Accident Attorneys Settle Case When Plaintiff Rear Ended Defendant


Our client, a middle-aged man, was driving his car on Interstate 95 near Boca Raton/Deerfield Beach. Suddenly and without provocation, the vehicle directly in front of our client slammed on their brakes. Our client did not have enough time to stop and he struck the rear of the vehicle in front of him. When the police arrived, our client received the citation for being at fault in the accident. Not knowing what to do, our client called the Deerfield Beach Auto Accident Attorneys Dell and Schaefer. While speaking with the firm, our attorney thought it was odd that a driver could unreasonably stop his vehicle in the middle of a highway and not share the blame in the accident. Our attorney knew that Florida law strictly prohibits anyone from unreasonably stopping in the middle of the highway. Florida Statute 316.2045 states that it is unlawful for any person to obstruct the free and normal use of any public street or highway by impeding traffic or passage thereon. Our attorney believed that the driver of the vehicle in front of our client shared at least 50% of the fault in this accident. Our attorney decided to take the case after our client was rejected by several other attorneys.

Our Client Undergoes Treatment for His Injuries

After the accident, our client sought the care and medical attention from a local chiropractor. After three weeks of treatment without any improvement, our client underwent an MRI. The MRI showed several herniations in his cervical spine. Because the MRI showed positive findings, our client was referred to an orthopedic surgeon. The surgeon recommended a minimally invasive surgical procedure. The surgery was a minor surgery which allowed our client to operate on a Friday and be back to work on Monday. Our client decided to undergo the procedure.

Dell and Schaefer Negotiate a Settlement

When we filed the claim with State Farm Insurance Company, the claim was originally denied since our client was deemed to be at fault. However, our firm showed the insurance company a copy of Florida Statute 316.2045. Our firm alleged that, since the driver in front of our client stopped without provocation, this unreasonable stop was in violation of Florida Law. Furthermore, our firm argued that the driver’s unreasonable stop was a substantial contributory factor in how the accident occurred. We demanded the policy limits of $25,000. After an extensive negotiation, the insurance company agreed with our forensic reconstruction of the accident, and tendered out their limits of $25,000. Our client was absolutely thrilled that our firm went the extra mile and represented him when he was the person who rear ended another vehicle.

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