Florida Court Allows Drivers to Rebut Presumption of Fault in Rear-End Crashes

Florida’s high court has ruled that drivers that cause an automobile accident by striking another car from behind can still sue the other driver for damages depending on the circumstances of the accident and the other driver’s actions. The Florida Supreme Court recently ruled [Cevallos v. Rideout No. SC09-2238] in a case that clarified several conflicting lower court rulings on the matter. At issue is to what degree can a presumption that the driver causing a rear-end automobile accident is solely responsible for damages be rebutted under Florida’s tort system.