Boca Raton, FL – Some motor vehicle accidents implicate complex legal principles that may not be easy to understand. There are also rules that vary by state to determine fault, where Florida has a specific no fault system that applies to all collisions.
When civil lawsuits are involved all elements of negligence must be proven by the plaintiff. These include a breach of the relevant duty of care, causation, and damages.
A negligence case is one of the most crucial things that personal injury and accident attorneys deal with regularly. Nearly all motor vehicle accidents that result in legal action will utilize the principles of negligence. In Florida, there is also the possibility of dividing fault between all drivers involved based on the state’s comparative negligence law. This means that even if the plaintiff was somewhat responsible for their own injuries and any other damages that resulted from the collision, they can still collect money. The third element of negligence is causation, and the inquiry into how an accident was caused is very fact intensive.
What is causation?
In order for the plaintiff to prevail in a negligence case they must prove that the defendant was the actual and proximate cause of all damages. Actual cause is usually a straightforward inquiry which shows that the defendant did something like using their phone while driving, driving under the influence, speeding, or simply took their eyes off of the road. The fact that the accident happened afterward can show an actual case.
Proximate cause can be a bit more difficult to prove. This usually depends on whether the defendant’s act was a foreseeable and immediate cause of the damages. Something like mistakes while driving can become a proximate cause because something like speeding or not watching the road can foreseeably result in a collision. Another related test for caution is to ask the jury. They can be asked to decide if these actions did not occur, the accident would not have occurred as well.
Legal advice related to negligence
Issues related to determining negligence, causation, and fault in an accident can be highly variable depending on the evidence, and the outcome and available compensation can change greatly based on the specifics of any given collision. For these reasons, any victim should get personalized advice from a local lawyer before deciding whether to pursue legal action.
Attorneys who handle injury cases in Florida
Rosenberg Injury Law assists local clients with lawsuits related to motor vehicle crashes in the Boca Raton area. Accident victims can schedule a meeting to speak with an attorney at the victim to get specific advice.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487