Last Updated on May 26, 2022 by azamqasim
Determining negligence in a Florida car accident case can be complicated. It’s especially true if there are several parties involved. To determine what party caused the accident or is considered at fault, negligence must be proven.
Because of how complicated these cases can be, it’s a good idea to retain the services of a Florida, personal injury attorney. They can review the facts of your case and ensure you have proper representation.
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Negligence describes any act that occurs without reasonable care and that risks someone else’s safety. According to Florida law, “negligence action” is what must be proven in a car accident claim to hold one party responsible for the situation.
Many personal injury claims that involve a truck, motorcycle, or car accident will use negligence to determine who is at fault. For example, if there is a driver who is operating their vehicle while under the influence of alcohol or drugs, then they may be considered negligent if an accident occurs.
To justify any automotive negligence claim, the plaintiff must acknowledge four important factors.
The first is that there was a clear and obvious duty of care owed to the injured party by the person at-fault. This can include another driver, a passenger, or other people on the road. The second factor is that the duty of care was breached in some way, which provides proof that the duty of care wasn’t carried out. The third factor is causation, which explains how the negligent action of the defendant resulted in the injury to the plaintiff. The last factor is proving that damages or injuries occurred because of negligence.
Understanding Comparative Fault
The state of Florida operates under a comparative fault system. This is also called contributory fault, which means the claimant cannot receive full damages for the accident if they are partially at fault. While this is true, it is still possible to recover some compensation.
Is Florida Considered a No-Fault State?
The no-fault system in Florida is what is used to determine what occurs between people involved in a car accident and insurance companies. With no-fault car insurance, your policy can pay up to $10K for your medical treatment if you are injured in an accident, regardless of who was at fault.
While this is true, if your insurance doesn’t cover all your costs or damages, you can file a car accident lawsuit against the at-fault party.
Hire an Attorney to Help with Your Florida Car Accident Case
If you have been involved in a Florida car accident, you may be confused about what to do next. Because of how complex the law can be, it is a good idea to find and use the services of an attorney. With the help of an experienced West Palm Beach car accident attorney, you can get the compensation you deserve. An attorney is going to provide you with an array of legal services that will benefit you in the long run.