What Is Considered Negligence in a Car Accident?

If you were injured in a car accident, you may be considering your legal options or wondering whether negligence played a role in the collision. Navigating Florida’s complex insurance requirements and legal pathways to pursue compensation for your damages can be highly confusing. In this guide, our personal injury attorneys in Melbourne, FL, from Alpizar Law answer the question, “What is considered negligence in a car accident?” by explaining legal liability and common examples.

Defining Negligence in the Context of Car Accidents

Negligence refers to the failure to perform the reasonable duty of care that someone would exercise in similar circumstances, ultimately causing harm to another person or damage to their property. In the context of car accident claims, negligence often involves another driver failing to follow basic safety laws, creating hazardous conditions for other vehicles on the road. Driver negligence might include doing something one should not do, such as drinking and driving, or failing to fulfill basic duties, such as driving at night without headlights on.

The Legal Duties Florida Drivers Have

All drivers owe a reasonable duty of care to keep roads safe and prevent harm to others. Here are examples of some of the main legal duties Florida drivers have:

• Driving at a reasonable, safe speed
• Following all traffic signals
• Staying alert to other vehicles, pedestrians, or hazards in the road
• Maintaining safe control of the vehicle
• Keeping the vehicle in safe working order through proper maintenance
• Only operating the vehicle when safe to do so (i.e., not while under the influence, drowsy, distracted, etc.)

When Does Negligence Apply to Car Accident Claims in Florida?

Florida is a no-fault state, which means the concepts of negligence and liability are often irrelevant in minor car accidents. All drivers in Florida are required to have Personal Injury Protection insurance.

PIP insurance provides coverage for your medical costs and lost wages after you’re involved in a car accident, regardless of fault. The primary function of this insurance is to cover immediate medical treatments without the need to determine liability first.

Depending on your PIP policy limits, your insurance provider may not cover the full extent of your damages. PIP insurance providers in Florida typically pay for up to 80% of medical costs and 60% of lost wages, subject to policy limits.

You may have the ability to sue the at-fault driver to pursue compensation for your remaining damages if your injuries are considered severe or if your medical costs exceed $10,000. Florida’s no-fault law only allows drivers to open lawsuits if they meet specific injury or monetary threshold criteria. For example, permanent or severely disfiguring injuries may qualify within this threshold.

If you meet the criteria and choose to file a lawsuit, negligence will play an important role in your case. While you do not need to prove liability for insurance purposes, personal injury lawsuits do require you to establish negligence to pursue compensation.

Examples of Negligent Driving Behaviors

So, what is considered negligence in a car accident? Negligence can come in many forms, depending on the details of the collision. Here are some potential examples of driver negligence:

Reckless Driving

Reckless driving involves operating a vehicle with wilful disregard for safety. This can come in various forms, including the following:

• Speeding: Speeding can create hazardous conditions for other drivers, or it may exacerbate an accident. Driving at speeds higher than recommended may make it challenging for drivers to respond to hazardous conditions or brake in time, potentially contributing to collisions.
• Tailgating: Tailgating involves one vehicle following another too closely. Without sufficient braking distance, tailgating can lead to a collision. Following distance recommendations vary depending on vehicle speed and size, so it’s important to consult an attorney or accident reconstructionist if tailgating contributed to your damages.
• Aggressive driving: Aggressive driving refers to committing traffic violations with the intention of endangering another person or physical property. Some examples might include intentionally stopping short, road rage, abrupt lane changes, blocking vehicles from merging, excessive honking, or tailgating.
• Failing to use turn signals: Florida mandates that drivers use turn signals when turning or changing lanes. When a driver fails to do so, other vehicles on the road cannot respond appropriately to their maneuver. For example, if one vehicle merges in front of another without its blinker, the following car may not be able to brake in time.

Driving Under the Influence

When asking “What is considered negligence in a car accident?” some people immediately think of driving under the influence. Driving while impaired by substances such as alcohol or drugs (legal or illegal) is prohibited in every state. Doing so impairs drivers’ abilities to respond adequately to hazards or road signals, creating dangerous conditions for the driver, their passengers, and other vehicles on the road.

Substances like alcohol and THC can slow problem-solving skills and reaction times, creating significant threats to public safety when drivers are impaired.

Ignoring Traffic Signals

Drivers must abide by all traffic signals to help maintain the safe flow of traffic. This includes traffic lights, speed signs, pedestrian warnings, right-of-way signs, detour alerts, etc. Failing to abide by such signals can create hazardous traffic patterns that affect all vehicles on the road.

For example, if a driver ignores or does not see a no-U-turn sign, they may collide with oncoming traffic that has the right-of-way. Establishing whether or not a driver ignored road signs can be challenging. Traffic camera footage or testimony from an accident reconstructionist may help.

Driving While Distracted

When a driver takes their attention away from the wheel, they’re unable to respond to potential hazards, such as a vehicle braking quickly, an animal in the road, or the light turning red. Distracted driving might include:

• Texting and driving
• Adjusting the radio
• Turning on the GPS
• Eating while driving
• Applying makeup or beauty products
• Becoming distracted by outside scenery or objects

Florida law prohibits drivers from using handheld devices. Drivers cannot text or manually adjust their GPSs while operating their vehicles. Only hands-free devices are acceptable, though drivers should still exercise caution when speaking on the phone or using Bluetooth features.

Driving Without Headlights at Night

Driving without proper illumination can create significant risks for the driver and other vehicles on the road. The driver may not be able to see hazards like potholes or animals in the road. Meanwhile, other drivers, pedestrians, or cyclists may not be able to see the vehicle at all, which could lead to a variety of collision risks.

Automatic headlights did not become a standard or widespread feature in vehicles until the 2000s. Because of this, some drivers on the road still operate vehicles that require manual headlight operation. In some cases, they may fail to activate their headlights due to oversight.

Operating the Vehicle While Drowsy

Operating a vehicle while drowsy creates similarly hazardous conditions as driving while under the influence or distracted. When a person is tired, their response times can decrease. Falling asleep at the wheel may lead to the vehicle swerving out of its lane or hitting oncoming traffic.

Failure To Take Proper Precautions During Severe Weather

Drivers are expected to respond appropriately to any severe weather that may hit Melbourne. During heavy rain or high winds, drivers should slow their speeds and proceed with caution to minimize risks from the hazardous road conditions. If a driver fails to do so during severe weather, this may be seen as negligent driving.

Can Other Parties’ Negligence Cause a Car Accident?

When asking, “What is considered negligence in a car accident?” keep in mind that liability can extend beyond driving behaviors. While another driver’s negligence can potentially cause an accident, this is not the only possible contributing factor. Consider the following possibilities:

Vehicle Manufacturer Negligence

Vehicle defects or part malfunctions can contribute to accidents. For example, faulty brakes could cause a vehicle to fail to stop before reaching a traffic light, leading to a rear-end or T-bone collision.

Manufacturers maintain a duty of care to provide safe products to consumers and prompt warnings of potential defects. If a vehicle manufacturer develops a car or part that is inherently dangerous due to a malfunction, error, inadequate warning, or design flaw, they may be held liable for resulting damages.

Third-party negligence claims can be challenging to handle, as large corporations often have significant defense resources to handle any potential liability claims. Because of this, it’s advisable to consider consulting an attorney promptly to discuss your rights and legal options.

Road Maintenance Negligence

Road defects can also cause accidents. For example, large, unmarked potholes may damage a vehicle’s tire or cause it to swerve out of its lane. If an accident occurs due to negligent road maintenance, the liable party may be a government entity.

Suing the government for negligence involves shorter statutes of limitations and various complexities. After the accident, you should take photos of the scene, including any dangerous road conditions, to support your case.

Vehicle Repair or Maintenance Work Negligence

Drivers must only operate safe vehicles, which often involves performing regular car maintenance. If a vehicle repair or maintenance company performs illegitimate or negligent work, causing the vehicle to malfunction, they may be held accountable for the accident.

For example, if an auto shop claims that they changed the car’s faulty brakes but did not actually replace the component, this would be a breach of duty. If the car crashes because of this oversight, the auto shop may potentially bear legal responsibility for the accident.

The Elements Required To Prove Negligence in a Car Accident Lawsuit

Now that you know the answer to “What is considered negligence in a car accident?” let’s discuss the elements required to prove it. Establishing negligence in a car accident lawsuit generally requires that you prove the following:

• A duty of care: As mentioned previously, drivers and other parties owe various duties of care, depending on the circumstances. You first must prove the duty of care that was owed. For example, you may need to cite Florida laws proving that drivers owe a duty of care to drive with their headlights on at night.
• Breach of duty: You must provide evidence displaying a breach in the liable party’s duty of care. Following the previous example, you would need to demonstrate that the driver was operating their vehicle at night without headlights. Evidence might include witness statements, dashcam footage, etc.
• Causation: You also must establish that the liable party’s breach of duty directly caused the accident. Just because a driver did not have their headlights on does not mean that they caused an accident, so you must establish a link here. For example, traffic camera footage may show you accidentally colliding with a poorly illuminated vehicle in an intersection.
• Damages: Finally, you must provide clear documentation of your damages, linking all losses to the accident, such as medical bills, lost wages, lost earning capacity, pain and suffering, and more. Seeking prompt medical attention directly after the accident can support your case.

Florida follows a legal principle known as modified comparative negligence for personal injury lawsuits, including car accident cases. This means that compensation may be reduced based on the determination and distribution of fault. For instance, if the court finds you 20% liable for the accident, your settlement would be reduced by that same percentage.

In the modified system, any party found more than 50% liable for the accident cannot seek compensation. Because of this, it’s important to work with an experienced car accident attorney as you pursue your lawsuit.

Did You Suffer Severe Injuries From a Car Accident?

Now you know the answer to “What is considered negligence in a car accident?” Next, learn more about the overall role of negligence in personal injury claims so you’re better prepared to build your case.

At Alpizar Law, we represent car accident victims. Our team can help you pursue compensation for your losses. If you’ve been injured in an accident, call us today at (321) 676-2511 to discuss your case.