On Behalf of The Andres Lopez Law Firm , PA | February 24, 2023 | Motor Vehicle Accidents
Motor vehicle accidents in Florida are among the most common personal injury cases we see today. Often, these are caused by road structures, driver negligence, or environmental conditions. In 2021 alone, there were 401,540 reported crashes in the state of Florida which is more than 50,000 than the year before.
This state consists of two major highways, the Florida Turnpike and I-95. In the last few years, the state has begun construction on I-95 to expand it as more people move south. With an increased population, the former highway structure cannot handle the growing traffic congestion. Increases in vehicle traffic can lead to higher driver error and car accidents.
Driver negligence is a major cause of car accidents today, and if someone is involved in an accident due to someone else’s negligence, a lawyer can assist the victim get compensated for his or her injuries. When involved in an accident, group health insurance companies usually do not cover the costs related to the injury. With the assistance of a lawyer, the victim can receive a payment from the person who caused the accident. Monetary compensation can help cover the costs of the victims medical bills, and depending on the injury, the long term effects of the accident.
Driver error can include speeding, swerving, driver inattention, driving under the influence and more. In Florida, to prove negligence an injured party must establish the following four elements: duty owed to injured party, the defendant’s breach of that duty, which approximately caused the injury and damages suffered as a result of the accident.
Duty is the understanding that drivers will avoid accidents, drive attentively and defensively at all times. A breach of that duty occurs when someone fails to drive attentively or defensively. For example, a person who is speeding or a person who fails to slow down when it is raining, or a person who is drinking and driving. There are many ways in which a driver can breach the duty of care.
Proximate cause refers to the fact that the driver’s negligence actually caused the victim’s injuries. Lastly, damage is the injury caused by the accident (i.e.physical harm, loss of function, a permanent injury, or death). In Florida, there is the no-fault insurance law. This means that victims cannot file negligence claims unless one of the above serious injuries has occurred.
If a victim has sustained serious injuries, they may be entitled to monetary compensation. This payment can help any economic/noneconomic losses that occurred as a result of the car accident. The attorney can help you make a claim for lost wages, bodily injuries, pain and suffering. To have your case evaluated please call the Andres Lopez Law Firm at 754-208-1199.