Negligence liability considerations for car accidents in Florida
According to data from the Florida Department of Highway Safety and Motor Vehicles, more than 200,000 car accidents happen in this state every year. Their data suggests that more than 100,000 people are injured in these crashes and over 2,000 are killed in motor vehicle accidents annually. Many of these accidents are the result of negligence, and victims may want to know if there are grounds to file a lawsuit.
This post addresses some common considerations that go into the determination of whether negligence contributed to a car accident.
A good indicator of negligence as a factor in a multi-car accident can be a police report, particularly if the police officer who writes the report includes observations or draws conclusions indicating that one of the drivers was at fault.
A police report may be challenged as not being completely accurate since it is based on the subjective opinion of the investigating officers. Some conclusions may be drawn from common scenarios.
For example, if the accident involved a rear-end collision, then negligence on the part of the driver whose car struck the other from behind can become easier to demonstrate, as drivers are expected to allow sufficient distance between their vehicles and the ones in front of them.
Another avenue to explore in assessing possible negligent behavior leading to an accident is to refer to Florida driving laws. If, for example, an accident took place when one driver was performing a left-hand turn or a U-turn, the failure of a driver to properly execute the turn in compliance with the law can support a claim of negligence.
Additionally, the road and weather conditions existing at the time of the accident -- and a driver’s possible failure to take them into account -- can also play a role in assessing the possibility of negligence.
There are other considerations to weigh when making a negligence analysis of an accident involving two or more drivers; each accident is unique, and there are too many possible variables to be able to cover them all in a single post.
What is important to remember is that negligence leading to a car accident can arise from many different causes. Victims have the right to examine their situation with the help of an attorney and take legal action to pursue compensation, if appropriate.