If you or a loved one has been injured
in a car or motorcycle accident, we can help.
Our attorneys are experienced in the
investigation and prosecution of motor vehicle accident
claims. We are known for our responsiveness, thorough and
hands-on litigation style, investigative and negotiating
skills, and our accessibility to our clients. We go wherever
you need us to be.
Cases arising out of motor vehicle accidents are the most
common type of personal injury case in our court system today.
Every 10 seconds, someone in the United States is involved in
an automobile accident, according to the National Highway
Traffic Safety Administration. These accident cases are
usually governed by the law of negligence. Generally, people
who operate automobiles must exercise “reasonable care". A
failure to use reasonable care is considered negligence. A
person who negligently or carelessly operates a vehicle may be
required to pay for harm to a person or property, caused by
his or her negligence. The injured person, known as the
plaintiff, is required to prove that the defendant was
negligent, that the negligence caused the accident, and that
the accident caused the plaintiff’s injuries. If you have been
involved in a motor vehicle accident in Florida, do not
hesitate to seek legal counsel from a personal injury attorney
experienced in car accident cases in order to best protect
your interests.
As with other types of accidents, figuring out who is at
fault in a traffic crash is a matter of deciding who was
negligent or careless. Determining who is at fault can be
complicated, and we will look to a number of sources, such as
police reports, witnesses and through experienced accident
reconstruction experts.
Courts look to a number of factors in determining whether a
driver was negligent. These factors include, but are not
limited to, the following:
- disobeying traffic signs or
signals;
- failing to use a turn signal;
- driving too fast;
- disregarding weather or traffic conditions;
and
- driving under the influence of drugs or
alcohol.
A driver may also be liable for a crash due to his or her
intentional or reckless conduct. A reckless driver is one who
drives unsafely, with “willful and wanton disregard” for the
probability that such driving may cause an accident.
Traffic safety and law enforcement organizations are
renewing efforts to identify and penalize aggressive drivers.
The NHTSA defines aggressive driving as a progression of
unlawful driving actions such as:
- speeding-exceeding the posted limit or driving
too fast for conditions;
- improper or excessive lane
changing;
- failing to signal intent;
- failing to see that movement can be made safely;
or
- improper passing-failing to signal intent, using
an emergency lane to pass, or passing on the
shoulder.
Every 30 minutes, someone in the United States dies in an
alcohol-related crash. In a lawsuit arising from a drunk
driving accident, (in addition to the drunk driver being held
liable for the injuries), a bar or club may be liable for
damages if they served an obviously intoxicated guest, who
then drove and caused an accident. We can help you identify
who might be held responsible for your injuries, including
people or businesses you may not have thought of.
Sometimes accidents are caused by factors, which are
unrelated to the conduct of any particular driver. For
example, an automobile accident may occur due to a defect in
someone’s car. In such a case, an automobile manufacturer or
supplier may be responsible for injuries caused by a defect in
the automobile under the law of product liability.
Other factors, such as poorly maintained roads and
malfunctioning traffic control signals can contribute to cause
an accident as well. Improper design, maintenance,
construction, signage, lighting or other highway defects,
including negligently placed trees, signs and utility poles,
can also cause serious accidents. In cases such as this,
government entities such as the Department of Transportation
may be potential defendants in a lawsuit. |