There is a presumption that in a rear end collision, the car from behind is at fault. However, this is considered a rebuttable presumption by other evidence. There are also statutes requiring cars to have operable brake lights and to have operable headlights on at night time. The obvious reason cars are required to have operable brake lights is so that other cars can see you and to prevent accident. Here, there is the intersection of the rear end rule and the brake light rule.
Ultimately, this case may come down to how much visibility is present at the scene of the accident (other lights there were at the intersection) and why the car from behind did not see the other car, EVEN without its brake lights. Certainly, if this accident happened during the day, while the one car did not have its brake lights, there would be an argument of why the car did not stop in time when another car was right in front of it. Of course, on the other hand, drivers are trained to stop when they see those brake lights, so the one driver without the brake lights would be a cause of the accident.
Another important factor is that there are comparative negligence laws in Florida and thus it is possible that BOTH cars are found at fault in this accident. If so, a jury would have to apportion fault among the drivers.
Obviously, this is not such an easy fact pattern to assign one car or the other at fault.
Every case is unique and has to be judged on the facts of each case. You should always consult with an attorney.
It is advocated for clients to prove they were not at fault and the other car is at fault for their accidents. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
Statute:
316.217 When lighted lamps are required.—(1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions;
(a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise.
(b) During any rain, smoke, or fog.
(c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices.
(2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, said provisions shall apply during the times stated in subsection (1) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.
(4) Law enforcement vehicles may be operated without the display of lighted lamps required by this chapter under the following conditions:
(a) Operation without the display of lighted lamps is necessary to the performance of a law enforcement officer’s duties.
(b) The law enforcement agency has a written policy authorizing and providing guidelines for vehicle operation without the display of lighted lamps.
(c) The law enforcement vehicle is operated in compliance with agency policy.
(d) The operation without the display of lighted lamps may be safely accomplished.
The provisions of this subsection shall not relieve the operator of such a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the vehicle operator from the consequences of his or her reckless disregard for the safety of others.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 4, ch. 76-218; s. 22, ch. 94-306; s. 171, ch. 99-248; s. 1, ch. 2004-74.
316.220 Headlamps on motor vehicles.—(1) Every motor vehicle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter, and shall show a white light. An object, material, or covering that alters the headlamp’s light color may not be placed, displayed, installed, affixed, or applied over a headlamp.
(2) Every headlamp upon every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 172, ch. 99-248; s. 9, ch. 2000-313.
316.221 Taillamps.—(1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a distance of 1,000 feet to the rear, except that passenger cars and pickup trucks manufactured or assembled prior to January 1, 1972, which were originally equipped with only one taillamp shall have at least one taillamp. On a combination of vehicles, only the taillamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one taillamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. An object, material, or covering that alters the taillamp’s visibility from 1,000 feet may not be placed, displayed, installed, affixed, or applied over a taillamp.
(2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. Dump trucks and vehicles having dump bodies are exempt from the requirements of this subsection.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 79-97; s. 173, ch
