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.