When it rains, it pours. A displaced Hurricane Ian victim has had her whole world turned upside down since the storm hit Florida. Living in shelters since her home was deemed unfit for habitation, Jade Torres then suffered a horrific car accident.
“I had hit a disabled vehicle that was going way under the speed limit with no lights on at night. I was the passenger in the vehicle, and we hit them going about 75-80 mph. My legs were completely shattered, my hip,” she told Fox 13 News. Now Torres must rely on a wheelchair to get around.
Negligence and car accidents
Torres’ story is one example of how a single accident can change your life forever—and why it’s important to hold negligent drivers responsible.
Most car accident cases proceed on a theory of negligence. To prevail, a plaintiff must prove:
- The defendant had a duty of care to the plaintiff;
- The defendant breached that duty;
- The breach caused the plaintiff harm; and
- The plaintiff suffered actual damages.
In Torres’ case, the duty of care is every driver’s duty to follow the rules of the road and avoid harming others. Driving under the speed limit with no lights on is a breach of that duty. Torres’ car probably wouldn’t have hit the other vehicle if they had been obeying the rules of the road, and as a result, her hip and legs were shattered.
Successful negligence claims can recover compensation for medical expenses, pain and suffering, lost wages and other applicable damages.
If you’ve been injured in a car accident, contact an experienced Sarasota, FL auto accident lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh.