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Who is Responsible in a Rear End Collision?

John Daniel Shuman was hurt when he crashed his motorcycle into the back of a car driven by Raymond Lacombe. According to tbo.com, Lacombe stopped his car at a crosswalk in Redington Beach Florida at the intersection of Gulf Boulevard and 157th avenue to allow pedestrians to cross. According to Pinellas County Sheriff deputies, Sherman was airlifted to Bayfront Medical Center with life-threatening injuries.

In Florida, the law requires you to maintain control of your vehicle at all times. A driver that rear ends another vehicle is presumed to have negligently failed to control his or her vehicle. In this case, the law would presume the motorcycle driver was negligent in failing stop before rear ending the car.

The presumption of negligence can be overcome by producing evidence that the vehicle that was rear ended was responsible for the accident. For example, the presumption of negligence might be overcome if a pedestrian had not been in the street and the automobile stopped suddenly for no apparent reason in a place that one would not ordinarily expect a vehicle to stop.

Scott Distasio
Tampa Personal Injury Lawyer

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888-595-0022

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