What Makes a Driver Negligent in a Florida Accident?

Florida Car Accidents Caused by Negligent Drivers

When you get behind the wheel, you expect others to follow the rules of the road and drive responsibly. Unfortunately, not every driver shares that same sense of care. Some make mistakes, others suffer medical emergencies, but many simply choose to be reckless—speeding, driving aggressively, or ignoring traffic laws.

These choices often lead to devastating crashes, serious injuries, and even loss of life. If you’ve been injured in a Florida car accident, you shouldn’t have to settle for whatever the insurance company decides to offer. A skilled Florida car accident lawyer can help hold negligent drivers accountable and pursue the compensation you truly deserve.


What Counts as Negligence in a Florida Car Accident?

Most car accidents stem from negligence. Courts distinguish between true accidents—such as an unforeseeable medical emergency—and negligent actions where a driver ignored known risks.

Examples of negligent driving include:

  • Speeding or running traffic signals

  • Distracted driving (texting, eating, adjusting controls, talking to passengers)

  • Unsafe maneuvers like abrupt lane changes or sudden stops

  • Driving a poorly maintained vehicle

  • Failing to adjust speed for weather or road conditions

  • Driving under the influence of alcohol or drugs

  • Fatigued driving, especially among truck drivers who push beyond safe limits


Proving Negligence

To recover compensation, you must show the other driver’s negligence caused your accident. Negligence is proven through four elements:

  1. Duty of Care – All drivers must act in a way that protects others on the road.

  2. Breach of Duty – The driver failed to uphold that duty (e.g., texting while driving).

  3. Causation – The negligent act directly caused the crash and your injuries.

  4. Damages – You suffered physical, financial, or emotional harm.


Recoverable Damages in a Florida Car Accident Claim

Florida law allows accident victims to recover compensatory damages—both economic and non-economic—and in some cases, punitive damages.

Economic Damages

These are financial losses with a clear value, such as:

  • Medical care, surgeries, prescriptions, and rehabilitation

  • Home or vehicle modifications (wheelchair ramps, lifts, hand controls)

  • Ongoing therapy or home health care

  • Lost wages and reduced earning capacity

  • Property damage, including vehicle repair or replacement

  • Funeral and burial costs in fatal accidents

Non-Economic Damages

These compensate for losses that don’t have a direct dollar amount, including:

  • Pain and suffering

  • Emotional distress

  • Loss of companionship or consortium

  • Loss of quality of life

  • Disfigurement, scarring, or disability

Punitive Damages

In rare cases where the driver’s conduct was especially reckless or intentional, the court may also award punitive damages to punish wrongdoing and deter future misconduct.


Injuries Caused by Negligent Drivers

Car accidents can cause a wide range of injuries, from minor to life-threatening. Common injuries include:

  • Broken bones and crush injuries

  • Soft tissue injuries and sprains

  • Traumatic brain injuries

  • Spinal cord injuries and paralysis

  • Internal bleeding and organ damage

  • Severe burns, amputations, or disfigurement

If your accident aggravated an existing injury or illness, the negligent driver may still be held responsible for the additional harm.


Why You Should Contact a Florida Car Accident Lawyer Quickly

After an accident, time is not on your side. Florida law gives you just two years to file a negligence claim. Building a strong case takes time—your attorney may need to investigate the scene, gather police and medical reports, depose witnesses, and work with experts to calculate long-term losses.

Insurance companies often try to minimize payouts. They may offer quick, low settlements or use your own words against you to deny liability. Having an attorney from the start ensures your rights are protected and that you don’t accept less than you deserve.


Determining Responsibility

While the negligent driver is often the main party at fault, others may share responsibility, including:

  • Trucking companies and commercial vehicle owners

  • Vehicle or parts manufacturers

  • Maintenance crews or inspectors

  • Municipalities responsible for unsafe road conditions

  • Employers of negligent drivers

An experienced attorney will identify all possible sources of liability to maximize your recovery.


Speak With a Florida Car Accident Lawyer Today

If you were injured or lost a loved one because of a negligent driver, don’t face the aftermath alone. The team at Applebaum Accident Group is here to fight for your rights, deal with the insurance companies, and pursue the full compensation you deserve.

Call us today for a , no-obligation consultation(855-Call-Paul).

Julie Patron
Julie Patron
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