If you have been injured in a vehicle collision, contact a local accident lawyer to discuss the role of negligence in West Palm Beach car accident cases. Such an attorney will be well equipped to inform you of your rights under the circumstances and can help you recover any applicable damages.
Common Causes of Inattention
Negligence in West Palm Beach car accident cases is not uncommon. Often, people are on their cell phones or texting while driving, or they succumb to some other form of distraction. In other cases, people driving in unfamiliar areas may miss a turn and rather than going to the next intersection to make a safe turn, will slow down and stop in the middle of the road in an attempt to figure out where they are. In West Palm Beach, there are a lot of there are a lot of tourists and short term residents who are driving in unfamiliar areas and may get confused.
Role of Florida Bad Faith Law
Bad faith claims will often result in the claimant getting better results in an auto accident claim. This is because the insurance company realizes that, if there is an experienced attorney involved, it is often better to settle claims when they could and should, rather than risk challenging the lawyer, who is familiar with Florida Bad Faith Law and could come after the insurance company, holding them accountable for their insured actions.
Comparative Fault Jurisdiction
West Palm Beach is a comparative fault jurisdiction rather than a contributory negligence state. The difference between the two is significant. Contributory negligence means that if the injured party at all contributed to causing the injuries, they may be barred from making a recovery at all.
By contrast, a comparative fault jurisdiction is one where an individual can be partially at fault for causing his own injuries and still make a recovery. However, the recovery is going to be limited to the percentage of fault of each at-fault party. In other words, if the injured party is involved in a car accident and a jury were to find them to be 25% at fault for causing the crash and award him $100,000, that award would be reduced to $75,000 because they could only recover from the other party for their percentage of fault.
Elements of Liability
When it comes to negligence in West Palm Beach car accident cases, there are a number of considerations which factor into the determination of liability. Speed is one example, as is failing to avoid somebody. If Driver ‘A’ makes a turn into the lane occupied by Driver ‘B,’ while the former may have violated right-of-way rules, a jury may find that there was ample opportunity for the latter to either change lanes and avoid the crash entirely or slow down.
In another scenario, if a person is approaching a yellow light which would require them to yield, and they instead speed up while cross traffic goes through the intersection legally, a jury could find the person shared in causing the crash. This is because the driver had and ignored the option slow down, stop, and wait for the light to turn green again.
How a Lawyer Can Help Manage the Workload
The most important reason to contact a car accident lawyer is their familiarity with and experience working on precisely these types of situations. Negligence cases can be very broad, and having a trained professional to guide you through the process will be invaluable. For instance, there are many different kinds of insurances that come into play and a skilled lawyer can discuss all relevant matters with an adjuster, including property damage, bodily injury liability, underinsured motorist elements. Unless an individual has some familiarity with these types of insurance and how they would apply to the case at hand, the sheer quantity of considerations can be overwhelming. Having an experienced attorney that deals with this on a daily basis will, therefore, be an asset to anyone looking to recover damages for injuries caused by negligence in West Palm Beach car accident cases.