Understanding The Importance Of ‘Negligence’ In A Florida Auto Accident

Whether you’ve been in a car, truck, or motorcycle accident in Florida, you are probably expecting to receive compensation for your losses. If so, one thing is paramount: proving negligence on behalf of the other party or parties involved. But what exactly is “negligence,” and how do you go about proving it? Read on to learn more.

Defining Negligence, And Relating It To Your Case

When it comes to an auto accident in Florida, the first step toward financial recovery is identifying which party was at fault for the accident. However, it’s not always as simple as pointing the finger at the other driver, or using one witness’s testimony to prove that you were innocent. In fact, it may very well be the case that you weren’t innocent—at least not entirely. And that’s okay, there is still legal recourse for you.

Under Florida law, negligence is defined in Jury Instruction 401.4 as the following:

“Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.”

The standard for negligence differs state by state, which is just one reason it can be so beneficial to work with an auto accident attorney who is familiar with the laws in the state where your accident occurred. Floridians who have been in an auto accident will discover that Florida is a “pure comparative negligence” state, but few will immediately understand what exactly that means, and how it will impact their case.

Pure comparative negligence is a principle that, simply put, means your damages will be reduced by the percentage of fault or ‘negligence’ attributed to you. For example, if you are determined to be 10 percent at fault for the accident, then your damages will be reduced by 10 percent. Even if you are determined to be 80 percent at fault for the accident, you will still be entitled to receive 20 percent of your damages (i.e. 20 percent of the medical expenses associated with your injuries, 20 percent of lost wages due to the injury, 20 percent of property damage expenses, etc.). If it’s determined that the other party was entirely responsible for the accident, then you should be entitled to receive 100 percent of your damages.

Proving Negligence In Florida

How do you go about proving that the other party was at fault—even if only partially so—for an accident occurring in Florida? The first step is to seek the advice of a competent auto accident /personal injury law firm in Florida who has handled countless cases just like yours. Not only will this type of attorney be able to carefully review the details and facts of your case, but will quickly determine whether it’s possible to find fault with the other driver(s) involved, and if so, how to exactly go about doing that.

This process will boil down to demonstrating each of the following four elements of negligence under Florida law:

• The other party owed you a duty of care. All drivers have a duty to exercise care for other individuals using the road, whether pedestrian, bicyclist, or motorist
• The other party breached their duty of care. Whether text messaging, talking on the phone, daydreaming, speeding, running a red light, rolling through a stop sign, or any other possible mistake or distraction made while behind the wheel, a driver can be shown to have failed to exercise care in their operation of the vehicle.
• The breach of duty of care is what caused your injuries. It is quite possible that a driver indeed breached their duty of care, but that the breach itself cannot be blamed for your injuries. In some cases, proving this is straightforward, while in other cases, it can require a thorough investigation and presentation of strong evidence on your behalf.
• You can prove that you suffered actual injuries and losses as a result of the other party’s negligence. All three abovementioned elements may be present in a case, but if there is not actual evidence of the injuries and losses you claim you sustained, then you may be unable to establish negligence on the part of the other driver.

The Benefit Of Hiring Seasoned, Compassionate Legal Representation To Fight For Your Legal Rights

An auto accident can flip your life upside down in a mere instant. On top of dealing with pain and immobility from your injuries, you may be feeling the stress of having to miss work, being unable to care for your children, or simply not enjoying the hobbies that bring peace to your life.

It can be a scary time full of uncertainty. You might think you have little to look forward to except what seems like an obstacle course on your path to recovering physically, emotionally, and financially. This is when the compassion and dedication of a knowledgeable auto accident attorney becomes indispensable. Not only will you be able to rest assured knowing that the technicalities of your case are in the hands of accident experts, but you’ll be able to focus on your own personal recovery.

Call Fenstersheib Law Group, P.A., Your Accident Experts at 800-TELL-ROBERT. With convenient offices in Hallandale (main office), Miramar, Hollywood, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, and Jacksonville, Florida.

Get your questions answered - call us for your FREE consultation at 800-835-5762 & 954-456-2488