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What is Rubbernecking and Does It Count as Negligence in a Car Accident?

Author : Adam Werner
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Let’s say you are cruising down Interstate 95 or U.S. Route 1 on a sunny morning, and slow down for rush hour traffic. Then suddenly, you are hit from behind and suffer a herniated disc. The responding police officer said the motorist that rear-ended you was rubbernecking.

But what exactly is rubbernecking? And does this behavior count as negligence in a car accident? Learn the answers to these common questions with this quick read from the skilled car accident attorneys at Werner, Hoffman, Greig & Garcia.

What Is the Act of Rubbernecking?

Rubbernecking happens all the time on Florida’s roadways, and this simple act of distracted driving could lead to a devastating accident. In cases of rubbernecking, a driver slows down to get a better look at an accident or interesting roadside spectacle that demands their attention.

This behavior is dangerous because it takes a person’s attention away from the roadway. Rubbernecking could cause traffic congestion in the best case scenario, or lead to a collision with nearby motorists, in the worst-case scenario. This is because with their eyes on the side of the road, a driver’s reaction time slows way down. They may not notice traffic braking in front of them or pedestrians crossing the street.

Is Rubbernecking Negligent?

Yes, rubbernecking does count as negligence in a car accident. Florida’s laws hold motorists liable for this action when it leads to a collision, just like it does for any form of distracted driving. Motorists who rubberneck could be sued civilly for an injured party’s damages because they failed to act within their duty of care. A judge may award you with compensation for your damages beyond your auto insurance policy’s personal injury protection (PIP) coverage.

Consult With a Werner, Hoffman, Greig & Garcia Attorney If Someone Was Negligent by Rubbernecking on the Highway

There are many law firms in Boca Raton, but do not settle for the first one you come across. You deserve top notch legal representation, and because we work on a contingency fee, you can afford the best. Our firm has helped many clients like you, and we have experience to develop legal strategies that work, whether you were injured in a rubbernecking incident, or any other situation.

The personal injury attorneys at Werner, Hoffman, Greig & Garcia have a deep knowledge of Florida’s laws, and we know how to identify the negligent parties and why they could be held liable. Call us now and take advantage of the unwavering support that comes with being a part of our compassionate legal community.

Last Updated: November 20, 2025
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Adam Werner

About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.

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