Car Accident Liability

"Car Accident Liability" refers to the fault or negligence connected with an automobile accident case or claim. Just because there is a crash does not necessarily mean that there is fault to place on one driver or another. A driver is liable for the damages or injuries if it can be established through the evidence (which consists in part on photographs and testimony) that the driver was negligence or careless.

Negligence can present itself in a number of ways including but not limited to: excessive speed for road conditions and weather, excessive speed beyond the speed limit, improper left turn, violation of right of way, failure to yield at yield sign, failure to stop at stop sign, and following too closely. There are statutes in place in the State of Florida for many of these situations. It is important that a driver pays attention to road conditions, traffic, and other risks and dangers on or near the roads, highways, and streets. Driver distraction is a big problem these days in that most every driver owns a mobile phone and has access to the mobile phone while driving.

Many people mistakenly believe that the liability or fault for a Florida Automobile Accident begins and ends with the police report and the citation issued per the police report. Florida has an Accident Report Privilege in place which, in essence, means that a party may not introduce into evidence in a civil trial the police report or any information as to the issuance or lack of issuance of a traffic citation. there is a public purpose behind this law. The legislature and courts have decided that the fate of a personal injury claim should not be placed wholly in the hands of a police officer who did not personally witness the crash but merely showed up after the crash. At times, it takes a full investigation and the retention of an accident reconstruction expert to establish the liability or fault for an automobile accident.

It should be noted that "Car Accident Liability" refers to the negligence or fault for the accident. There are four elements to prove as part of any personal injury case including those involving automobile accidents as follows: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Let's say that a driver fails to stop at a stop sign and crashes into the passenger side of a vehicle going through the intersection. A police officer arrives on the scene and issues a traffic citation to the driver who ran the stop sign. The person in vehicle that was hit on the passenger side suffered injuries and was evaluated at the emergency room. Under these facts, it appears that the liability or fault for the accident or crash is clear; however, it should be noted that the accident report does not come into evidence and the issuance of the citation does not come into evidence. At trial, the allegedly at-fault driver could claim (even though it would be untrue) that he did indeed stop at the stop sign. Unfortunately, the police report and the issuance of the citation would still be outside the reach and view of the jury. As to the other elements, if it can be established the driver ran the stop sign, there is still a burden to prove that the trauma from the crash caused the victim to suffer the injuries. Furthermore, in the State of Florida, it must be established that the victim suffered a permanent injury to be entitled to damages related to pain, suffering, loss of enjoyment of life, and mental anguish.

David Wolf is a personal injury and automobile accident attorney based in Jacksonville, Florida. He handles automobile accident cases across the State of Florida. As the author of 12 books that focus on personal injury matters and cases, David Wolf is recognized as an authority and leader in this field of practice. David Wolf offers a Free Consultation on all personal injury and automobile accident cases. David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families. Get D. Wolf On Your Side - At Your Side.