By Christopher Dyer, Partner at Lucas, Macyszyn & Dyer Injury Attorneys · Member, The Florida Bar · Last updated September 18, 2026
Rear-ended on U.S. 19 or in stop-and-go traffic on State Road 54? Here is the key thing to know: in Florida, the driver who hits you from behind is usually presumed to be at fault, but that presumption can be challenged, so what you document still matters. This guide covers your next steps and how fault really works.
1. Get medical care, even for a low-speed hit
Rear-end crashes are the classic cause of whiplash and neck and back injuries, which often do not hurt until the next day. Get checked promptly, and remember Florida’s 14-day rule to keep your PIP benefits (Fla. Stat. § 627.736).
2. Document the scene
Photograph both vehicles, the damage, and the road, and get the other driver’s information and witness contacts. Note whether the other driver was following too closely, which is against the law (Fla. Stat. § 316.0895).
3. Understand the fault presumption
Florida courts generally presume the rear driver was negligent, because drivers are expected to keep a safe following distance. But that presumption can be rebutted, for example if the lead car stopped suddenly with a broken brake light, made an illegal or unexpected maneuver, or was partly at fault. That is why documentation matters, and fault can be shared under comparative negligence (Fla. Stat. § 768.81).
What to Do After a Rear-End Collision in New Port Richey
Get medical care within the 14-day window.
Photograph the damage and preserve the other driver’s and witnesses’ details.
Do not accept a quick offer before you know the extent of your injuries.
Talk to a local attorney, especially if the other side disputes fault.
Frequently asked questions
Is the rear driver always at fault in Florida? Usually the rear driver is presumed at fault, but that presumption can be challenged, for example if the lead driver stopped abruptly with a faulty brake light or made a sudden illegal move.
Why do I need a doctor if it was a low-speed crash? Whiplash and soft-tissue injuries often appear a day or two later, and Florida’s 14-day rule means waiting can cost you your PIP benefits.
What if the insurer says my injuries are not serious? Prompt, consistent medical care and documentation are the best answer. An attorney can push back on a lowball evaluation.
Talk to a real attorney, free
If you or someone you love was rear-ended in New Port Richey or anywhere in Pasco County, we are ready to help. Get a free case evaluation: no pressure, no obligation, and no fee unless we win your case. (Past results do not guarantee a similar outcome.)
Christopher Dyer is a partner at Lucas, Macyszyn & Dyer Injury Attorneys and a member of The Florida Bar. The firm has more than 20 years of experience and has recovered over $100 million for injured clients across West Central Florida.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. Talk to an attorney about your specific situation.
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