What is Negligence?
Negligence is an important legal concept in any personal injury case. Negligence is a common law concept that involves a failure to act in a reasonable manner under the circumstance. If this this failure results in an injury a personal injury case arises based upon negligence. To prevail in a negligence action, the plaintiff (the injured party) must prove: (1) there is a duty under the circumstances to act with reasonable care (duty of care); (2) the actions/behavior of the defendant did not meet that standard of care (breach of duty); (3) the damage was caused as a result of the defendant’s breach of duty (causation);and (4) the plaintiff suffered an injury or loss which a reasonable person could have forseen (damages).
Brief Description of how the elements of Negligence apply to a Motor Vehicle Accident Case:
Duty of Care:
In auto accidents, it is presumed that all drivers owe other drivers the duty to drive safely and obey all traffic laws at all time.
Breach of duty:
If a driver fails to obey traffic signs, this will be considered a breach of duty of care.
If a car accident occurs due to a driver’s failure to obey a traffic sign it is presumed that the breach caused the car accident.
If the auto accident results in physical or emotional damage, then the injured party may seek monetary compensation as a result of the accident.
This is an explanation of Negligence in its simplest form. It’s not always this easy. If your reading this, you likely have more complicated questions: (1) What happens if neither party received a citation (ticket) for the accident; (2) What happens if the other party is alleging that I was responsible; (3) Who pays for my damages; (4) How does insurance apply; (5) Do I have to make a claim under my own insurance; (5)What happens if the at fault driver has no coverage; (6) What happens if my damages are minor; (7) What happens if I have preexisting injuries?
A personal injury case premised upon negligence presents several different legal challenges as indicated above. At Quattrochi, Torres, and Taormina, we are here to provide you with the support you need to maximize the value of your claim. We will be able to inform you of how negligence works in the state of Florida, negotiate a fair settlement and effectively represent you in trial. Contactus today for a free consultation.