Pembroke Pines, Florida, Car Accident Lawyer
Unfortunately, car accidents are common. On average, there are around 400,000 traffic accidents every year in the state of Florida alone, many of which cause serious or even fatal injuries. Most of the time, accidents are caused by human error. Drivers who lose focus or act carelessly put others in danger. If you are involved in a car accident that was caused by another driver’s negligence, you may have legal options at your disposal.
Drivers who cause accidents and fail to take proper care while driving are liable for the consequences of their actions. If you are injured in a car accident that was caused by someone else’s actions or inactions, you have the ability to sue them. You will need to be able to demonstrate that the other party failed to take reasonable care while driving and caused the accident that led to your damages. A successful car accident negligence lawsuit in Pembroke Pines will help the victim of the car accident deal with their personal and property injuries as well as the trauma that the ordeal may have caused.
I am attorney Jared Newman, and I know that dealing with the ramifications of a car accident can be serious. You may find yourself in pain, unable to work or without the resources to feel comfortable. Let me help you right this wrong by representing you on the way to a comfortable resolution. If you are curious about how I can assist you in your car accident negligence lawsuit in Pembroke Pines, call my firm for free consultation at 954-866-1790.
Negligence In A Car Accident Lawsuit In Pembroke Pines, Florida
When someone fails to abide by the rules of the road and causes a car accident, that person is typically liable for the injuries that the accident causes. In order to acquire compensation in a Florida court for damages sustained in a car accident, a plaintiff (the person who is suing) must prove all of the following:
- The other driver owed a duty of care.
- The driver breached that duty.
- The driver’s breach caused the accident.
- The plaintiff suffered harm as a result of the accident.
In car accidents, duty is most often assumed. This is because people who operate vehicles on public roads and highways automatically assume a duty to their fellow drivers, passengers and pedestrians. The duty they assume is to use reasonable care. “Reasonable care” is legal language for what another reasonable person would do in the same situation. For instance, a reasonable person would know to come to a stop at a stop sign.
Once the plaintiff establishes duty, they then must demonstrate that the other driver fell short of that duty. Some clear indicators of breach of duty are violations of commonly understood road rules. Driving through a red light, speeding or failing to use turn signals are all commonly understood conditions of a breach.
Proving cause can be complicated. In Pembroke Pines, courts use a “pure comparative negligence” theory for assigning fault to parties in a negligence claim. In other words, the law does not flip a coin. Instead, it assigns blame proportionally and limits recovery based on the proportion of fault that is determined. For instance, if you were hit from behind by a speeding car but failed to use your turn signal to indicate that you were slowing down, the court could find that you were somewhat at fault for the accident. If the court determines that you were 30% responsible, you would only be able to recover 70% of the damages you claimed from the other driver.
Damages In A Car Accident Lawsuit In Pembroke Pines, Florida
“Damages” is the legal term for the amount of money that you deserve for the troubles caused by someone else’s behavior. In other words, when you win your lawsuit alleging that someone else owes you money, damages are what they owe you. The court classifies damages differently based on the purposes of their assessment.
The first category of damages is economic damages, which refers to those expenses that come as a result of a car accident. If your car was damaged due to another driver’s negligence, you may seek compensation for auto repair assessments and services as well as other costs associated with your damaged property. If you were injured in the accident, you may try to recover for hospital bills, medical procedures, specialist appointments and ambulance fees. If your recovery is expected to take longer, you may recover for rehabilitation, physical therapy and required alterations to your home to deal with a disability. You may also collect compensation for any lost wages from missing work while recovering from your injuries and any loss of earning power resulting from a lengthy recovery period or lost function.
The second category is noneconomic damages. While not as black-and-white as hospital bills, noneconomic damages are very real for those who are forced to deal with them. People who are injured in car accidents often experience emotional symptoms of their trauma that cause a strain on their daily life. The chronic pain that may result from a severe long-term injury can take a toll on a person’s mental health as well. Florida courts will consider the pain and suffering associated with a car accident in determining damages owed by the negligent party.
Punitive damages are assessed by a court in a negligent car accident case when the behavior of the defendant is so egregious that it warrants additional punishment. The law in Pembroke Pines and the rest of Florida uses punitive damages to punish bad actors and deter others from following in their footsteps. Punitive damages are only available when the misconduct is found to be gross negligence, which requires a showing of disregard for the health and safety of others. Examples of gross negligence in car accidents include driving under the influence of drugs or alcohol.
Injured In A Car Accident In Pembroke Pines? Let Me Help You Make It Right.
I know what is required to ensure that my clients are paid what they deserve for car accidents caused by negligence. For your free consultation about my services, call Jared Newman, Esq., at 954-866-1790.