Rear-end collisions are some of the most common on the roadway. Most occur because drivers don’t pay attention and travel too fast for conditions, failing to maintain enough distance between their vehicle and the one ahead.
That’s why there is a presumption of negligence on the part of the tail-end driver.
But this presumption is not infallible. In fact, three years ago, the Florida Supreme Court took on this issue in Cevallos v. Rideout and rejected the 4th District Court of Appeal’s finding of presumptive negligence in a rear-end crash. The court determined a rear driver can rebut the presumption of negligence by producing evidence to show negligence on the part of the front driver.