You’re driving through West Palm Beach traffic, watching the lights ahead, keeping your distance. Then the car in front of you slams to a stop. You hit the brakes, but it’s too late. The impact shakes you, and now you’re left trying to figure out what comes next.
After you’ve exchanged insurance information with the other driver, taken photos of the damage, and spoken with the police, you finally make it home. That’s when the questions really start. You open your phone or laptop and search, “I rear ended someone who stopped suddenly.” You want to know what Florida law says about fault and what you’re supposed to do next.
While the driver in the back is often blamed, that’s not always the end of the story. What the other driver did or didn’t do before the crash can matter just as much. Here’s what to know before you deal with the insurance company or make decisions about your claim.
Are You Always at Fault in a Rear End Collision?
That depends on the circumstances. Florida law doesn’t assign fault based on assumptions. It relies on the facts of the case and how each driver behaved in the moments leading up to the crash.
Florida follows a comparative negligence system, which means both drivers can share responsibility. If the other driver created a dangerous situation by stopping suddenly without cause, failing to signal, or having broken brake lights, they may carry part of the blame.
Under Florida Statutes § 768.81, liability is divided based on each person’s share of fault. So even if you rear ended someone, the outcome may look very different depending on what actually happened.
When the Front Driver May Be at Fault
In most rear end collisions, the driver in the back is assumed to be responsible. But there are situations where the lead driver may be held partly or even fully at fault. These include:
- Stopping suddenly without a valid reason in moving traffic
- Having brake lights that don’t work
- Slamming on the brakes out of frustration or road rage
- Cutting you off and braking immediately
- Reversing into your vehicle
What Is Considered a Sudden Stop?
A sudden stop isn’t just fast braking. It usually means the driver came to a halt abruptly and without a clear reason, creating a dangerous situation. That might include stopping to make a missed turn, reacting to a distraction, or overreacting in traffic when no real hazard is present. If the stop had no legitimate cause, it may support a claim that the lead driver contributed to the crash.
When fault is disputed, it often comes down to the details: what witnesses saw, what the damage shows, and whether the other driver followed basic traffic safety rules.
The Four Elements of Negligence in Rear End Crashes
If it’s unclear who caused the crash or if both drivers may have contributed, fault is usually decided by looking at the legal concept of negligence. This comes up most often when someone is seriously injured and considering a personal injury claim.
To hold another driver financially responsible, your case has to show four specific things:
- Duty of Care. The other driver had a legal obligation to operate their vehicle safely.
- Breach of Duty. They failed to meet that obligation, such as by stopping suddenly or behaving recklessly.
- Causation. Their actions directly led to the accident.
- Damages. You suffered harm, such as medical bills, lost income, or property damage.
These elements form the foundation of most personal injury cases. Whether you’re building a claim or defending against one, the outcome often depends on the evidence available—such as photos, police reports, and statements from witnesses.
When fault is being disputed and injuries are involved, insurance coverage becomes a key part of what happens next. Even if it’s clear the other driver made a mistake, you may still have to rely on your own insurance first.
What Your Insurance Covers and What It Doesn’t
Florida follows a no-fault insurance system. This means your personal injury protection (PIP) covers part of your medical expenses and lost wages, no matter who caused the crash. PIP coverage typically maxes out at $10,000 and does not pay for pain and suffering.
If your injuries are serious, that coverage may fall short quickly. In those cases, you may be able to file a personal injury lawsuit against the other driver. To do that, your injuries must meet the serious injury threshold under Florida Statutes § 627.737:
Qualifying injuries include:
- Permanent loss of an important bodily function
- Permanent injury diagnosed by a medical professional
- Significant and permanent scarring or disfigurement
- Death (which may lead to a wrongful death claim)
If your condition qualifies, you may be able to seek additional compensation beyond what PIP offers, including future medical costs, loss of earning capacity, and other damages. If you’re able to bring a claim outside the no-fault system, that’s only the beginning. Insurance companies rarely agree with your version of what happened, especially when they think they can shift the blame.
How Insurance Companies Try to Control the Narrative
Insurance adjusters are trained to protect the company’s bottom line, not your interests. In rear end collision cases, they may argue you were following too closely or not paying attention, even if the other driver made an unsafe move.
Here are some of the things they rely on when evaluating fault:
- Vehicle damage
- Statements from both drivers
- Witness testimony
- Traffic camera or dashcam footage
- Medical records and expenses
- Police reports
Without a formal response challenging those assumptions, whether from you or someone representing you, the insurance company’s version of events may go unchallenged. That can leave you paying out of pocket for someone else’s mistake.Once the insurance company gets involved, time is no longer on your side. If you’re considering a personal injury lawsuit, you need to know how long you have to act.
The Statute of Limitations in Florida
In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is set by Florida Statutes § 95.11(4)(a). If you miss this window, your case may be dismissed. It won’t matter how serious your injuries are or how strong your evidence is.
Some exceptions exist, but most people should assume the clock starts the day of the crash. Acting early gives you the best chance of gathering what you need while records, witnesses, and details are still within reach.
When the deadline to file is approaching and the insurance company is still questioning fault, your next steps can affect not just your claim, but your financial future.
When the Consequences Go Beyond a Simple Fender Bender
Some rear end collisions seem minor at first. But then the medical bills arrive, your income takes a hit, and the insurance company continues to push back. What started as a single moment on the road can lead to months of stress and uncertainty.
If you’re facing long-term treatment, spinal injuries, or permanent damage, these aren’t just inconveniences. They affect your ability to work, care for your family, and recover fully.
In cases like this, you may need to consult Florida personal injury lawyers to pursue compensation beyond what PIP provides. When fault is disputed, it often comes down to the strength of your evidence and your ability to counter the insurance company’s version of what happened.
Rear Ended Someone Who Stopped Suddenly? DiBiaggio Law Can Help You Move Forward
If you rear ended someone who stopped suddenly, you may already be facing pressure from the other driver’s insurance company. They may try to place all the blame on you, even when the facts tell a different story. And if your injuries go beyond what PIP covers, you may be considering filing a personal injury claim.
South Florida car accident attorney Deirdre DiBiaggio helps drivers throughout West Palm Beach and the surrounding areas deal with the legal fallout of rear end crashes. If you’ve been searching online for a “car accident injury lawyer near me,” DiBiaggio Law is here to review the evidence, explain your options, and push back against unfair insurance tactics.
Whether you’re being blamed for the crash or trying to recover damages, our firm can step in with the legal support you need.
Schedule a free initial consultation today. Call (561) 473-9800 or complete our confidential online form. You have legal rights after a crash. Don’t wait to find out what they are.
Copyright © 2025. DiBiaggio Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
DiBiaggio Law
605 Belvedere Road, Suite 17
West Palm Beach, FL 33405
(561) 473-9800
https://www.dibiaggiolaw.com
