Auto Negligence in Florida Overview
The devastating injuries caused by car accidents can leave victims scrambling to find a way to pay their bills, get their car repaired, or even find employment opportunities in the future. With the assistance of Wendy Doyle-Palumbo Esq., you do not have to face these hurdles alone.
Contact us today to get started with your free case evaluation.
What Is Auto Negligence in Florida?
Negligence involves conduct that falls below the standard of what a reasonable person would or would not do in the same circumstances. Drivers must use reasonable care when operating a motor vehicle to avoid injuring other motorists on the road, passengers, or pedestrians. If a driver fails to do so, he or she is negligent. If a driver’s negligence results in harm to another party, the driver can be held financially liable for damages arising out of that harm.
Auto Negligence and Fault in Florida
Florida operates under the legal doctrine of “pure comparative negligence” for purposes of assigning parties involved in an accident their portion of the blame. Under this doctrine, the injured party’s compensation is reduced by the percentage of fault assigned to that party. This theory allows injured parties to recover damages even if he or she was the primary cause of the accident.
For example, if the injured party is 20% responsible for the accident and is awarded $100,000 in damages, the injured party is entitled to recover only $80,000.
The concept of pure comparative negligence can seem complex to those without legal experience. Having an attorney in your corner to file your auto negligence complaint in Florida provides someone with experience to help navigate complicated legal theories.
Negligence requires four separate elements. If you cannot prove any of the elements, negligence does not exist. The elements of negligence include:
- A duty of care;
- Breach of that duty;
- Causation; and
First, you must show that the other driver owed you a duty of care. Drivers operating on public roads owe other drivers, passengers, and pedestrians a duty to act in a reasonable manner. Thus, this element does not usually present much difficulty.
Next, you must establish that the other driver breached his or her duty by acting, or failing to act, as a reasonable person would have in the same or similar circumstances. The failure to adhere to posted traffic signs and signals demonstrates a breach of a driver’s duty of care, as well as the refusal to observe other traffic laws.
Third, you must show that the accident was caused by the other driver’s breach. This is typically the trickiest element, as the other driver might claim that the accident was caused by external factors like the weather or road conditions.
Lastly, you must prove that the accident resulted in injuries or other losses. These losses are referred to by the court as damages.
Determining whether the other driver was negligent is a crucial part of your personal injury case. Having an attorney that thoroughly understands the concept and how to prove each element is vital to recovering the compensation you deserve.
How Can a Lawyer Help After My Accident?
Victims in auto negligence cases in Florida sometimes try to file their own claims without the help of a licensed attorney. Unfortunately, this leads to many injured parties accepting low-ball settlement offers that fail to fully compensate them for the injuries caused by the accident. And once you accept an offer, you can never go back for more. Even if your injury lasts the rest of your life and ends up costing you far more than your settlement provided, you don’t get a second bite at the apple. So you need to make sure that the first bite counts.
We know how to make it count. We know that no two personal injury claims have the same set of facts. We appreciate the unique nature of your case and have a process to assess your specific set of facts and get you the maximum compensation allowed under Florida law.
By hiring a personal injury attorney with Wendy Doyle-Palumbo, Esq., you get the following benefits:
- A proven track record of success in personal injury cases;
- Over a decade of experience in personal injury law;
- Around the clock availability;
- Clear, easy to understand communication;
- Personalized care with a specialized attorney from start to finish; and
- A commitment to holding negligent drivers accountable and getting the compensation you deserve.
If you suffered injuries in a car accident caused by a negligent driver, you deserve compensation as soon as possible. Contact our office today to start your free consultation.