Car accident victims may incur thousands in expenses and decide to file a lawsuit against the driver who caused the accident. It’s necessary to prove the driver was negligent to win a case. Negligence means that their actions or inactions caused the accident because they didn’t show due care and attention to ensure safety while driving.
How Is Negligence Determined in a Car Crash?
In Florida car accident cases, negligence is determined by showing the other driver failed to act with reasonable care. Courts and insurance companies review traffic laws, witness statements, and police reports to decide if the driver’s actions directly or indirectly caused the crash and resulting injuries.
Negligence claims involve these components:
- Duty Of Care
- Breach Of Duty
- Causation
- Damages
Let’s explore these components and how they relate to your accident case.
1. Duty of Care
Every driver has a responsibility to operate in a way that ensures the safety of everyone using the road including other drivers, passengers, bicyclists, and pedestrians. They must use a reasonable standard of care and not act in a way likely to cause harm.
Examples of things drivers should not do:
- Drink and Drive
- Speed
- Drive Recklessly
- Run Red Lights
Drivers may be negligent if they don’t do something they should do to ensure safety. Examples of things drivers should do:
- Obey Traffic Signs
- Obey Traffic Laws
- Use Turn Signals
- Slow Down In Bad Weather
- Turn Headlights On At Night
Florida law requires drivers to remain at the accident scene. Staying at the location allows you to give law enforcement an account of the accident, which can help them to establish whether the other driver failed to exercise a duty of care.
Evidence Used to Establish Fault
Proving negligence requires strong evidence. Police reports, medical records, and witness statements often serve as the foundation of a car accident claim. Traffic law violations, such as running red lights or speeding, can establish negligence per se, making it easier to show the other driver was legally responsible.
2. Breach of Duty
Drivers’ actions are compared to the steps a “reasonable person” would take in the same situation. In personal injury cases, it’s crucial to prove that the at-fault driver disobeyed traffic laws or failed to act the way a reasonable person would have. Proving one or both of these things establishes that the driver could not exercise a reasonable standard of care.
A breach of duty occurs when drivers fail to exercise a reasonable standard of care. Proving a breach of duty helps build a case against the at-fault driver for negligence.
3. Causation
To successfully pursue a car accident claim against another driver, it’s necessary to prove that the driver’s breach of duty caused your injuries or property damage. Two types of causation can establish that the driver’s breach of duty caused your accident.
A. Cause-in-Fact
The driver’s breach of duty was directly responsible for the accident. Hitting a car with the right of way after running a red light is an example of cause-in-fact.
B. Proximate Cause
The driver’s breach of duty indirectly caused the accident. Suppose a drunk driver loses control of their vehicle, runs off the road, and hits a utility pole. The pole falls and hits another vehicle on the road, causing property damage and injuries. This is an example of a proximate cause.
Florida’s Modified Comparative Negligence System
Florida follows a modified comparative negligence system. Victims can recover damages only if they are less than 51% at fault. Compensation is reduced by their percentage of fault determined, so insurers often attempt to shift blame, making it important to understand how to dispute a car accident fault determination. Strong documentation helps protect victims from unfair liability assignments and ensures fair settlement.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein — a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association — has protected the rights of individuals injured by a negligent party.
Mr. Bernstein has the expertise to handle various injury cases, including, but not limited to, car accidents, medical malpractice cases, cruise ship accidents, accidental drownings, wrongful death lawsuits, along with most injury and catastrophic occurrences, and legal malpractice issues.
With a staff of approximately 40 people, including six lawyers and 34 support personnel, Jack Bernstein, Injury Attorneys, handles every type of personal injury and accident case throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. Our office has the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
4. Damages
Damages are the expenses and losses stemming from auto accidents. Damages fall under one of two categories.
A. Economic Damages
Economic damages are verifiable expenses stemming from your accident. Examples include:
- Medical Expenses
- Repair Bills
- Replacement Costs
- Loss Of Income
- Job Retraining Costs
- Relocation Or Accessibility Upgrades For Permanent Injuries
B. Non-Economic Damages
Non-economic damages encompass the accident’s toll on your life in non-economic ways. Examples include:
- Pain and Suffering
- Post-traumatic Stress Disorder (PTSD)
- Depression
- Nightmares
- Extreme Anxiety
- Chronic Phobias
Acknowledging and assessing non-economic damages is crucial when determining how much compensation to seek. Almost 40% of car accident victims in the United States develop PTSD because of their accidents. PTSD can cause permanent symptoms affecting your quality of life by causing emotional detachment, insomnia, flashbacks, and anxiety.
Related: How to Sue After a Car Accident in Tampa
Common Injuries in Florida Car Accident Cases
Car accidents often cause soft tissue injuries, broken bones, head trauma, and emotional conditions like PTSD. Victims may face hospital bills, lost wages, and long‑term medical treatment, and settlement values can be even higher in drunk driving accident claims because of the egregious nature of the conduct. Documenting injuries with medical records is essential to recover compensation for both economic costs and non‑economic damages such as pain and suffering.
Examples of Negligence
Below are some examples of negligence establishing the defendant’s breach of duty of care including violations of Florida’s texting and driving law and other traffic safety rules.
A. Failing to Obey Traffic Laws
Examples include:
- Running Red Lights
- Speeding
B. Failing to Maintain Alertness
Examples include:
- Distracted Driving
- Driving Sleep-deprived
C. Failing to Maintain Control of Vehicle
Examples include:
- Swerving Into Oncoming Traffic
- Abrupt Lane Changes
D. Failing to Maintain the Vehicle
Examples include:
- Driving With Malfunctioning Brakes
- Not Replacing Broken Headlights
E. Failing To Use Equipment Properly
Examples include:
- Not Signaling A Turn
- Not Turning On Headlights
Distracted Driving and Other Common Negligent Behaviors
Distracted driving, tailgating, and speeding are leading causes of Florida car accidents. Texting behind the wheel or failing to adjust for weather conditions shows a lack of reasonable care. These behaviors increase risks of rear‑end collisions and related fault disputes and are considered negligent under Florida’s traffic laws and negligence standards.
Shared Fault
Shared or comparative fault is when both parties share responsibility for the accident. In these cases, insurance companies assign a percentage of blame to each party. The percentage determines how much a driver pays or receives in damages.
How Insurance Companies Determine Fault
Insurance companies investigate accidents to minimize payouts. They review police reports, witness statements, and medical records to assign fault percentages. Victims must be cautious, as insurers may unfairly shift blame. Legal representation helps ensure determined liability is fair and compensation reflects the true extent of damages.
No-Fault
No matter who’s responsible for the accident, your insurance company will issue no-fault payouts to cover the costs of medical care. Accident victims in no-fault states can only file a lawsuit if the accident caused permanent injuries, scarring, or someone’s death.
Related: What to Do If You’ve Been Rear-Ended in a Car Accident in Tampa, FL
Critical Evidence in Florida Car Accident Claims
Gathering evidence quickly after a crash is vital. Police reports, surveillance footage, and vehicle data clarify liability. Witness statements can strengthen a negligence claim by showing how the other driver failed to act with reasonable care. Timely documentation prevents loss of crucial information and supports recovery of damages.
Why Legal Representation Matters in Negligence Cases
An experienced personal injury lawyer helps victims build strong negligence claims. Attorneys gather evidence, negotiate with insurance companies, and ensure compensation covers medical expenses, lost income, and emotional suffering. Legal representation is critical when insurers attempt to reduce payouts under Florida’s modified comparative negligence system.
How a Tampa Car Accident Lawyer Can Help
Car accident lawyers help accident victims pursue fair compensation. Call the Tampa car accident lawyers at Jack Bernstein Injury Attorneys for a free consultation. Jack Bernstein has represented car accident victims for over 36 years, and he’ll provide an expert opinion about your case. He uses his knowledge and experience to help every accident victim he represents as they navigate the legal process and seek compensation.
Call 813-333-6666 today to speak with Jack about your case.
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