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Filing suit after a car accident

If a person has been involved in a car accident in Florida, he or she may want to sue the other driver for the damages and injuries the person suffered. In order to win a personal injury case, a person needs to establish that the other driver was at fault for what happened, and that their behavior caused the person's injuries.

All motorists have a duty to behave responsibly on the road and follow all traffic laws. The failure to do so may result in a breach of duty. This breach of duty is the key to a majority of car accident lawsuits. Generally, a driver may have breached their duty if they engaged in negligence, recklessness, or intentional misconduct. Negligence may include speeding, failure to follow traffic signs, failure to yield and distracted driving. Reckless or intentional misconduct may include excessive speeding, weaving from lane to lane and other behaviors that show a willful disregard for the lives of others.

You will then need to prove that the other driver's negligence caused your injuries. However, the other driver may not be the only one at fault for the accident. Courts will evaluate the behaviors of all drivers involved and determine what percent at fault each driver. If you are found to be partially at fault for the accident, the damages you recover will depend on the state you live in. For example, Florida is a pure comparative fault state. This means that you will be allowed to collect damages even if the other party is only one percent liable for the accident. Therefore, if there is $100,000 worth of damages and you are 20 percent responsible, you will be awarded $80,000.

If a person has suffered injuries in a car accident due to someone else's negligence, that person may be entitled to seek damages for medical expenses, lost wages and other costs. However, before taking any action, it may help to obtain legal advice from an attorney, which this post does not provide.

Source: FindLaw, "Fault and Liability for Motor Vehicle Accidents," accessed on Dec. 26, 2016

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