Impact of Circumstances in an Accident Case

You are sure to know that the tort laws of Florida provide you the right to sue for damages if your injuries were the responsibility of another. However, many have no idea about when they do need to seek legal aid. This often leads to delays that cause problems in damage recovery for car accident injuries later.

If you are yet to understand whether you need a car accident attorney, here is a quick look at how circumstances come into play and affect the legal aspect of your case. The circumstances also dictate whom to sue and for what reasons.

Suppose you were driving down the road from office to home. Another car cuts you from the side even while you were driving properly in the right lane. You hit the brakes and narrowly miss hitting the car. However, the impact causes injuries.

In this incident, the responsibility is on the driver who cut you even while you were driving properly. The negligence theory comes into play in this tort case. Your attorney needs to establish that there was a duty to care, i.e. duty to take care of others while driving, on the part of the driver, and his/her breach of this duty led to your injuries.

Suppose you were unmindful while the other driver’s wrong turn causes the accident. If you suffer injuries in such an incident, your degree of fault comes into question as well. Who is responsible for this incident? Do you have a case?

The contributory negligence theory comes into play in this situation. Determination of the degree of your fault is necessary for this. The amount of recovery diminishes with the increase in your responsibility. You may be able to recover damages even if the other entity was 10% at fault; however, the compensation would be nominal.

Suppose you suddenly slam your brakes, and another driver hits you from the behind. Your injuries are the result of negligence of both these drivers. You need one of the Orlando car accident attorneys to assess liability in this case.

In such a situation, you may sue both the drivers as per the comparative negligence theory applicable in Florida. After assessment of the liability of each party, you may sue all parties on negligence grounds. Each defendant pays up for the percentage of damages according to the percentage of fault.

As is evident, the circumstances of the incident are important considerations in a car accident related injury case. A capable attorney is the only one who can help you assess whether you have the right to recover damages from the responsible entity.