AGGRESSIVE DRIVING ACCIDENTS
UNINSURED / UNDERINSURED MOTORIST CLAIMS
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Adam Baros, Esq
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RUSH HOUR ACCIDENTS
Coral Springs Car Accident Lawyers
Most of us can relate to dealing with rush hour traffic. Whether it is crawling along a highway at a snail’s pace or being stuck at an intersection for what seems like hours, rush hour traffic is stressful for everyone. As a result of this stress, it is also one of the most common times for a car accident to happen. However, being frustrated or in a hurry is not an excuse for careless or reckless behavior behind the wheel. At the Law Offices of Adam Baron, our Coral Springs car accident attorneys have handled numerous rush-hour collision cases for victims across South Florida. Let us help you explore your options and assert your rights.
Holding a Careless Driver Liable for a Rush Hour Accident
As motorists, we each owe a duty of care to other drivers and pedestrians to operate our vehicles with the care that a responsible driver would use in a comparable situation. This involves behavior such as leaving an adequate following distance behind other vehicles, making safe lane changes, and driving at a speed that is appropriate for the traffic on the road. In any situation in which a driver violates an applicable traffic law at the time of a crash, the plaintiff will have a strong argument that this driver did not comply with the duty of care. Some of the most common crashes that occur during rush hour are rear-end collisions, including multiple-car accidents in which a chain reaction results in several vehicles colliding.
In addition to showing that another driver breached the duty of care, you must establish that there is a causal connection between this breach and the injuries that you sustained. If a victim would have suffered the same injuries without the defendant’s negligent conduct, in other words, this would not support a negligence claim. Florida applies the doctrine of pure comparative negligence, which means that a jury is allowed to consider evidence of the plaintiff’s own careless conduct. The jury may then assign a percentage of fault to the plaintiff and reduce any damages award in the plaintiff’s favor by that percentage. A wide variety of damages may be sought by a victim of a rush hour accident. These may extend to past medical bills, future medical care, lost wages, reduced earning capacity, and pain and suffering.
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After demonstrating that the defendant breached the standard of care, the plaintiff must illustrate that this breach was also the direct cause of the damages that he or she is seeking in the lawsuit. At this stage, an accident reconstructionist can potentially testify about how the defendant’s negligence created the accident and how the victim would not have been hurt but for the defendant’s lack of due care.