Tampa, Florida

Rear-End Accidents

Rear-End Car Accidents

Extensive property damage, sore necks, and a complicated claims process – this is usually what rear end car accidents are made of. Although Florida is a no-fault state, rear end accident victims who have suffered extensive damage beyond normal policy limits and coverage can and should seek legal representation to file a personal injury claim against the negligent driver.

Presumption of Negligence in Rear End Collisions

With rear end collisions, the presumption is that the driver in the back was the negligent party. However, this presumption is rebuttable. In other words, there is an exception to this rule. Sometimes the trailing driver is not at fault for a rear-end collision.

Consider the following examples:

  • In Eppler v. Tarmac America, the Florida Supreme Court held that there was compelling enough evidence to rebut the presumption of the rear driver's negligence.
  • In Worley v. State Farm, Mrs. Worley sued in federal district court because her insurance company, State Farm, found her partially liable. Worley claimed that, although she was the rear driver, it was the driver in front of her who was at fault for the collision.

Rear End Accidents and Preexisting Injuries

In some cases, drivers will attempt to call into question the validity of victims' injury claims. Some drivers do this in an attempt to get out of a large personal injury payout. For example, in a relatively recent Florida car accident case, Hernandez v. Gonzalez, argued in the Fourth District Court of Appeals, Gonzalez claimed that, although she was responsible for causing the rear-end collision, the plaintiffs were lying about the extent of their injuries. Gonzalez argued that the injuries allegedly caused by the car accident were actually preexisting injuries.


If you have preexisting injuries and were injured in a car accident, the other driver may attempt to use this against you.


Whiplash and Rear End Accidents

Without a doubt, the most common injury resulting from rear end accidents is whiplash. This type of injury happens when the neck is hyperextended. When a car comes to a sudden stop or is hit from behind, passengers' heads can fly forward, stretching the ligaments and muscles of the neck beyond their normal range of motion.

What you need to know about whiplash:

  • It is a legitimate injury
  • It usually heals on its own and is treated with painkillers
  • It is common for whiplash victims to not feel any pain until 1-2 days after the accident
  • Recovery time varies drastically depending on the extent of the injury, but usually ranges from a few days to a few weeks

If you were injured in a car accident, whether you sustained whiplash or more severe injuries, we invite you to call our firm. We would be happy to review your case so that you can learn your legal rights and options. Call us today at (813) 324-5140.

The process of filing a claim or lawsuit can be complex, and insurance companies often deny certain types of valid claims or offer a low settlement in the hopes that you will accept it. Fortunately, our firm never relents until you receive a fair settlement or verdict. How do you know what amount is fair?

Givens Givens Sparks
Stann Givens, Best Lawyers in America

That is where our team of lawyers can help. There are many types of damages that are possible in any injury case, and evaluating your case before moving forward is a key factor in the amount of the settlement you will receive. We are well versed in all aspects of personal injury law and know how to present your case in a way that brings about the optimum results.

Testimonials

  • “I so appreciate all of the help I received.”

  • “Rob, thanks for the great, very professional job.”

  • “Really amazing during this difficult time.”

  • “Dear Rob, Kelly and Anita, I cannot express my gratitude enough to all of you for your hard work in reaching a successful outcome in my case. You made every step of this difficult process much more bearable through your attentiveness, timely communication ”

  • “Rob, thank you so much for helping with all of this and know that I hold you and your staff in the highest professional esteem. No matter what was thrown at us, you had an answer that countered. Thank you so much for all of your hard work and more importan”

  • “Stann, thank you doesn’t seem like enough. You are truly a master negotiator.”

  • “We are glad that you were with us during this process.”

  • “Solid, tenacious, thorough, and reputable counsel.”

  • “Stann, I just wanted to drop you a line and let you know how much I appreciate the hard work by the attorneys in your firm.”

  • “We were able to leave with big smiles - all because of you!”

  • “Stann, I just wanted to say thanks. I was very impressed by the entire Givens Givens Sparks team and process.”

  • “I am very appreciative of the work Rob and his team put out for my case. And as I already said, he knows his stuff for sure. Please extend my thanks again to the whole firm for all of their help no matter how small it may have been.”

  • “You Helped keep me calm and understand the legal side of matters.”

  • “Good job today, Rob – thanks for the help!”

  • “Your team is amazing!”

  • “Rob, Chris and Paula, just a note to personally thank each of you for your time, expertise, knowledge and guidance through this long, and at times grueling process. We truly appreciate your due diligence through this process and your experts were a pleasur”

  • “If ever in the future I need any legal advice I will not hesitate to contact you.”

  • “Thank you for taking the time and spending long days and nights dealing with my case.”

  • “I just want to take a minute to tell you how amazing you are at your job!”

  • “Rob, I wanted to say THANK YOU for all of the time, effort and hard work you put into my case! Without your assistance and support, I would not be where I am now.”

  • “I am truly grateful for your efforts.”

  • “I will look to your firm in the future for any other assistance.”

  • “You are of the highest caliber.”

  • “Only you made the difference in our situation.”

  • “I have never experienced as great service as your team has provided me.”

  • “Very friendly and down to earth – they are real people.”

  • “Rob, thank you again for your counsel and care over the past few months. It has been a pleasure working with you. Please extend my appreciation to Paula and Arely as well for their work and process expedition.”

  • “You stepped up to serve the interest of our client seamlessly.”

  • “I could not have been more pleased with the work that Chris did for me.”

  • “Robert, I would not have expected anyone less, of your expertise, from my chosen lawyer! You have been both extremely competent and personable throughout your part of these proceedings, and I don’t believe anyone could have done a better job!”

  • “GREAT communication!”

  • “Diligent communications and follow-ups.”

  • “Beyond thorough and true to your original timeline.”

  • “Stann, Esther and staff, thank you so much for handling my divorce. I really appreciate your hard work and dedication.”

  • “Kelly and Tiffany, thank you both so much for all of the wonderful work you did for me in handling my divorce. I had feared it was going to be a stressful experience despite the overall situation and it was far from it.”

  • “They have always been accessible and courteous in meeting our needs.”

  • “Givens Givens Sparks will be my first thought if anyone ever asks about a referral to an attorney. Chris Givens and Peggy were not only very professional, but also friendly and helpful, and I truly believe they cared about my case.”

  • “I was very happy with the attention given to me by Chris Givens and his paralegal Peggy. They were very professional and at the same time made me feel comfortable and welcome. I will definitely refer.”

  • “I read your article on never badmouth your child's parent. Kudos!”

  • “I'm not sure I could have made it through the past 18 months without you guys.”

  • “So professional and caring!”

  • “Robert Sparks and his personal injury team fought with great effort to get the most out of my case. I appreciate all of your hard work guys, keep it up!”

  • “The legal team demonstrated experience explaining every step of my case. I was very satisfied with my settlement and will I seek their services for all my legal needs in the future.”

  • “I have worked with attorneys my entire professional career. My experience with Givens Givens Sparks was the best, by far, of any previous experience! Stann did a great job of guiding me thru the process, and more importantly, helping me keep my emotions i”

  • “My Givens Givens Sparks attorney stayed with me and fought for me.”

  • “Mrs. Garcia Is very professional and extremely helpful and organized.”

  • “The team at Givens Givens Sparks was very caring and kept us up to date on the claim.”

  • “Mr. Codling made my legal process easy.”

  • “All communication has always been timely and in a professional manner. Very thankful for the Givens Givens Sparks legal team in a stressful situation.”

  • “The personal attention given to the needs of our family's case has always been timely, professional, and accurate. I have gratitude for each person in the firm, but especially Mr. Sparks and Paula Bland.”

  • “The entire firm extended a personal interest in my case from the beginning to the end. My attorney, Chris Givens, created not only this interest but a personal relationship as a genuine friend not only during the course of my case but still continues prese”

  • “Communication was a strong point. When I had a question, an answer was provided in a timely manner.”

  • “Did exactly what they said. Period.”

  • “We really like Kelly. She's really quick on her feet and able to think outside the box, in terms of getting favorable solutions to our unorthodox situation. Tiffany is very helpful too, working with us as a team. My husband and I appreciate them both.”

  • “Stann Givens, Lindsay A. Moczynski and Arely Quiles, Paralegal/ Client Care Manager all were very helpful and professional. Great team, great job. Thanks, Stann!”

  • “Frequent contact, never left in the dark and wondering what was next. Thanks to Paula.”

  • “Kept in touch, always available, quick turnaround and very professional and courteous.”

  • “Very professional, polite and always respectful. I felt your team had my best interests at heart and that you tried wherever possible to keep costs to a minimum.”

  • “I am forever humbly grateful for their honesty, integrity, and diligence.”

  • “I do wish I would have retained earlier so as to avoid a lot of unnecessary stress.”

  • “Victoria Cruz-Garcia has been the best throughout both of my cases.”

  • “Rob Sparks is a great attorney, and even better person. Paula Bland is as good as it gets.”

  • “”

Personal Injury Cases We Handle

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