If your car accident was the result of the other party’s negligence, you are probably interested in proving your claim to recover damages. Under Florida law, when bringing a personal injury claim against another driver, you need to prove four elements:
It is best to consult with a Lakeland car accident attorney to gather all necessary evidence to prove your claim and get the maximum compensation you deserve.
You Need to Prove That the Other Party Owed You a Duty of Care
The first element of a negligence claim is to prove that the other party involved in your car crash owed you a duty of care. Under Florida law, every operator of a motor vehicle owes other people on the road a duty of care.
In other words, drivers have a legal duty to avoid driving in a way that puts other drivers in harm’s way. Every motorist has a legal obligation to follow traffic rules to avoid causing car crashes or dangerous situations on the road.
In order to prevail in your car accident claim, you must prove that the other party failed to exercise reasonable care at the time of the collision.
You Need to Prove That the Other Party Breached the Duty of Care
As mentioned in the previous section, all drivers who operate motor vehicles on public roads must exercise reasonable care at all times. If a driver exceeds the speed limit, fails to indicate their intention to turn or change lanes, or violates any other laws, they are breaching the duty of care.
However, the standard of “reasonable care” requires the plaintiff to prove that the defendant failed to act as another reasonable person would under the same circumstances.
This can be difficult to prove without an experienced car accident attorney. Contact a knowledgeable lawyer to help you build a strong case and prove that the other motorist failed to act in line with the duty of care.
You Need to Prove That the Other Party’s Negligence Resulted in Your Injuries and Damages
As long as you can establish the first and second elements (duty of care and the breach of duty), proving the third and fourth elements is usually less complicated.
- The third element. This element requires you to prove a link between the other party’s negligence and your injuries. In other words, you need to demonstrate clear and convincing evidence that the defendant’s negligent behavior specifically caused your injury.
- The fourth element. In order to be entitled to compensation, Florida law also requires you to prove that you suffered damages, such as financial losses, as a result of the other party’s negligence. For example, you can show your medical bills and receipts related to the vehicle repairs.
You can establish the third element – causation – by proving you would not have been injured but for the defendant’s negligence.
Speak with an experienced Lakeland car accident lawyer to gather all relevant documentation and evidence to prove your claim and obtain compensation. Contact The Turnbull Firm for a case review. Call 863-324-3500 to get a free consultation.