You see your friend’s car with a dent in the door and he says “I had an accident, but it wasn’t my fault.” Certainly police officers hear that all the time, irate drivers pointing fingers after a fender-bender assert their innocence, and attorneys hear it when clients visit them for a consultation.
Establishing liability (or negligence) in a personal injury case is not always as easy as it may seem to the drivers involved. This is why having an experienced, qualified attorney on your side is so important.
The online legal news source legalexaminer.com published some key elements involving how negligence is determined:
Establishing Negligence – by Nathaniel Fick
The main aspect of establishing liability in an auto accident case is proving negligence, and there are certain situations and types of accidents where liability is relatively clear-cut. These include:
Rear end collisions. The basic rules of the road require that vehicles keep a safe following distance from one another, so the vehicle that rear ends another will almost always be found liable. The law imposes duties of care on both drivers of lead vehicles and drivers of following vehicles. The operator of the leading vehicle must exercise the same degree of care to avoid injury to the vehicle behind him or her.
Left turns. Generally, a car making a left turn is usually held responsible when there is a collision with another vehicle coming straight from the other direction, although there can be exceptions, such as if the vehicle traveling straight was speeding or running a red light.
Accidents involving impaired drivers. Although a drunk driver’s fault is not automatic, the fact that they were under the influence of alcohol and/or drugs and arrested for DUI will make it hard for them to escape at least some degree of liability.
When a car hits a pedestrian. Drivers are required to be extra cautious when pedestrians are present, but pedestrians are not held blameless in all situations, such as when they don’t use a designated crosswalk or walk along a busy freeway at night wearing dark clothing. Full article at legalexaminer.com
Since 1991 the attorneys at Lazarus and Lazarus have been effectively fighting for the rights of personal injury victims throughout the state of Florida. They are experts dealing with issues involving negligence, liability, injuries, and damages.
With offices in Fort Lauderdale, Weston and Orlando, Lazarus and Lazarus attorneys are available to meet with you and discuss your case. Calling 954-356-0006 will put you directly in touch with an attorney who can answer your questions and guide you through the process of establishing facts and protecting your rights.
Edited by Dergle Mumpton
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