Causes of Car Accidents
In the State of Florida, a car accident case is a legal case involving the concept of negligence. As defined by Florida law, negligence is defined as follows:
Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. 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.
When applied to car accidents, a driver in the State of Florida is assumed under Florida law to know and understand the rules of the road and is judged by the aforementioned reasonable careful person standard. As such, a driver in Florida as well as other states has a duty to obey the rules of the road and drive in a safe manner based on road conditions, traffic, weather, and other circumstances in place. There are a number of causes for car accidents. Some car accidents happen without any fault on the part of a driver while others are definitely the fault of one or more drivers involved in a car crash. Based in Jacksonville, Florida, David Wolf has dedicated his entire legal career to representing individuals seeking compensation for personal injuries caused by the negligence or fault of a person, business, or government entity. As an attorney, author, and advocate, automobile accident attorney David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.
There are a number of causes for a car accident or crash. In assessing liability or fault for an accident, attorney David Wolf will review the police report (if there is one), witness statements, photographs, the accident accident, and other information and evidence to determine the strengths and weaknesses in a case and then pursue / recommend a course of action for the client. In the aftermath of a car accident, the injury victim has enough to deal with with the injuries, medical care, work responsibilities, family responsibilities, and personal responsibilities. As such, it makes sense to get a Florida Automobile Accident in place to protect and enforce the legal rights of the injury victim. Here are some causes for car accidents that are considered acts of negligence in the State of Florida:
Excessive or Unsafe Speed. The concept of excessive or unsafe speed can come in different forms. It should be noted that a person can be negligent or at fault for excessive or unsafe speed even if the driver is within the posted speed limits. For instance, let's say that the speed limit is 45 miles per hour. A driver is operating his motor vehicle at 40 miles per hour and crashes into the vehicle in front of him. If traffic was bumper to bumper and the vehicle in front was stopped for 30 seconds or so, the driver, who was going 40 miles per hour, would be negligence for driving at an excessive or unsafe speed. A driver has a duty to pay attention and adjust his or her speed based on traffic, road conditions, the presence of pedestrians or bicyclists, and other factors. Certainly, a driver going 90 miles per hour is driving at an excessive speed AND in violation of the posted speed limit as well.
Driver Impairment. Driver impairment can also be the cause or a contributing cause for a car accident. To establish a simple case for negligence during the operation of a motor vehicle, a personal injury victim does not have to establish that the at-fault driver was impaired. Certainly, if drinking or drug use was a cause of an accident, it can form the basis of a claim for gross negligence or recklessness that may entitle the injury victim to pursue a case for punitive damages. Typically, driver impairment works in combination with other forms of negligence to cause a car accident. For instance, let's say a driver was impaired AND following too closely. As a result of such driving, the impaired driving rear ends the driver / vehicle in front of him. While it is careless and negligent to driver under the impairment of drugs or alcohol, there must be a showing of some negligence in the operation of a motor vehicle that was the cause of the crash. For instance, if an impaired driver is stopped at a stop light and is rear ended by another driver, the impaired driver would not be at fault for the crash even though he was impaired at the time of the crash. It should be noted that each car accident / crash should be evaluated on its own facts and merits.
Distracted Driving. With the mass distribution and ownership of mobile devices, distracted driving is a nationwide problem. Just about all drivers own some form a mobile device and most drivers have the mobile device in hand or nearby while driving. A simple glance at a text message, Facebook post, or Twitter feed can be the cause of a car accident which in turn can and does cause serious permanent personal injuries and even the wrongful death of other drivers, passengers, bicyclists, motorcyclists, and pedestrians. Certainly, the text, story, and post can be viewed at a later time. The most important tasks at hand while operating a motor vehicle is the act of driving. While this is rather basic and simple advice, far too many people are making our roads, streets, and highways unsafe through the use of mobile devices while driving. Other forms of distracted driving can include eating, searching for items in the vehicle, conversing with a passenger in the front seat or back seat, and changing or programming a radio station or navigational device.
Failing to Obey Traffic Signals and Signages. The posting of traffic lights and signage serve the purpose of directing and re-directing traffic in safer manner. Imagine a world without traffic devices, traffic signals, or rules. Our streets would be the scenes of complete and utter disorganization and havoc on a daily basis. Even with the posting of signals and signage, the streets can be tough to navigate and drive especially due rush hour, poor weather, and at other times of the day. Every driver has a duty to understand and following traffic devices and signage. When a stop sign is posted, a vehicle should be brought to a complete stop and then the driver should observe traffic flow and presence from all directions before proceeding past the stop sign. Many car accidents take place because a traffic signal or sign if violated.
Driving in an Unsafe Manner. We live in a busy world. Unfortunately, far too many drivers are in a hurry to get from Point A to Point B. In the process, a driver may hastily make decisions and put other drivers, passengers, bicyclists, and pedestrians as risks. One example of unsafe driving may involve the violation of a right of way. In Florida, a driving making a left hand turn (in most instances) shall yield the right of way to oncoming traffic. An exception to this general rule is when the left hand turning driver has a green arrow at a traffic signal. There are a number of t-bone or broadside car accidents that take place when a driver attempting a left hand turn does so in an unsafe or negligent manner.
David Wolf is the author of 10 books including the book titled - Florida Automobile Accidents - Personal Injuries - Keys to Protecting and Enforcing Your Legal Rights. The book has chapters on Common Questions and Insurance Issues, Medical Treatment and Medical Bills, Automobile Insurance Types and Coverages, Wrongful Death, Settlement and Compensation, and other topics. You can get this book for free by completing the Contact Us page on this website.
As a 26 year member of the Florida Bar and an AV Preeminent Rated attorney, David Wolf is proud to represent personal injury victims and help them deal with the many challenges and issues in the aftermath of a car accident. Contact David Wolf for a Free Consultation. Get D Wolf On Your Side - At Your Side.