If you drive long enough, there is a chance that you will eventually find yourself involved in an auto accident. Fortunately, the vast majority of these accidents is relatively minor and may involve little more than a small dent or scrape. However, occasionally an accident will cause you personal or property damage. When the responsibility for the accident lies with someone else, you may be wondering what kind of legal options you have.
You may have the right to file a claim for negligence if another person caused your accident. To do this, a claimant needs to prove three main elements. These include duty, breach and injury. Without one of these elements, a negligence claim will fail.
The first element is duty. What this means is that the defendant owed the plaintiff a duty. This might sound like that person was expected to carry out a favor or job, but all it really means is that the person is expected to act reasonably in a given situation. In the context of driving, this means that the person must refrain from colliding with other vehicles or otherwise causing accidents.
The next element is breach and this relates directly to duty. To bring a claim for negligence, a plaintiff must demonstrate that a defendant breached his or her duty of care. Again, in the context of driving, this would mean that the person failed to exercise due care and caused a motor vehicle accident. Just because a person crashed does not mean that they breached their duty of care. A finding of breach turns on the unique facts of a case.
Finally, a plaintiff must prove injury. This can be bodily or property, but it must be real and measurable. An accident without accompanying injuries is not actionable. The injuries must have resulted directly due to the breach in duty by the defendant.
After a serious car accident resulting in injuries, be sure to work with the dedicated and experienced personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh in Florida.