Whenever passengers are involved in an accident, the question that comes to mind is “who caused it?” Typically, the driver is always at fault. The fact that you sustained some injuries as a passenger is not necessarily sufficient to warrant compensation. Since the personal injury laws vary from state to state, it’s crucial to understand whether you can sue the at-fault driver in Florida.
The response to this tricky question is “yes you can”. Remember that in most cases, the driver’s insurance company will deny the claims, or reduce the damages in the quest to cut costs. As a passenger in a Florida car crash, having a competent attorney in Florida will work to your advantage if you are looking to get your maximum compensation.
The attorney’s knowledge of the local traffic laws and experience in the courtroom will enable you to circumvent the challenges that will ensue once the fight begins.
Duty of Care
In order to receive compensation, proof of negligence is vital. Remember that the damages must be legally recognizable to be admissible in court. The driver has a responsibility to drive safely since the passenger cedes control of the vehicle.
This responsibility is known as the duty of care. The Attorney for Florida Car Crash must prove that the accident was a result of the breach of this duty. The attorney will establish that the defendant owed the plaintiff this duty of care.
Whereas the road poses many challenges that include negligent motorists, poor visibility, uneven surfaces, black spots, steep brows, and poor lighting, a competent driver is expected to operate the vehicle safely in all these situations.
Breach of Duty
Breach of duty involves assessing whether a motorist caused an accident as a result of omission or commission. Failing to act when supposed to do so is comparable to acting erroneously. A reasonably prudent driver will only swerve the vehicle at the right place and time.
Drivers know that passengers can be injured as a result of their actions, meaning that they should act in certain ways to avert such injuries.
Causation
The attorney is required to prove that the defendant’s negligence was the actual cause of the accident. While a driver might have been acting negligently, the plaintiff cannot receive any compensation if the negligence was not the actual cause of the injury. It would be unfair to sue the driver if the accident was caused by a hit and run motorist. In such a situation, both the passenger in a Florida car crash and the driver can sue the offender.
However, if the driver was texting while driving, the attorney can argue that the accident could have been avoided. In most situations, hit and run accidents are deemed unforeseeable. In Florida, a driver who acts reasonably cannot be sued if the accident was caused by a random event or an unexpected act of nature.
Proof of Fault
It is crucial to have some supportive evidence to prove the driver was at fault. The police officer will provide a report as well as an opinion on the major cause of the accident. This report must indicate the various traffic law violations that include speeding, tailgating, ignoring the red lights, and so on.
Sometimes, the police officer may provide other details, such as the specific positions of the vehicles, eyewitness accounts, or pictures of the scene. It is almost impossible to get proof of fault without a police report. As such, be sure to ask for a copy of the police report from the officer who responded to the scene.
In addition to the police reports, you can get more information, especially if you focus on the aspects that will support your case. Be sure to share such information with your Florida attorney.
Medical Records
As a passenger, you do not bear any responsibility for the accident that you suffered. However, you must make a third-party claim by proving the liability of the driver as well as elucidating the losses you suffered as a result.
The only way to establish the extent of your injuries is to go for a comprehensive medical examination. A passenger accident lawyer works hand in hand with a medical practitioner that undertakes a thorough examination of all fractures and soft tissue damages.
Remember that while fractures are easy to identify through X-rays, soft tissue damage can be extremely difficult to prove. Passenger accident examinations require special laboratories, equipped with the latest medical equipment. The doctor will cite that you need special treatment to recover and sufficient funds to cater for the long-term injuries.
Incompetent Company Drivers
If a company hires a driver without undertaking the necessary tests and screens, it can risk the lives of motorists, passengers, and other road users. Drivers are not only required to pass the physical exam, but they should also have the appropriate driving licenses.
Such companies should also undertake drug and alcohol tests occasionally. A company that does not review the driver’s prior employment history can be liable to damages and accidents that occur. The attorney for Florida Car Crash will sue the company for negligent hiring.
Since the companies have deeper pockets than their drivers, you can get a sizable compensation for your injuries.
Florida’s No-Fault Insurance Law
In Florida, you can sue the at-fault driver and obtain compensation for pain and suffering, disfigurement, loss of a bodily function, and permanent injuries. Because long term injury laws are complicated, you should contact a Florida personal injury attorney in the shortest time possible to review your situation.
When it comes to permanent injuries, Florida has adopted the no-fault insurance system where your insurer caters to the damages no matter who is at fault. Depending on your personal injury protection policy, you can receive a minimum of $10,000 to cover your medical expenses and lost wages as a result of the accident. However, medical treatment must be conducted within 14 days after the accident or the $10,000 in medical benefits would be reduced to $2,500.
Were you or a loved one involved in an accident and would like to sue the at-fault driver for damages? Contact us today, and we’ll have our experienced Florida accident attorney represent your case.
