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Adam Baros, Esq
Jason Weisenberg, Esq.
CORAL SPRINGS CAR ACCIDENT LAWYERS
Motor Vehicle Accident Lawyers Serving Clients in Naples & Coral Springs
Proving the Liability of a Negligent Driver
In a motorcycle accident lawsuit, a plaintiff is required to show that the defendant acted negligently and that this negligence was the cause of the plaintiff’s injuries and damages. When we are out on the road, we all owe one another a duty to drive with the same skill and care that a reasonably prudent motorist would use. In considering whether the defendant met this standard of care, the conditions at issue during the accident must be considered. Factors like weather, road hazards, and traffic are all important circumstances when it comes to determining the applicable level of care. There are many ways in which a driver may breach the duty, including running a red light, texting behind the wheel, or speeding on a slippery road during a thunderstorm.
An important step in a negligence case is showing that the defendant’s failure to act according to the standard of care was the cause of your injuries. Broadly speaking, a plaintiff can prove this element by showing that he or she would not have been hurt but for the defendant’s failure to act with due care. In many car accident cases, however, the defense will try to lay some of the blame on the plaintiff. Florida recognizes the pure comparative fault doctrine, which allows the jury to consider whether the victim was partly responsible for the accident. If the jury finds that he or she contributed to the crash to some extent, the jury can reduce the plaintiff’s award in proportion to the percentage of fault that they assign to the victim.
An injured individual who succeeds in a negligence claim may be able to hold a defendant liable for a broad range of damages, extending from medical costs and property damage to lost wages and earning capacity as well as pain and suffering. It is essential to avoid any delay in taking legal action, since compensation generally may be sought only within a fixed time period known as the statute of limitations.