The governing rule under Florida law is that even a sudden stop by the lead vehicle does not overcome the presumption of negligence on the part of the rear-ending driver. Therefore, the law in Florida attaches a presumption of negligence to the rear driver in a rear-end collision accident.
The victim in this Florida truck accident case is a 50 year old wife and mother who was traveling as a front seat passenger in a friend’s automobile, northbound on I-95 near Tenth Avenue North in Lake Worth when traffic slowed ahead. They were rear-ended in traffic by the driver of a large box truck who had not noticed that traffic had slowed. The Florida Highway Patrol investigated the accident and cited the driver of the box truck for “Speed – Failed to Use Due Care”. According to the victim, the damage was very heavy and the FHP crash report stated that the vehicle she was in sustained approximately $4,000 in damage.
The injuries to the victim in this crash were to her neck and low back. She did not go to the emergency room immediately after the crash, but began treating with a chiropractor shortly thereafter. She was hoping to recover with conservative therapy, but eventually was sent for an MRI, which showed herniated discs at C5-C6 and C6-C7 and was therefore referred to an orthopedic surgeon for treatment. After a thorough examination, the orthopedic surgeon recommended surgery for the herniated discs at C5-C6 & C6-C7, requiring anterior cervical discectomy and fusion, which the victim did undergo without complications.
Understandably, afater the surgery, the victim’s medical expenses totaled well over $114,000.00 and she continues to sufffer a great deal of chronic pain, which prevents her from living the active and fulfilling life she was engaged in prior to this accident.
The victim was very concerned about her mounting out-of-pocket expenses and her lost wage claim, so she sought the services of Attorney Jason D. Weisser for assistance in this matter. Mr. Weisser was successful in obtaining a settlement in this case for several hundred thousand dollars without the necessity of a trial. This victim will now be able to go forward with her life and will be able to handle any financial obstancles she may face in the future with her ongoing medical treatment.