What Is the Definition of “Negligence” in a Palm Beach Gardens Auto Accident Claim?

Negligence is a very important concept in most Palm Beach Gardens auto accident claims. Unfortunately, it is also a relatively complex concept – one that is difficult to understand for many plaintiffs. Once you understand how negligence works in Florida, it might be easier to proceed with confidence. An experienced auto accident lawyer in Palm Beach Gardens can also explain this concept in more detail during a consultation.

Negligence Means Fault 

The easiest way to describe negligence is in the context of “fault.” When you prove negligence in a car accident claim, you establish that someone else was to blame. But it’s not exactly that straightforward, because negligence has four separate elements:

First, you must establish a duty of care. In other words, you need to show that the other driver has a responsibility to drive their vehicle in a safe, responsible manner.

Next, you need to show that they “breached” this duty of care. In other words, they engaged in behavior that was unreasonable and irresponsible. This could be specific behavior behind the wheel, such as running a red light or failing to yield when turning left. It might also be behavior outside of the vehicle, such as failing to repair brakes or consuming alcohol.

Once you establish breach, you must establish causation. In other words, you must show that the breach led directly to your injuries. An example of causation is running a red light and hitting a person in an intersection. But if a driver runs a red light and someone trips over their shoelaces, there is no “causation” between the breach and the injury.

Finally, you need to prove that your injuries are real. This is as simple as showing your medical records.

Florida Follows a System of Modified Comparative Negligence 

Florida also defines negligence in a specific way, using a “comparative negligence” system. Under this system, you can file a claim even if you were partially to blame for your own injuries. However, there is a limit to this rule: If you were more than 50% responsible, you might not be able to sue. Speak with a lawyer to determine whether a lawsuit is still possible, even if you partially caused the crash.

For example, you might have been texting at the time of the crash, perhaps while approaching a red light at a slow, controlled pace. If a drunk driver hit you while speeding and changing lanes recklessly, you could argue that you contributed much less to the crash.

Can a Palm Beach Gardens Auto Accident Lawyer Help Me Prove Negligence? 

Once you understand the legal definition of negligence, it may be easier to proceed with your claim. That being said, there is no need to prove negligence yourself. This is something that an auto accident attorney in Palm Beach Gardens can assist with, along with every other aspect of your case. Contact Steinberg Law today to learn more about the next steps.

Sources:

 law.cornell.edu/wex/negligence

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html