How is Negligence Determined in Florida Car Accidents?
In Florida, drivers may be liable for causing injuries in a car accident if they were negligent. Negligence involves four elements: duty, breach, causation, and damages. Every driver in Florida has a duty to remain alert and keep a safe distance away from other cars. A driver may have been negligent if he or she breached (failed to meet) this duty. For example, rear-end accidents frequently occur in Fort Lauderdale because of a negligent driver following too closely or driving while he or she was distracted. Finally, the breach of duty must have caused the damage to the car accident victim. Florida requires proof of proximate causation, often using a “but for” test. In other words, “but for” the driver’s negligence, the victim’s injuries would not have occurred. An experienced car accident lawyer in Fort Lauderdale may help you prove that a driver breached his or her duty, and thus proximately caused a car accident that resulted in your injuries.
For more information, see Stahl v. Metropolitan Dade County, 438 So. 2d 14 (Third District Court of Appeal of Florida, 1983).