Negligence is the failure of a driver to use reasonable care, which is the care that a reasonably careful driver would use in a similar situation.
There are 11 parties that may be negligent in a car accident. This article focuses on a driver’s negligence.
This article also applies to truck, motorcycle, bike, scooter and moped, limousine and taxi accident cases.
Think of negligence as carelessness. In a Florida personal injury case, the jury will be given this instruction as to negligence:
Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” Florida Civil Jury Instruction 401.4
What Are Some Violations That May Be Considered Negligence in a Car Accident Case?
Below are some examples of violations that may be considered negligence in a car accident case. I’ve included a few of my personal injury settlement amounts in parenthesis that involve the corresponding negligence act.
- Careless driving (Settlements for $325,000, $23,000 and $10,000)
- Speeding
- Driving in the wrong direction
- Speeding based on poor weather conditions or traffic
- Moving violation resulting in a crash
- Failing to stop at a traffic signal ($200,000 Settlement)
- Failing to stop at a red light ($200,000 Settlement)
- Failing to stop at a stop sign
- Failure to yield the right of way (Settlements for $445,000, $150,000, $100,000, $75,000, $35,000)
- Reckless driving
- Making a left hand turn and cutting you off
- Improper Backing Up
- Passing in a no passing zone
- Not stopping for pedestrians or for a school bus
- Leaving the accident scene (Hit and Run)
- Improper lane change (Settlement for $130,000)
- Driving Under the Influence (DUI) (Settlements for $95,000, $30,000, $25,000, $18,000, $15,000, $13,000, $13,000)
- DUI Manslaughter ($10,000 Policy Limits Settlement)
- Distracted driving
- Rear end collisions (Settlements for $210,000, $100,000, $30,000, $10,000, $7,500)
- Crashing into a garage ($100,000 Settlement)
- Improper turn
- Improper passing
- Following too closely (Tailgating)
- Head on collisions ($95,000 Settlement)
- Brake Lights that were not working properly
- Failure to signal a turn
- Sudden stops
- Getting out of the vehicle and assaulting a driver
- Highway accidents ($130,000 Settlement)
- Residential area car accidents ($100,000 Settlement)
- Open Intersection Accidents (Settlements for $150,000, $75,000, $15,000, $13,000)
- Driveway Accidents ($100,000, $10,000)
- and much more.
Do You Need to Prove That a Driver Was Negligent in a Personal Injury Case?
Yes, if you want to recover money for pain and suffering, future pain and suffering, out of pocket medical bills, unpaid lost wages, mental anguish, loss of ability to enjoy life, and other types of compensation.
Do You Get Money if You Can Show that a Driver Was Negligent in a Personal Injury Case?
Yes, if you can show that a driver’s negligence caused your damages. The at fault driver’s bodily injury (“BI”) liability auto insurance company may argue that:
- You were already hurt before the accident.
- The accident could not have caused your injuries (e.g. the impact was too small, etc.)
You also need the negligent party to have “BI” liability auto insurance, or money to pay your claim.
Example #1 – Negligence in Truck Accident Case
Jorge Doe was injured when the truck that Richard Rowe made a left hand turn in front of Jorge and they crashed. Jorge Doe was diagnosed with a lower leg fracture.
Jorge claimed that Richard was negligent in the operation of the truck he was driving which caused Jorge harm.
Analysis
In the above example, did Richard Rowe fail to use reasonable care while driving his truck? Yes. Richard should have yielded to Jorge because Jorge had the right of way. Therefore, Richard was negligent.
Next Step – Determine Legal Cause
In the Example #1, we concluded that Richard was negligent. The next step is to determine whether Richard’s negligence was the legal cause of damage to Jorge.
I settled this case for $445,000 because Richard’s negligence was the legal cause of Jorge’s leg injury.
Example #2 – Negligence – Driver Hit Pedestrian
Sean Smith (not real name) was injured when Michael Jones (not real name) crashed into him while he was standing next to his car. Sean was taken to the hospital.
They diagnosed him with a tibia (shinbone) shaft fracture. Sean claimed that Michael was negligent in the operation of the car he was driving which caused Sean harm.
Analysis
In the above example, did Michael Jones fail to use reasonable care while driving a car? Yes. Michael should have been driving more carefully and not crashed into Sean. Thus, Michael was negligent.
Next Step – Determine Legal Cause
In the Example #2, Michael was negligent. The next step is to determine whether Michael’s negligence was the legal cause of damage to Sean.
I settled this case for $325,000, but that was because Michael’s negligence was the legal cause of Sean’s leg injury.
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