A 31-year-old Tampa man was killed on I-75 near Bradenton in early June. The collision happened when the man, who was driving a Dodge Ram pickup, attempted a sudden lane change. He struck the guard rail separating the exit ramp from the travel lanes. This caused his pickup to flip over and land on the roof in the exit lanes. The driver was declared dead at the scene. Meanwhile, a Honda Civic was struck by debris from the crash. It is unclear whether the driver sustained any injuries as a result.
Even single vehicle accidents can have unexpected consequences, just as the Civic driver experienced. What happens if you’re injured, when you’re not involved in an accident?
Negligence and unintended consequences
To prove negligence, a plaintiff must show that the defendant had a duty to avoid causing them harm, they breached that duty and as a result, the plaintiff suffered actual harm. For example, when a driver makes poor choices, loses control of their vehicle and crashes, they’re responsible for damages they cause to other drivers and passersby.
To recover damages, a plaintiff has to show that the consequences of the defendant’s actions were reasonably foreseeable, such as other vehicles being affected by a crash on a busy highway. Even if the defendant didn’t mean to cause the harm—or didn’t anticipate the scale of the damages which resulted—they’re still responsible for that harm.
However, if the defendant can prove that the harm was not foreseeable, they may be able to avoid legal liability.
If you’re injured as a result of someone else’s negligence or recklessness, you may be able to recover compensation for your injuries. Reach out to the seasoned Sarasota, FL personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh to learn more about your options.