How does inclement weather factor into a car accident in Boynton Beach?
Boynton Beach, FL – Drivers in Florida may experience sudden heavy winds, rains, flooding, and other weather events that can affect their ability to drive as normal. It is certainly possible that accidents can occur under these conditions. A driver may be sued and found to be at fault for an accident, even if the weather was a significant factor. The analysis for these kinds of cases is similar to other negligence lawsuits. A local accident lawyer can give advice about how to proceed after any motor vehicle crash.
The relevant standard of care
An important analysis of such a situation is to determine the standard of care. If there was a breach of the standard of care, the driver may have been negligent as a matter of law. It is likely that during severe weather, there is an increased standard of care. This can include things like driving more slowly, activating headlights and windshield wipers, and avoiding distractions in the car to increase focus. If the driver did not have this kind of heightened awareness, they may not have exercised the appropriate standard of care for driving in poor conditions. It is possible that the defendant driver or their insurance company may use the weather as an excuse for their actions, but they still need to drive appropriately.
The remaining elements of negligence
If the driver is found to not have exercised reasonable, the plaintiff must still prove actual causation of the accident by the defendant’s actions, along with damages. In situations involving severe weather, this would mean showing it was the way the defendant drove that led to the car collision, rather than the weather. If any of these elements are missing, the case will not be successful because a jury will be instructed to find in favor of the defendant.
Damages are one of the most crucial aspects of any injury lawsuit. This means that the plaintiff needs to show the defendant’s actions resulted in some kind of tangible injury. In accident lawsuits, this tends to be property damage, costs of medical injuries and lost wages, and other expenses caused by the crash.
There are also some more complex aspects of calculating damages. Much of the argument for damages must be made by the plaintiff’s lawyer during the initial complaint that begins the lawsuit. This can include intangible quality of life issues related to pain and suffering, and long term losses like future lost income and career prospects.
Help from a licensed lawyer in Florida
The Law Offices of Jeffrey A. Rosenberg is a trusted law firm that handles personal injury matters in Boynton Beach. Their attorneys can give advice about the specifics of a lawsuit for compensation during an initial consultation.
Firm contact info:
The Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487
561-508-8800
rosenberginjurylaw.com
