Determining Liability and Negligence In a Car Accident Case
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.
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.
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.
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.
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.
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.
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.
Damages
Damages are the expenses and losses stemming from auto accidents. Damages fall under one of two categories.
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
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.
Below are some examples of negligence establishing the defendant’s breach of duty of care.
Failing to Obey Traffic Laws
Examples include:
Running Red Lights
Speeding
Failing to Maintain Alertness
Examples include:
Distracted Driving
Driving Sleep-deprived
Failing to Maintain Control of Vehicle
Examples include:
Swerving Into Oncoming Traffic
Abrupt Lane Changes
Failing to Maintain the Vehicle
Examples include:
Driving With Malfunctioning Brakes
Not Replacing Broken Headlights
Failing To Use Equipment Properly
Examples include:
Not Signaling A Turn
Not Turning On Headlights
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.
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.
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.