Written on Oct 18, 2012 8:41:00 AM
How Is "Driver Error" Or “Negligence” Defined In A Car Accident?
Many car accidents hinge upon the perception of “negligence” on the part of the alleged “at-fault” driver. For our purposes here, we’re not going to speak in terms of certainty. Rather, we’ll take a look at various proposed circumstances that are commonly cited in automobile accident litigation.
Before we get started, we should define, in general terms, what the courts and an attorney will generally refer to as “negligence.” It usually means that a driver did not intentionally cause a wreck. In these examples, the “at-fault” driver is accused of errors or omissions of responsible protocol while operating a vehicle that result in an accident or collision. For any questions you might have about the nuances of such cases, be sure to schedule a consultation with a well-qualified, experienced car accident attorney. Never assume anything is fact.
The law is complex, which is all the more reason you should seek the counsel of a savvy car accident attorney who is well-acquainted with the local courts, the judges, how Florida law is generally interpreted (though there are no hard and fast rules about interpretation) and Florida accident and personal injury law in general. In other words, there is no substitution for experience.
When choosing an attorney, always at least consider:
- Personal Record
Different Types Of Driver Error Potentially Considered “Negligent”
Before assuming anything about the following examples, contact an attorney at Lowman Law Firm for a free consultation. You need to protect your own interests.
- Failure To Yield – If a driver fails to yield where doing so is clearly marked properly by traffic signs may possibly constitute negligence on the part of another driver.
- Dangerous Passing – If a road is clearly marked with a double yellow line, by Florida traffic law this is a clear indication that passing on the left-hand side of the road is not permitted. Do not assume that you’re in the right. A thorough investigation is required, from the law enforcement officer and from both partie's attorneys. If a settlement is not reached, it's possible you will need to appear in court.
- Rear-End Collisions – Rear-end collisions are often considered to be negligent. Speak with a car accident lawyer at Lowman Law to discuss the details of your individual case.
- Reckless Driving – Clearly, if a driver is charged with reckless driving that results in an accident, it would seem that driver is at fault. However, many variables are at play, even if the offending driver is officially charged by law enforcement. Never take anything for granted.
- Texting – Texting while driving is proven dangerous, but does it constitute clearly negligence. Call an attorney at Lowman Law for a free case evaluation.
What Comprises Negligence On The Part Of A Driver Who Causes A Wreck?
As you can see from the examples bulleted above, rarely are cases so cut and dry that there isn’t room for interpretation. It has to do with a number of factors: subjectivity, burden of proof, how the case was investigated and other factors. That’s why it is always to your advantage to call a lawyer at Lowman Law Firm to go over the details of your car accident with the proverbial fine-tooth comb. Don’t assume anything is black-and-white, cut-and-dry. There’s too much at risk, particularly if you were seriously injured. Contact Lowman law firm for a free consultation!