Because the vast majority of rear-end crashes are caused by the trailing driver, Florida decisional law places a presumption of fault on that driver. See generally Eppler v. Tarmac America, Inc., 752 So.2d 592, 594 (Fla. 2000) (explaining origins of rear-end presumption). However, the presumption is a rebuttable presumption. What this means is that the trailing driver is allowed the opportunity to present evidence of sufficient value to overcome the presumption, but failing this, the beneficiary of the presumption is entitled to judgment as a matter of law. Birge v. Charron, 107 So.3d 350 (Fla. 2012) and Bodiford v. Rollins, So. 3d , 40 FLW D1844 (Fla. 5th DCA 8-7-2015) (as there was no evidence showing that plaintiff Rollins breached any legal duty or failed to use reasonable care, the trial court’s denial of plaintiff Rollins’ motion for judgment notwithstanding the verdict was reversed.).
The “rear-end presumption has never been recognized as anything more than an evidentiary tool that facilitates a particular type of negligence case by filling an evidentiary void where the evidence is such that there is no relevant jury question on the issue of liability and causation,” Birge @ 361. It was “constructed by the law to give particular effect to a certain group of facts in the absence of further evidence.” Gulle v. Boggs, 174 So.2d 26, 28 (Fla.1965) and Clampitt v. D.J. Spencer Sales, 786 So.2d 570, 572-73 (Fla.2001) (same).
In Birge, the passenger of a trailing motorcycle that flipped over when its driver attempted to avoid a rear-end collision, sued the driver of the front vehicle for negligence. In spite of divergent fault evidence concerning the circumstances of the crash, the trial court entered summary judgment for the defendant based on the rear-end presumption. The trial judge ruled, as a matter of law, that the evidence did not rebut the presumption of negligence against the driver of the trailing motorcycle.