If you’ve been hurt because of someone else’s careless actions, you may have a personal injury case based on negligence. In Florida, negligence is one of the most common legal grounds for seeking compensation after an accident.
Understanding how negligence works can help you protect your rights and get the compensation you deserve after a truck accident. These cases often involve multiple parties and complex laws, making it even more important to prove that someone else’s carelessness resulted in your injuries.
What Is Negligence?
Negligence happens when someone fails to act with reasonable care, and their actions (or inaction) cause harm to another person. In simple terms, it means someone acted carelessly and hurt someone else because of it.
The Four Elements of Negligence
To win a negligence case in Florida, you must prove four key elements. All four must be present for a valid claim.
Duty of Care
This means that a person or business owed a duty to someone else. For example, commercial truck drivers have a duty to follow traffic laws and federal safety regulations. Additionally, trucking companies have a duty to hire qualified drivers.
Breach of Duty
A breach of duty occurs when the liable party fails to meet their duty of care. Examples include violating hours-of-service regulations, speeding, driving too fast for the conditions, distracted driving, or driving under the influence.
Causation
You must show that the other person’s careless actions directly caused your injuries. If their actions didn’t contribute to the accident, you might not have a strong case.
Damages
Finally, you must show that you suffered real harm. This could include physical injuries (e.g., spinal injuries, long-term rehab, and totaled vehicles), emotional distress, lost wages, or medical bills.
If all these elements are proven, you may be entitled to compensation.
Florida’s Comparative Negligence Rule
Florida follows a legal rule called modified comparative negligence. This means that if you were partially at fault for the accident, your compensation might be reduced by your percentage of fault.
For example, if you were found to be 20% responsible for a truck accident and your damages totaled $100,000, you would receive $80,000 instead of the full amount.
Even if you were partly at fault, you can still recover damages in most cases. However, if you are found to be more than 50% responsible for the accident, you will not be able to recover any compensation. This makes it important to have a skilled personal injury lawyer who can fight to reduce your share of fault.
What to Do if You Are Hurt Due to Negligence
If you believe someone else’s negligence caused your truck accident injuries, here are important steps to take:
- Get Medical Attention: Your health should be your top priority. Seek medical care right away, even if you don’t feel seriously hurt.
- Document the Scene: Take photos and videos of where the accident happened. This can include photographing vehicle damage, skid marks, and debris on the road.
- Collect Witness Information: Get the names and contact information of anyone who saw what happened.
- Report the Incident: Notify the appropriate person or authority.
- Contact a Personal Injury Lawyer: An experienced lawyer can guide you through the process, protect your rights, and help you build a strong case.
Taking these steps can make a significant difference in the outcome of your case.
Common Types of Damages in Negligence Cases
If you win a negligence case, you may be able to recover several types of damages:
- Medical Expenses: hospital bills, doctor visits, therapy, and future medical costs
- Lost Wages: income lost while recovering from your injuries
- Pain and Suffering: compensation for physical pain and emotional distress
- Property Damage: repairs or replacement of damaged property, such as your car
- Loss of Enjoyment: if your injuries prevent you from enjoying hobbies or activities you once loved.
In severe cases, courts may also award punitive damages to punish the person responsible for especially reckless behavior.
Who Can Be Held Liable in a Truck Accident Caused by Negligence in Florida?
There are multiple parties who could be held liable in a truck accident case caused by negligence, including:
- The truck driver
- The trucking company
- Cargo loaders or shipping companies
- Maintenance or repair contractors
- Government entities
Determining negligence in these cases can be tricky without the assistance of an attorney.
Contact a Florida Truck Accident Lawyer for a Free Consultation
Negligence is a serious issue that can lead to life-changing injuries and financial hardship. Don’t wait to take action if you’ve been hurt because of someone else’s carelessness. A knowledgeable Florida truck accident lawyer can help you understand your rights and fight for the compensation you need to move forward with your life.
Contact Shaked Law Firm, P.A. to schedule a free consultation at (305) 937-0191.