Automobile negligence occurs when a driver of a motor vehicle did not operate that vehicle in a reasonably safe manner and caused injury to another. That negligent driver is liable for damages by his/her reckless driving. However, the terms “negligence” and “liability” often get confused with one another. DMV.org created an article titled “Negligence and Determining Legal Liability,” to explain the difference in simple terms and are listed below:
Negligence occurs when a party fails to take reasonable measures to protect others who come in contact with them. An accident occurred as a result of careless actions or neglect to do something to prevent it even if there was no intent to do harm.
Liability occurs when a driver involved in an accident decides to pursue compensation for an accident first by determining who is liable and who caused the accident.
Automobile accident cases are rarely simple and can present complex legal issues. In Florida, to successfully prove negligence there are several requirements that must be met such as the following:
- First, a plaintiff must prove that the defendant had a duty to uphold to protect others from harm or unreasonable risk.
- Secondly, the defendant did not uphold that standard when it was their duty.
- Third, they must prove that the plaintiff was injured because the defendant did not uphold the standard. Lastly, there has to be proof that the plaintiff was indeed injured.
Automobile accidents are the nation’s leading cause of injury and non-disease-related death. The victims and their families are often left physically, emotionally, and financially devastated often at the hands of someone else’s negligence.
What victims of motor vehicle accidents often discover is that even a valid personal injury claim isn’t enough to win a case. However, a knowledgeable and experienced lawyer can navigate these complicated waters and help victims get the compensation they deserve.
If you or a loved one was a victim of a motor vehicle accident, contact Ted Babbitt at (561) 375-2841 for a free consultation. He is dedicated to ensuring your rights are protected and accepts cases throughout the U.S.
Every case he accepts is handled on a contingency basis, so you won’t be charged any attorney’s fees unless we win.
Resources:
http://www.dmv.org/insurance/negligence-and-determining-legal-liability.php
https://www.babbitt-johnson.com/personal-injury-law-form/car-accident-lawyer
http://www.nolo.com/legal-encyclopedia/car-accidents-caused-by-negligence-29537.html