In Florida, everyone must drive at a reasonable speed based not only on the speed limit but also the road and weather conditions. A failure to drive at a safe speed given the conditions can result in a driver failing to notice an actual or potential hazard, such as another vehicle swerving, a construction area, or stopped traffic ahead. At the Dean Law Firm, our car accident lawyers represent people in Ocala and the surrounding areas who have been hurt when a driver was traveling too fast for conditions.
If you are injured in a car crash and need to pursue compensation, you generally would have to prove the other driver’s duty of care, an incident that breached the duty, actual and proximate causation, and damages. All motorists have a duty to drive safely for conditions, so in most cases, driving too fast for weather or road conditions is a breach of duty. However, the excessive speed must be the cause of your injuries in order to recover.
For example, if another driver is driving too fast through a first rain after a long dry spell and rear-ends you in stopped traffic because he skids, proximate cause probably can be established. If the driver had not been driving too fast for conditions, he would not have rear-ended you.
What if the victim also acted in a moderately careless way? Florida is a pure comparative negligence state. This means that the jury will evaluate liability, determine damages, and assign percentages of responsibility to the parties that are determined to be at fault. For example, if the jury sets the damages at $100,000 and finds that the victim was 30% responsible, he or she may be able to recover up to $70,000.
Sometimes, unusual situations may arise regarding construction work. All drivers should slow down and drive particularly cautiously in a construction zone. However, if the construction zone is unmarked, the situation is more complicated and the legal issues may be complex. The construction company and property owner may be responsible for a dangerous condition, and they may potentially be held liable by someone who is hurt in an accident caused by inadequate markings.
There is a wide range of economic and non-economic damages that may be available to an accident victim. Economic damages are intended to compensate for relatively objective costs. Some common examples include medical bills, lost wages from missed work, and property damage. Non-economic damages are more subjective and are based on forms of harm such as pain and suffering, scarring and disfigurement, or emotional distress. The right to pursue damages is generally contingent on bringing a claim within the appropriate time period, known as the statute of limitations.
At the Dean Law Firm, our injury attorneys represent people in Ocala and the surrounding communities who have been involved in accidents because of someone else’s carelessness. We also have assisted individuals in Crystal River, The Villages, and other areas of Marion, Lake, Sumter, Levy, and Citrus Counties. We aggressively negotiate with insurance adjustors, and we can also take your case to trial if necessary. Contact our firm at 352-387-8700 or via our online form to set up a free consultation.
