If you have been harmed in a Florida car accident, whether it is a mild fender-bender or a significant collision, it may be helpful to understand the steps to proving negligence, especially if another driver’s direct actions caused your injuries and other losses. Working with a skilled Florida car accident attorney may help you reveal the necessary evidence you need to prove liability so you may recover the monetary compensation you are owed for medical expenses, lost wages, property damages, and other costly accident-related expenses.
At Marsalisi Law, we help you establish liability by investigating your accident, obtaining valuable evidence, and building a case proving negligence in your Florida car accident. We guide you through the legal process and offer knowledgeable legal counsel so you may obtain the fair and just monetary compensation you are owed.
4 Steps to Proving Negligence After a Florida Car Accident
In order to successfully recover monetary compensation for the damages sustained in a Florida car accident, you must prove elements of negligence to determine liability. With the guidance of a skilled Florida car accident lawyer, you have to demonstrate the following in your claim:
1. Establish a Reasonable Duty of Care
The initial step in establishing negligence in a Florida car accident claim is to show the existence of a reasonable duty of care. If a motorist decides to get behind the wheel of a car, they accept the responsibility of following all laws and regulations of the road to ensure that other drivers are safe when sharing the road.
2. Violation of a Reasonable Duty of Care
If a driver violates a reasonable duty of care, then they may be held liable for the injuries and damages they inflict. To determine whether a violation occurred, you must prove that a reasonable driver would not have acted in the same manner that led to a collision. This may include violating traffic laws and negligent driving behaviors, such as texting and driving, speeding, driving when intoxicated, and others.
3. Determining Causation
Not only do you have to prove that the driver was negligent, but you must also prove that their negligence directly caused your injuries. For example, if the driver had not been speeding to run a red light, you would not have gotten harmed.
4. Resulting Damages and Injuries
The last element of negligence you must prove is that you sustained damages, whether to your health or financial losses due to the negligence of the other driver. This may include damages, such as medical expenses, lost wages, property damages, emotional suffering, and other accident-related expenses.
Comparative Negligence in Florida Car Accident Cases
In instances where you share some of the blame for the car accident, Florida follows a pure comparative negligence practice in car accident cases. If the jury deems that you share a certain percentage of fault for the accident, your award may be reduced to the percentage equal to your share of fault.
For example, if you are 30% at fault for an accident due to speeding and the other party is 70% at fault due to texting while driving, you may receive the monetary worth of your damages minus 30%. To determine your approximate fault in an accident, contact a knowledgeable Florida car accident lawyer.
Speak With an Experienced Florida Car Accident Lawyer at Marsalisi Law
Recovering the compensation you are owed due to another driver’s negligence in a Florida car accident may be overwhelming on your own. Working with a skilled car accident lawyer at Marsalisi Law may help you manage all of the vital details of your claim while you focus on your recovery. We are well-versed in the complexities of proving negligence in a car accident case and vigorously fight for the fair and just monetary compensation you are owed.
Attorney Frank P. Marsalisi of Marsalisi Law is an award-winning car accident lawyer named one of the Top 3 Personal Injury Lawyers in St. Petersburg, Florida. We believe in client-oriented representation where your well-being is our top priority. Schedule a complimentary consultation today at (727) 800-5052 or fill out our contact form.
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