Automobile Negligence and Fault in FloridaTampa Bay Legal News
It’s an everyday occurrence: you get in your car to go somewhere, you’re driving defensively and mindfully when suddenly, almost out of nowhere, another car plows into you, leaving your car extensively damaged and you with serious injuries.
Car crashes are often disastrous and frequently leave their victims with injuries and unexpected expenses. When one takes place, there is always a negligent party who is responsible.
It is important to know and be familiar with automobile negligence, specifically what it is and how it is dealt with by Florida courts.
What Is Auto Negligence?
Negligence occurs when a person is not behaving reasonably, meaning the same way a rational person would behave in the same situation. Negligence is not just associated with actions but can also take place through omission or inaction. Auto negligence is what happens when a motorist is not driving responsibly and reasonably, thereby causing an accident in which others are injured.
How Does Automobile Negligence Work in Florida?
Although traffic accidents are most often caused by the negligent actions of a single driver, multiple drivers can be assigned a degree of accountability in certain circumstances. Florida is governed by the legal doctrine of pure comparative negligence, according to which the percentage of fault assigned to the driver directly impacts the total of their awarded financial compensation.
Luckily, even if you were partially responsible for the accident, you may still be able to collect reimbursement for your economic damages.
For instance, you are driving to the grocery store. Another driver runs a red light and crashes into you. You, however, were distracted by reading a text message on your cell phone when the accident took place. Your insurance company conducts an investigation and concludes you were 30% liable for the crash. If your damages were $20,000, then 30%, your share of the blame, would be deducted from the total and you would receive $14,000.
How to Prove Negligence
In order to show that the other driver was negligent, four elements have to be proven:
- You were owed a duty of care by the other driver: You must first prove the other driver owed you a duty of care. When behind the wheel, all drivers have an obligation, a duty, to obey the rules of the road and drive responsibly in order to keep other people safe.
- This duty was violated by the other driver: If a driver behaves irresponsibly or recklessly, they have violated the duty they owed you. This satisfies the second element.
- This violation led to an accident: If the violation causes an accident, the third element has also been satisfied.
- The accident caused you damages: If the resulting accident caused you injuries or damages, in injuries or damage, the fourth element has been satisfactorily met.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.