Can You Sue for Negligence in a Car Accident Case?

Being involved in a car accident can be an incredibly frightening and traumatic experience for both the victims as well as their families. Navigating the aftermath of a car accident can seem overwhelming, especially if you are seeking to file a lawsuit against the negligent party. Fortunately, the Miami, Florida, car accident attorneys at Bernstein & Maryanoff Injury Attorneys are here to help ensure your life following the car accident runs as smoothly as possible despite the trauma you have just experienced.

Whether you have only suffered minor injuries or have experienced life-changing, catastrophic injuries, the car accident attorneys at Bernstein & Maryanoff Injury Attorneys are here to ensure you receive the maximum compensation possible. As soon as you are able, one of the first things you should do following your car accident is contact our legal team — the sooner we can begin to help you, the smoother your lawsuit will be. 

What is negligence in a car accident case?

In normal personal injury cases, negligence is defined as the “failure to use reasonable care, resulting in injury or property damage to another.” Negligence in car accidents is not much different, as negligence occurs when the driver has acted unreasonably and is responsible for causing the accident. More often than not, negligence in a car accident lawsuit is usually shown by not following laws, such as exceeding the speed limit, failing to stop at a red light, or not exercising reasonable care while driving. Other types of negligent conduct may include texting while driving, driving while under the influence, or driving at dangerous speeds.

Examples of negligent behavior behind the wheel

Unfortunately, a driver can be negligent behind the wheel in many ways. This is part of what makes car accident negligence claims so interesting; no two claims are the same, given the wide variety of negligent behavior a driver can engage in. Some of the most common examples of negligent behavior behind the wheel include:

• Speeding or driving too fast for conditions
• Failing to obey traffic laws
• Making illegal turns 
• Racing other drivers 
• Failing to yield the right of way or signal intentions when turning, passing, merging, or stopping
• Driving while under the influence of drugs or alcohol
• Tailgating and following another vehicle too closely
• Deliberately causing an accident due to “road rage” or aggressive driving
• Driving erratically, such as weaving in and out of traffic or driving on the shoulder

Can you sue for negligence?

Yes, you can sue for negligence. Negligence claims are essentially the backbone of any personal injury lawsuit. It’s only fair to receive compensation for any injuries you may have endured as the result of another person’s negligence. Suing for negligence allows you to recover damages for your losses as well as seek justice against the negligent party for their irresponsible behavior. 

How to prove and sue for negligence

In order to prove negligence in a car accident lawsuit, the injured party must be able to establish the four elements of negligence, which are: 

1. Duty of care: The driver had a duty to exercise reasonable caution behind the wheel 
2. Breach of that duty: The defendant failed to fulfill their legal obligation on the road 
3. Causation: It must be established that the breach of duty directly resulted in damages suffered by the injured party, such as injuries, pain and suffering, and lost wages
4. Damages: Evidence establishing medical costs or property damage arising from an accident caused by negligent driving will need to be presented, as well as any other evidence demonstrating financial losses from your injury claim

By proving these four elements, you will likely be successful in proving that the opposing party was, in fact, negligent in causing the car accident. Your car accident attorney from Bernstein & Maryanoff Injury Attorneys will be sure to carefully assess these elements with you to determine whether your case’s facts are enough to assert these elements. The stronger you can establish each claim, the stronger your overall argument against the negligent party will be.

The threshold for negligence in Florida

As with any lawsuit, it’s important to understand the jurisdiction in which you are filing your claim, as certain legal aspects may vary from jurisdiction to jurisdiction. For example, if you file a car accident lawsuit in Florida, you must understand that Florida relies on a modified no-fault system for car accident cases. That means for minor accidents, each driver receives compensation for their injuries from their own insurance company. For small-scale accidents with minor or no injuries, there are no lawsuits. Rather than a lawsuit, each party will recover from their own insurance company. Usually, there’s no compensation for pain and suffering in a no-fault case. It’s important to note that your payout can be as much as the limits of your own insurance policy.

It’s important to note that in situations where the accident results in substantial or permanent injuries to the victims, then the no-fault system does not apply. In situations where a case meets the injury threshold, the injured party has the ability to bring a claim against the negligent driver for comprehensive financial compensation. In order for the accident victim to be successful and win their claim, the driver against whom the claim has been brought must be partially or entirely responsible for the events leading up to the accident.

In situations where a case does not fall within the no-fault system, the injured party is eligible to claim compensation for economic and non-economic damages, such as financial losses or pain and suffering. To bring their claim, the injured party must make a demand to their insurance company or file their initial pleadings in the proper Florida court.

What damages can be recovered when suing for negligence after a car accident?

Given the many factors that must be considered when calculating what damages may be recovered for the victim’s car accident injuries, it can quickly become overwhelming. The experienced car accident attorneys at Bernstein & Maryanoff Injury Attorneys are here to help guide you through these many damages to ensure you understand what you may be compensated for, as well as explain the different types of damages available.

Our experienced car accident attorneys are happy to provide a complete presentation of your damages during negotiations with your insurance company or the opposing counsel. We will do our best to ensure you receive maximum compensation for your damages, all while avoiding a lengthy and expensive trial. 

Damages in car accident cases are divided into two main categories: economic damages and non-economic damages. Economic damages consist of financial damages that can be determined by a calculable dollar amount. Common economic damages include medical bills, vehicle repairs, and lost wages.

On the other hand, non-economic damages consist of just that — damages that are not economic at their core. Instead, non-economic damages consist of pain and suffering, loss of enjoyment of life, and emotional distress. Your car accident attorney will be able to calculate just how much you should be compensated for these non-financial damages.

How can a car accident attorney help me?

An experienced car accident attorney can help you in more ways than you can imagine. Given the stress and high emotions that come with a car accident, it’s necessary to have a well-versed attorney who is familiar with the local jurisdictions and can remain calm and collected while guiding you through the legal process. The legal process can be intimidating for anyone, making it important to retain a strong attorney to not only fight for your rights but also to eliminate some of your stress during your recovery. 

If you or a loved one has recently been in a car accident somewhere in the Miami, Florida, area, Bernstein & Maryanoff Injury Attorneys are here to help. Not only do we understand how car accident laws work in Florida, but we understand the trauma and stress you are experiencing as well — this is what makes us successful. We represent our clients with the intention of settling for nothing less than maximum compensation for their injuries, and we ensure that justice is served against the negligent party.

Regardless of whether your injuries are catastrophic or minor, our attorneys handle your claim with equal urgency and care, as we understand the severity of falling victim to a negligent driver.

Sources: 

Goguen, D. Florida Car Accident Laws. 

Negligence Definition. 

What are the Elements of Negligence? (2022).