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What Makes Another Driver Negligent?

Injured in an Accident? Find Out if You are Entitled to Compensation from a Tallahassee Car Crash Lawyer

When you get seriously injured in a car accident, one of the most important questions you need to answer is whether someone else was to blame. In most cases, this “someone else” is the other driver involved in the collision. If the other driver caused the collision (if he or she was “negligent”), a Tallahassee car crash lawyer can help you seek compensation under the driver’s auto insurance policy.

But, what makes a driver negligent? When can you seek fault-based coverage under Florida’s “no-fault” insurance law? Finally, how do you prove negligence in order to seek just compensation? Here’s what you need to know.

When is a Driver Considered Negligent Under Florida Law?

There are many different forms of driver negligence. In general, a driver is considered negligent in Florida if he or she makes a mistake that causes a crash. Some of the most common types of driver mistakes that lead to car accidents include:

Aggressive Driving or Driving Recklessly

Driving aggressively or recklessly puts everyone on the road in harm’s way. Unfortunately, many drivers severely overestimate their driving capabilities. While they think they are in control, they are not, and their mistakes end up leading to a lifetime of consequences for innocent drivers and passengers.

The terms “aggressive driving” and “reckless driving” encompass many different types of dangerous driving mistakes. Some of the most common types of aggressive and reckless driving include:

  • Unsafe lane changes
  • Unsafe and illegal passing
  • Road rage
  • Running red lights and stop signs
  • Speeding
  • Street racing
  • Tailgating

As with the other types of driver negligence discussed above, aggressive driving and reckless driving are ticketable offenses under Florida law. If the other driver received a ticket as a result of causing your (or your loved one’s) accident, this might help prove your claim for compensation, but it will not be enough on its own. You will still need to hire a Tallahassee car crash lawyer to conduct a comprehensive investigation and pursue a claim for negligence on your behalf.

Driving While Fatigued

Driving while fatigued is also extremely dangerous. Not only are tired drivers at risk for falling asleep behind the wheel, but fatigue can cause tunnel vision, delayed reactions and poor decision-making, just like being drunk behind the wheel.

Driving While Distracted

Driving while distracted is a leading cause of car crashes in Florida. This includes talking on the phone, texting and sending emails, using social media, following GPS directions, talking to passengers, eating, drinking, rubbernecking, and anything else that can distract a driver from the task at hand. All forms of distracted driving are considered negligent, and you should consult with a Tallahassee car crash attorney promptly if a distracted driver hit you or a loved one.

Other Acts of Driver Negligence 

All types of driving mistakes can lead to serious and fatal collisions. In addition to distracted, fatigued, impaired, aggressive and reckless driving, other common forms of driver negligence include:

  • Driving with worn brake pads or tires
  • Driving without glasses or contacts
  • Failing to check blind spots
  • Failing to signal
  • Failing to yield the right of way
  • Making sudden stops or turns
  • Merging without looking

Due to the wide variety of mistakes that constitute negligence under Florida law, you should consult with an attorney regardless of the circumstances involved in your (or your loved one’s) collision. You should not make any assumptions, and you should be careful to avoid mistakes of your own that could jeopardize your claim for just compensation.

Talk to a Tallahassee Car Crash Law Firm for Free

Keep in mind that filing an auto insurance claim might not be your only option. Was the other driver working at the time of the crash? Had he or she been overserved by a bar or restaurant? In many cases, accident victims and families can seek compensation from “third parties” for drivers’ mistakes.

Are you entitled to financial compensation for driver negligence? To find out, schedule a free, no-obligation consultation with a Tallahassee car crash attorney at Searcy Denney. Call 888-549-7011 or request an appointment online to discuss your case in confidence as soon as possible.

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Posted By: Clinton Cimring