and are watching where you are driving(not texting or talking on the phone) you should be able to get stopped even if they slam on the brakes. But then someone might cut between you and the car in front of you. Can’t have that. Let’s follow at 60mph with one, two at the most car length between us so we will be the first at the wreck when someone slams on the brakes.

By: Sue Byrd

Sue Byrd — Fri, 23 Nov 2012 20:19:42 +0000

To David H, if you pull out in front of someone, you are charged with the accident even in cases where you have the right of way.

Chris forgot to mention what a nightmare this ruling will be for dealing with insurance claims. How will damages and injuries be processed if there is a presumption of innocence for both drivers?

I wish the court would addressed another traffic law dealing with rear end collisions. If you are stopped at a light and get rear-ended, pushing your car into the car ahead of you, you are charged with the accident. FL law is that every car from the 3rd car back is at fault. That’s why so many drivers got tickets back when there was a 75 car pile-up on the interstate north of Orlando during a brush fire and dense smoke.

By: David Schwartz

David Schwartz — Fri, 23 Nov 2012 19:55:48 +0000

A number of years ago I was involved in an accident on Bayou Boulevard where a dog ran into traffic and everybody slammed on their brakes and pretty much everyone hit the car in front of them. I hit the car in front of me hard enough that I moved my windshield with my head and totaled the vehicle. The judge found that no one was at fault. The lady I hit actually testified on my behalf. There are many circumstances where an accident can be caused by the lead car, such as making a sudden turn with no signal. Police have skills to determine fault. If the lead car is submarined by another car, that means they were HARD on the brakes.

By: Mark

Mark — Fri, 23 Nov 2012 15:52:25 +0000

This is good because we have some whack drivers around here! People making right turns on reds because there is 20ft of space between two cars and they try to jam in there, but DO NOT accelerate!

Then we have the idiots that will slam on their brakes and stop to let someone out of a parking lot!! Com’on! If you are already stopped, then let them out, but if your car is MOVING and there are others behind you, you keep the flow of traffic moving!!