Auto Negligence in Florida

Unfortunately, many of us have been or will be involved in a car accident at some time in our lives. These accidents can leave victims suffering from serious injuries and facing unexpected expenses, which can be especially frustrating for those who were not at fault for their crash. However, injured motorists who can prove that someone else’s negligence was the cause of their crash could be entitled to monetary compensation. To learn more about negligence law in Florida and how it could affect your car accident case, please call our experienced Fort Lauderdale auto accident lawyers today.

What is Auto Negligence?

Negligence occurs when a person fails to act reasonably, or in the way that most people would act in the same situation. While negligence often refers to a person’s decision to do something careless, it also covers situations in which someone fails to do something. Auto-related negligence occurs when a driver fails to act reasonably and responsibly, which in turn causes someone else to suffer an injury.

Negligence and Fault in Florida

While many collisions are the result of only a single driver’s negligent conduct, it is also possible for multiple parties to contribute to an accident. In these cases, all of those individuals or entities can be held responsible for a portion of the resulting damages. This is because Florida adheres to the legal doctrine of comparative negligence, under which a motorist’s percentage of fault in causing an accident will dictate how much he or she will need to pay the victim in damages. This legal doctrine also allows injured parties who bear partial responsibility for an accident, to remain eligible for monetary recovery, albeit in an amount that is reduced by their degree of fault.

Proving Negligence

An injured motorist can only recover compensation for accident-related losses if he or she can prove that:

• The other driver owed him or her a duty of care;
• The other driver breached that duty; and
• The plaintiff suffered an injury as a result of that breach.

The first of these elements is often the simplest to prove, as all drivers are required to drive responsibly and avoid hurting others who are on the road. A motorist who drivers carelessly or recklessly has violated this duty, which satisfies the second element. The final part of this analysis requires proof that a driver’s carelessness resulted in an accident and caused the plaintiff to suffer an injury.

Call Today for Legal Help

A car accident attorney can be a valuable ally in any legal battle involving a car accident, as they can play a critical role in investigating a claim, gathering evidence, calculating damages, interviewing witnesses, engaging in settlement negotiations, or litigating a case. To learn more about how our experienced legal team could help with your own claim, please reach out to the dedicated car accident lawyers at Boone & Davis today. You can schedule a free consultation by calling our office at 954-566-9919 or by sending us an online message containing your contact information.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html