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Proving negligence in Florida car accident claims

Florida motorists typically take their responsibilities to their passengers and others on the roadways seriously. However, some drivers fail to meet the expectations of the law and everyone else with whom they share the roads. If you were unfortunate enough to encounter one of these drivers and suffered injuries in a car accident, you may be wondering whether any personal injury claim you file in its aftermath will be successful.

This largely depends on whether the evidence you provide a Florida civil court establishes the negligence of the other driver. In order to meet this requirement, you must prove that the elements of negligence exist in your case. First, you need to show that the driver believed responsible owed you a duty, which was established as soon as he or she got behind the wheel. Whether here in Florida or elsewhere, all drivers are bound to follow traffic laws and drive in a safe manner.

If the driver failed to do so, he or she breached that duty. Next, you must establish that the other driver's breach of duty created a causal link between his or her actions and your injuries. By violating traffic laws and failing to drive safely, you may prove that the other party knew or should have known that the accident and your resulting injuries were a possibility. Finally, you must prove to the court that you suffered damages because of the other driver's negligence.

This may sound straightforward, but accomplishing this task could prove more challenging than you think. For this reason, it may be beneficial for you to consult with an attorney who routinely handles car accident claims such as yours. This could improve the chances that you may receive restitution for your medical costs, lost income and other damages resulting from a driver's negligence.

Source: FindLaw, "Negligence: Background", Accessed on July 15, 2017

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