Advice from a Miami Car Accident Attorney: Proving Negligence

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Advice from a Miami Car Accident Attorney: Proving Negligence

by | Mar 4, 2019 | Accidents, Auto Accidents, Personal Injury

When you get into a car accident in the Miami area, getting the compensation you deserve from the responsible party depends on proving negligence. A Miami car accident attorney can help you build your case in a way that helps you recoup the losses you sustained in the accident, including medical costs, loss of income, and damage to your property.

But how do you prove negligence in a car accident? The process is anything but simple because it depends on the specific circumstances of each case, but a good Miami car accident attorney knows how to handle whatever is thrown at them.

Breaching Duty of Care

Every single negligence claim depends on something called “duty of care.” For car accidents, establishing this duty is easy—whenever someone gets behind the wheel of a car, they have a duty to keep others safe from harm. It’s showing that the other party failed in their duty—known as a breach of duty of care—that can be complicated.

Consider this: who is responsible when brake failure causes a multi-car pileup? Is it the owner of the car? The manufacturer? Can another driver in the accident be held responsible, for instance, if they were texting? Your case depends on your attorney’s ability to prove who breached duty of care and how.

Comparative Negligence: Your Actions Matter

Florida governs by a pure negligence standard, which means that in any accident many different parties can be deemed liable. In practical terms, pure negligence means that if you are found to be 15 percent responsible for an accident and the other party is found 85 percent responsible, the amount of money you’re awarded is reduced by 15 percent.

What this means is that you not only have to establish that the other party was negligent but also that you acted responsibly in the accident. An experienced Miami car accident attorney knows how to get you the most from your claim.

Vicarious Liability

In instances where the other driver is not directly liable for the accident—for instance when they are a minor driving a parent’s car or employees acting in a work capacity—your attorney will need to seek damages for vicarious liability, establishing a relationship between the responsible party and the driver in the process.

Proximate Causation

Most of the time, it’s easy to establish proximate causation. To establish proximate causation, you need to show that without the actions of the responsible driver you would not have sustained your injuries or damage to your property. However, sometimes mitigating circumstances can make this difficult. For instance, if the other driver ran a stop sign or otherwise disobeyed the law, establishing proximate causation is pretty open and shut. But say the stop sign was obscured by a tree? It could take some extra effort to prove your case.

Damages

Finally, you have to establish how you were harmed by the other driver to recover any losses. If you were injured, you can provide your medical bills as evidence. On the other hand, if you weren’t injured but your car was totaled, you can provide the costs of repair to establish how you were harmed.

Get in touch with an experienced Miami car accident attorney today!

If you were in a car accident in Miami, don’t wait to contact an experienced attorney today. The sooner you get in touch with the Pacin Levine team, the faster we’ll be able to get you the money you’re owed.

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