Florida is a no fault state which means in an accident no one can blame the other for the accident. However, to bring a claim against another there must be negligence. For a driver or another person to be liable for an accident, he or she must be negligent. The key is whether the vehicle driver was negligent.
The Cornell Law School Information Institute defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct)”.
Negligence is based on the ‘reasonable person’ standard. This standard shows that a reasonable person would have taken a certain action in a certain situation. Therefore, not taking such an action would be deemed as negligence. Conversely, if a reasonable person would not have taken a certain action in a given situation. Then by doing that thing or taking that action you are deemed negligent. To determine whether a person has acted negligently a jury (or insurance company) examine the circumstances regarding a person’s actions.
A driver’s basic duties are to obey traffic laws and to be aware of what is around them. Therefore, drivers must keep a look out for obstacles on the road; that is other road users –
- other vehicles,
- traffic devices etc
If a driver fails to see what is plainly there to be seen, he may fail to respond appropriately. The truth of the matter is the driver is likely to be found as negligent.
If a driver is found to have acted negligently he or she may be responsible for your losses. Such losses include physical, mental and emotional injuries and any property damage you suffered.