The Florida Supreme Court says the second driver is not automatically solely at fault in rear end collisions.
The justices on Thursday unanimously ruled in two conflicting cases that juries should be allowed to compare the negligence of each driver.
They upheld one appellate court ruling that came to the same conclusion in Seminole County case and quashed another in a Palm Beach County case.
The 4th District Court of Appeal had upheld a trial judge's decision that Maria Cevallos, the rear driver, was solely at fault in the Palm Beach case.
Cevallos now will be able to argue that blame should be shared by the front driver, who was on her cell phone and suddenly slammed on the brakes before also rear-ending a car in front of her.