Legal Question in Insurance Law in Florida

If I rear end a person who was texting and suddenly stop short in front, is it prove in court. The person has filed a "soft tissue damage claim.


Asked on 1/03/16, 3:01 pm

2 Answers from Attorneys

David Burns David H. Burns, P. A.

If you have auto insurance and have been sued, your auto insurer will hire an attorney to advise you and to represent you in the lawsuit. In Florida, if the front driver makes a sudden and unexpected stop that may be presented as evidence of comparative fault under certain circumstances. You would need to consult an attorney and present all the facts to get a meaningful answer regarding your particular circumstances.

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Answered on 1/04/16, 9:13 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The fact that you hit the person in front with or without texting give you some responsibility to the accident because you were following too closely. Comparative fault will apply. What is your question? Are you defending this case on your own? Did you not have any insurance? If you have insurance let them handle the defense.

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Answered on 1/04/16, 11:59 am


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