The Florida Rescue DoctrineTampa Bay Legal News
Several times in your life, you have undoubtedly driven by some type of car accident, most likely while traffic is slowed to pass or while first responders and rescue crews are working to clear the debris and wreckage from the roadway. Now, out of all those post-accident scenes that you have witnessed, how often did you notice someone attempting to help who was not a police officer or an emergency responder? If you have witnessed a good Samaritan act like this you may have wondered if Florida residents are obligated to pull over and help should they come upon a major accident.
What is the Florida Rescue Doctrine?
Despite the fact that state residents are under no legal obligation to aid anyone involved in a Florida car crash, should somebody sustain an injury while voluntarily aiding or rescuing a crash victim, they might be eligible to receive financial compensation.
The Florida Rescue Doctrine is designed to aid would-be rescuers who are injured during a necessary and reasonable rescue attempt. The doctrine permits the rescuer to possibly recover their damages from the person or persons who made the rescue situation necessary in the first place.
State law considers the at-fault person liable for the damages suffered by the victim in the original collision as well as the damages suffered by anyone who becomes involved in any rescue attempts intended to help the victim.
Filing a Claim Under the Rescue Doctrine
In order to file a claim under the rescue doctrine, any potential claimants will be required to show that the at-fault person was negligent in some way, that the victim of the original incident required rescuing because they were in immediate danger, and that they, the person who aided in the rescue effort, was acting in a reasonable manner. Each of these three factors must be established in order for your claim to qualify under the rescue doctrine.
Most often, the result of cases filed under the rescue doctrine hinges on whether or not the victim was actually in immediate danger and whether or not the rescuer behave in a reasonable manner. For instance, in one recent claim, the well-intentioned actions of a rescuer were determined to be unreasonable due to the fact that he dove into the shallow end of a pool in order to rescue a drowning child. The court denied the plaintiff’s request for financial compensation for his injuries because it is not reasonable to dive into the shallow end of a swimming pool.
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.