MIAMI, FLORIDA – A rollover vehicle crash on State Road 826 in Northwest Miami-Dade caused one car to catch on fire and sent one person to the hospital this past weekend.
According to the Florida Highway Patrol, the accident happened on the southbound lanes of the 826 just south of Northwest 74th Street.
FHP said a Volkswagen Jetta struck the rear of a pickup truck, which caused the truck to flip over. The impact also caused the Jetta to catch fire.
The driver of the truck was airlifted to Jackson Memorial Hospital in critical condition, according to FHP.
Presumption of Fault in a Florida Rear End Accident
Once the smoke clears, so to speak, the focus of the police will be to invetigate who is at fault in the accident. In general, Florida recognizes a rebuttable presumption that the negligence of the rear driver in a rear-end collision was the sole proximate cause of the accident. See for example: Dep’t of High. Saf. & Motor Vehs. v. Saleme, 963 So.2d 969, 972 (Fla. 3d DCA 2007); Eppler v. Tarmac Am., Inc., 752 So.2d 592, 594 (Fla.2000); Jefferies v. Amery Leasing, Inc., 698 So.2d 368, 370-71 (Fla. 5th DCA 1997) and Gulle v. Boggs, 174 So.2d 26 (Fla.1965). The Courts have held that a rear-driver defendant can overcome the presumption by establishing that the lead-driver plaintiff stopped abruptly and arbitrarily. Once the rear-driver defendant overcomes the presumption, the burden of proof on the proximate cause of the collision reverts back to the plaintiff, who can no longer rely on the presumption to establish the sole proximate cause of the accident.
The law is constantly changing and Courts routinely review fact patterns and apply them to the current law. It is important to speak with an attorney directly to see whether you have a case, or what possible defenses you may have in your case. For more information on your Miami Car Accident case, call me at 800-337-7755 or submit your case question online for a free consultation.