If an individual suffers damages due to the actions of another person, the individual may be entitled to compensation for injuries and other damages. This is regardless of whether the at-fault person was acting with the intent to cause harm or was merely negligent under the circumstances. Most motor vehicle collisions are results of negligent conduct rather than intentional conduct.
A Florida personal injury claim requires a plaintiff to prove the following: a duty of care owed by the defendant to the plaintiff to conform to a certain standard of conduct; a breach of the duty by the defendant; a causal connection between the conduct and the plaintiff’s injuries; and damages.
Under Fla. Stat. 316.1925, any person who operates a motor vehicle in Florida must drive in a careful and prudent manner, in light of the circumstances, to avoid endangering other people and property. Circumstances to consider in evaluating a motorist’s driving include the weather, the width of the road, the presence of curves, the speed limit, and the amount of traffic. A driver is also responsible for maintaining attention at all times in preparation for the demands of an emergency.