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In 2019 in Florida, there were over 105,000 hit-and-run accidents, and in 2018, there were 814 drinking and driving fatalities. These are just a few examples of negligence that causes car accidents.
When you have been in a car accident, it has the potential to ruin your life. Negligence is a very serious problem, and it is a crime. Here is what you need to know when pursuing a lawsuit involving car accident negligence.
Duty of Care
Every driver on the road has the responsibility to exercise what is called a reasonable duty of care. If the other driver did not do this, there are likely multiple ways that you can show this.
Be sure that you have a police report, or call the police after the accident. A record of this incident, or even a ticket, will indicate that the other driver failed in their duty of care.
There may be other areas where a duty of care was breached where the law wasn’t broken. For example, speeding is a breach of duty of care, and so is running a stoplight. If the other driver was distracted by any other factors, this could be seen as negligence that causes an accident.
Document everything. Every detail matters in an accident.
Comparative Negligence
Comparative negligence means that there may be negligence on both sides of the accident. Under Florida statute §768.81, both drivers or multiple drivers can be responsible for the car accident. A percentage determines this. If you were 10 percent responsible, for example, 10 percent of the costs would come out of your settlement.
If you were driving reasonably, then the other driver may be held 100 percent responsible and have to pay for the entire claim. It’s important to have as much documentation as possible to indicate negligence if it is not as obvious as a hit-and-run or drinking and driving.
Proximate Causation
In the proximate causation principle, you must show that the outcome of the actions of the other driver caused the accident. You must show that you would not be injured or suffering losses if the other party was not negligent.
You will need an attorney to prove negligence. Your attorney will know what to say to judges and juries, or other attorneys, to get the best settlement for you.
Book a Free Consultation With a Florida Car Accident Attorney Today
When you have been in a car accident, and it is not your fault, you can sue for negligence. You will need an attorney to fight for your rights so that you get the compensation you deserve. At Stevenson Klotz Injury Lawyers, our Florida car accident attorneys know what you need to do to show negligence for your claim. Call us at (850) 706-4434 for a free consultation on your accident today.
FAQ
Is drinking and driving civilly negligent?
Yes, drinking and driving is negligent under the law. For Florida, it is statute §316.193 where there are multiple penalties for drunk driving, including civil claims.
How do I know what other losses I had? I’m mad and upset too.
If you have been mad and upset for a long time and impact your day every day, those could be considered losses. That could be pain and suffering. A personal injury lawyer can help you to determine if those losses are compensable.
I believe I was partly at fault. Can I still sue for negligence?
Yes, you can. You may not have been partly at fault, but a personal injury lawyer can help you get to the determination of who was at fault. Even if you are found to be partly at fault, you are still entitled to compensation.