If you’ve been injured in a car accident and want to file a compensation claim, you’ll need to establish negligence. Defined as the failure to behave with a reasonable level of care, negligence is a key piece in the puzzle of Florida car accident cases.
Read on to learn how you can establish negligence in your auto accident case with help from an experienced attorney.
Step 1: Duty of Care
Firstly, it’s essential to establish that the other driver owed the victim a duty of care. In auto accident cases, this is relatively straightforward, as all drivers have a legal duty of care to everyone on the road, including other drivers, passengers, pedestrians, and bicyclists. They must drive with reasonable safety and follow traffic laws.
Step 2: Breach of Duty
Next, you must prove that the other driver breached their duty of care by failing to drive with the level of care of a reasonable person under similar circumstances. Common examples of this include speeding, tailgating, distracted driving, and driving under the influence. To prove a breach of duty, your attorney may collect various forms of evidence, including police reports, witness statements, and surveillance footage.
Step 3: Causation
Causation means that the other driver’s breach of duty directly resulted in you or your loved one’s injuries. To prove this link, you may need further evidence, like medical reports, expert opinions, and accident reconstruction.
Step 4: Damages
In addition to proving negligence, you must present and prove the damages resulting from the accident to build a successful auto accident case. Common damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damages
Proving negligence in Florida car accident cases isn’t always straightforward. To ensure you receive your rightful compensation after a crash, work with a seasoned auto accident attorney, like a member of the team at Weldon & Rothman, PL.
Contact us today to schedule a free case review!