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.
In a motor vehicle negligence claim, a plaintiff must establish that the defendant’s negligence proximately caused his or her injuries and that the accident was foreseeable. A foreseeable consequence is one that a prudent person would anticipate as likely to result from the allegedly negligent act. Generally, the plaintiff has the burden of proof to establish each element in a negligence action. However, in the case of a Florida rear-end collision, there is a rebuttable presumption that the driver in the rear was negligent.
Florida Man Hit with Metal from Passing Truck
A Florida man was driving on a highway when a large piece of metal fell off an interstate overpass and landed on his van. According to one news source, the tractor-trailer had been driving on the overpass when the truck lost control and hit a guard rail. When the truck hit the guard rail, a large piece of scrap metal became loose, and the truck flipped over, causing the metal piece to fly off the overpass. As a 36-year-old Florida driver was driving on the highway below, the metal piece hit his van, smashing the roof.
The van driver suffered only minor injuries. The truck driver, who was 33 years old, suffered minor injuries as well and received a ticket for careless driving. The crash shut down the exit ramp for several hours while authorities cleared the area.
Have You Been Injured in a Florida Motor Vehicle Accident?
If you have been injured in a Florida motor vehicle accident, you may be able to bring a claim against another person or entity that may be at fault for the accident. At Cecere Santana Castrillon, our injury attorneys have helped many Florida residents hurt by the negligent actions of others. We are committed to providing dedicated representation to Fort Lauderdale residents and others throughout the South Florida region. We represent individuals in homeowner’s and property claims, personal injury cases, workers’ compensation claims, and immigration matters. To learn more, call (800) 753-5529 or fill out our contact form online.
More Blog Posts:
Boating Accidents in South Florida, Cecere Santana Castrillon Injury Lawyers Blog, published June 1, 2017.
Florida Children Exposed to Toxic Gas at Indoor Pool, Cecere Santana Castrillon Injury Lawyers Blog, published July 7, 2017.