Rear-End Accident Lawyer in Melbourne

Rear-end collisions are among the most common roadway accidents, with many collisions leaving victims facing painful injuries, costly medical bills, and long-term disruptions to their lives. If you were hurt in a rear-end crash, a Melbourne rear-end accident lawyer can help you pursue fair compensation for your losses.

At The Schiller Kessler Group, our Melbourne car accident lawyers bring more than thirty years of experience helping injured Floridians rebuild after serious collisions. Our team is committed to using every resource at our disposal to strengthen your claim and pursue full and fair financial recovery. Contact us today to schedule your free case evaluation.

Determining Liability Following a Rear-End Collision in Melbourne

If you intend to pursue compensation after a rear-end accident, you will need to establish who was at fault. In most rear-end crashes, the driver in the trailing vehicle is presumed to be responsible because all motorists have a legal duty to follow at a safe distance and maintain control of their vehicle.

However, this presumption can be overturned when evidence reveals additional causes or contributing factors.

Rear-end collisions are not always as straightforward as they appear. Liability may become murky when multiple parties share responsibility. A knowledgeable Melbourne personal injury lawyer will thoroughly investigate the facts of your case to pinpoint every party that may be legally or financially accountable. Depending on the circumstances, liable parties could include:

• The driver who struck your vehicle: This is the most common scenario. The following driver might have been tailgating, texting, speeding, driving fatigued, or simply failing to pay attention to the road.
• A vehicle or parts manufacturer: If defective brakes, malfunctioning sensors, or other mechanical failures contributed to the collision, the manufacturer of the faulty component may be liable.
• The driver’s employer: If the at-fault driver was operating a company car or performing job duties at the time of the crash, their employer may share responsibility under Florida’s vicarious liability laws.
• Another driver or third party: Sometimes, a sudden maneuver by another driver triggers a rear-end crash. That third party may be partially or fully at fault, even if they were not directly involved in the impact.

A dedicated Melbourne rear-end accident attorney will know how to gather evidence, consult with experts, and build a compelling case aimed at proving liability and strengthening your claim.

How a Rear-End Accident Lawyer Serving Melbourne Supports Your Case

Once you hire a rear-end accident attorney in Melbourne, you can turn your focus to healing as your legal team manages the demanding and time-sensitive work associated with your case. Your attorney’s role includes filing paperwork, advocating for your rights, investigating your case, building a legal strategy, and negotiating throughout the entire process.

Some of the tasks your lawyer will handle include:

• Conducting a full investigation: Your attorney will review the police crash report, visit or evaluate the accident scene, obtain any traffic or dash-camera footage, and identify and interview witnesses.
• Collecting essential evidence: This includes medical records, treatment plans, proof of lost wages, vehicle repair estimates, photographs, expert analyses, and any available digital data.
• Assessing the extent of your damages: Your lawyer will evaluate all the losses you’ve experienced, including emergency care expenses, ongoing medical treatment, medication costs, rehabilitation, diminished earning capacity, vehicle replacement costs, rental car expenses, pain and suffering, emotional distress, and loss of enjoyment of life.
• Determining the value of your claim: Using the evidence collected, your attorney will calculate a fair estimated value of your case so you understand what an appropriate settlement should look like.
• Preparing and filing legal documents: Missing deadlines or submitting incorrect paperwork can jeopardize a claim. Your lawyer ensures that all documentation is completed accurately and on time.
• Handling communication and negotiations: Insurance companies often attempt to minimize payouts. Your Melbourne rear-end accident lawyer will negotiate aggressively on your behalf, pushing back against lowball offers and unfair tactics.
• Representing you at trial if necessary: If negotiations fail, your attorney will be prepared to take your case to court and present a strong argument to a judge or jury.

Throughout the entire process, your lawyer will keep you updated, explain your choices, review settlement offers with you, and make recommendations that align with your best interests.

At our firm, we provide personalized attention to every client and keep you updated throughout the process as we pursue compensation on your behalf.

Florida’s Modified Comparative Negligence Rule

Florida follows a modified comparative negligence rule. You may only recover compensation if you were 50% or less at fault for the crash. If you are found to be more than 50% responsible, you cannot recover damages.

For example, if you were 30% at fault, your compensation would be reduced by that percentage. If you were 51% at fault or more, you would not be eligible to recover. A Melbourne rear-end accident lawyer can help present evidence that limits your share of fault and protects your right to compensation.

Be Mindful of Florida’s Filing Deadlines

Florida enforces strict statutes of limitations for personal injury claims. In many cases, you have two years from the date of the accident to file a lawsuit for injuries sustained in a rear-end collision. Missing this deadline can permanently block you from recovering damages through a personal injury claim, regardless of how strong your case may be.

Contacting an attorney quickly after your Melbourne crash helps ensure that:

• Critical evidence isn’t lost or destroyed
• Witnesses are interviewed while their memories are still reliable
• Your attorney has ample time to build a strong case
• You remain eligible to file a personal injury lawsuit if needed

Understanding Florida’s No-Fault System and Your Options for Recovering Additional Compensation

Because Florida operates under a no-fault insurance system, your first step after a rear-end collision is typically filing a claim under your own Personal Injury Protection (PIP) coverage. PIP helps cover medical bills and a portion of lost income, regardless of who caused the crash.

However, PIP has limitations, and you may only bring a lawsuit against the at-fault driver if your injuries meet Florida’s legal threshold for “serious” injuries. You may qualify for a personal injury lawsuit if your injuries involve:

• Significant and lasting impairment of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Permanent scarring or disfigurement
• Death of a loved one

A knowledgeable Melbourne rear-end accident attorney can evaluate your injuries and advise you on whether you’re eligible to pursue compensatory damages beyond what PIP provides.

We Handle Rear-End Accident Cases on a Contingency Fee Basis

The Schiller Kessler Group’s Melbourne personal injury attorneys handle cases on a contingency fee basis. Under this payment system, you pay nothing up front, and we do not charge hourly fees. Instead, our payment comes as a percentage of the compensation we successfully secure for you. If we don’t win your case, you owe us nothing.

This approach allows injured individuals to pursue justice without worrying about legal costs getting in the way. It also aligns our success with yours. You can be confident that our team is motivated to fight tirelessly because our compensation depends on achieving the best possible result for you.

Speak With a Rear-End Accident Attorney in Melbourne Today

If you were injured in a rear-end collision in the Melbourne area, having the right attorney on your side can significantly improve your chances of securing meaningful compensation. The Schiller Kessler Group has helped thousands of accident victims throughout Florida assert their rights and hold negligent parties accountable.

Contact us today to schedule a free, no-obligation consultation. One of our experienced lawyers will review your situation, answer your questions, and explain your legal options. Taking the first step toward recovery starts with understanding your rights and having a legal representative ready to fight for you.