Shirey v. State Farm

In Shirey, v. State Farm, the  Fourth District Court of Appeal of Florida received the case on remand from the Supreme Court of Florida as a result of a reversal of precedent that established a presumption of negligence on the part of the rear driver in a rear-end collision.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1]  In this case the majority reversed the final summary judgment in light of Birge v. Charron despite noting in the previous opinion that Shirey would be affirmed regardless of the presumption.

In Birge v. Charron, the reversal of the precedent for rear end collisions was challenged in a case involving a motorcycle that flipped.  Since 1973, personal injury attorneys must apply comparative negligence instead of contributory negligence.[2]  Interestingly, the presumption of fault in a rear-end collision developed out the personal injury attorney’s difficulty in extracting evidence of fault because the front driver is usually in a poor position to observe the collision, thereby preventing the injured party’s personal injury attorney from introducing evidence to establish fault.

In Birge, the Court clarified that the presumption of fault in a rear-end collision is rebuttable when evidence is introduced by the personal injury attorney that establish evidence from which a jury could conclude that the front driver was negligent.  Accordingly, evidence establishing comparative fault of all parties may require apportioning negligence across parties.  Only when there is an absence of evidence on fault is the negligence of the rear driver presumed for the personal injury attorney.

Have you or a loved one been injured in a bus accident in Florida?  If so, contact South Florida Car Accident Lawyer Matthew Sean Tucker at Tucker IP.  Tucker IP serves clients throughout South Florida, including West Palm Beach, Fort Lauderdale, and Miami-Dade.  Call the Firm toll-free at 1-844-4-TUCKER or send us an email through the Firm’s website.  A firm attorney will contact you for a free consultation.

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